Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and 3-102-954669 S.R.L., a sociedad de responsabilidad limitada organized under the laws of the Republic of Costa Rica, operating as "XEX" ("XEX", "the Exchange", "the Platform", "we", "us", "our"), governing your access to and use of the XEX cryptocurrency exchange platform, including all associated websites, mobile applications, application programming interfaces (APIs), trading tools, and any other services offered by XEX (collectively, the "Services").

By accessing, browsing, registering for, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately discontinue your use of the Services and close your account.

Your use of the Services is also governed by our Privacy Policy, Cookie Policy, Risk Disclosure Statement, AML/KYC Policy, and any other policies, guidelines, or supplemental terms published on the Platform (collectively, "Supplemental Terms"). All Supplemental Terms are incorporated into and form an integral part of these Terms. In the event of any conflict between these Terms and any Supplemental Terms, these Terms shall prevail unless the Supplemental Terms expressly state otherwise.

These Terms are effective as of the date you first access or use the Services. Continued use of the Services following the posting of any modifications to these Terms constitutes your binding acceptance of such modifications.

2. Eligibility

2.1 Age Requirement

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence (whichever is higher), to access or use the Services. By using the Services, you represent and warrant that you meet this age requirement. If we discover or have reason to believe that you do not meet the age requirement, we reserve the right to immediately suspend or terminate your account without notice and without liability.

2.2 Jurisdictional Restrictions

The Services are not offered to, and may not be used by, persons or entities located in, incorporated in, or residents of any jurisdiction where the provision or use of the Services would be contrary to applicable laws, regulations, or regulatory guidance. It is your sole responsibility to determine whether your access to and use of the Services is lawful in your jurisdiction. By accessing the Services, you represent and warrant that you are not located in, organized under the laws of, or a resident of any Restricted Territory.

Without limiting the foregoing, the Services are not available to persons or entities located in, organized under the laws of, or residents of:

• The United States of America and its territories
• The People's Republic of China (mainland)
• The Democratic People's Republic of Korea (North Korea)
• The Islamic Republic of Iran
• The Syrian Arab Republic
• The Republic of Cuba
• The Crimea, Donetsk, and Luhansk regions of Ukraine
• Myanmar (Burma)
• Any other jurisdiction that is subject to comprehensive sanctions imposed by the United Nations, the European Union, the United Kingdom, or the United States ("Restricted Territories")

XEX reserves the right to modify, expand, or reduce the list of Restricted Territories at any time and without prior notice. Users are responsible for monitoring the applicability of any jurisdictional restrictions.

2.3 Sanctions Compliance

By using the Services, you represent and warrant that neither you nor any party that owns or controls you is: (a) named on any sanctions list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), the European Union, the United Nations Security Council, His Majesty's Treasury (UK), or any other relevant governmental authority; (b) located in, organized under the laws of, or a resident of any country or territory that is the subject of country-wide or territory-wide sanctions; or (c) otherwise a party with whom dealing is prohibited under applicable sanctions laws. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, you will immediately cease using the Services and notify XEX.

2.4 Restricted Persons

You may not use the Services if you are a Politically Exposed Person (PEP) unless you have been specifically approved by our compliance team following enhanced due diligence. You further represent that you are not acting as an agent, nominee, intermediary, or front for any person or entity that would be prohibited from using the Services under these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you must register for an account by providing accurate, current, and complete information as prompted by the registration form. You agree to maintain and promptly update your account information to keep it accurate, current, and complete. Providing false, inaccurate, outdated, or incomplete information constitutes a breach of these Terms and may result in immediate termination of your account.

3.2 Account Security

You are solely and fully responsible for maintaining the confidentiality and security of your account credentials, including your password, API keys, two-factor authentication (2FA) codes, and any other security mechanisms associated with your account. You agree to:

• Create a strong, unique password that is not used for any other online service
• Enable two-factor authentication (2FA) using an authenticator application (strongly recommended and may be required for certain account activities)
• Not share your account credentials with any third party for any reason
• Immediately notify XEX if you suspect any unauthorized access to or use of your account
• Log out of your account at the end of each session, particularly when using shared or public devices

XEX shall not be liable for any loss or damage arising from your failure to comply with these security obligations. All activities that occur under your account are deemed to have been authorized by you, and you bear full responsibility for all such activities, whether or not actually authorized by you.

3.3 One Account Per Person

Each individual or entity may maintain only one (1) account on the Platform. Creating multiple accounts for the purpose of evading restrictions, accumulating bonuses or promotions, or any other reason constitutes a violation of these Terms. XEX reserves the right to consolidate, suspend, or terminate duplicate accounts and to forfeit any associated balances, rewards, or benefits obtained through such violations.

4. Identity Verification (KYC/AML)

4.1 Verification Requirements

In compliance with applicable anti-money laundering (AML), counter-terrorism financing (CTF), and know-your-customer (KYC) laws and regulations, XEX implements a tiered identity verification system. You agree to provide truthful, accurate, and complete identity verification information and documentation as required by the applicable verification tier.

• Tier 1 (Basic): Email verification and basic personal information. This tier provides limited access to Services with restricted transaction limits.
• Tier 2 (Intermediate): Government-issued photo identification, proof of address, and a selfie verification. This tier provides standard access and increased transaction limits.
• Tier 3 (Advanced): Enhanced due diligence including additional identity documentation, source-of-funds declarations, source-of-wealth evidence, and potentially a video interview. This tier is required for high-volume trading and institutional accounts.

4.2 Right to Request Additional Documentation

XEX reserves the right, at any time and in its sole discretion, to request additional identity verification documentation or information from any User, regardless of their current verification tier. Such requests may be made to comply with applicable laws, regulatory guidance, or internal compliance policies. Failure to provide requested documentation within the timeframe specified by XEX may result in the restriction, suspension, or termination of your account and the freezing of any associated funds until satisfactory verification is completed.

4.3 Ongoing Monitoring

XEX conducts ongoing transaction monitoring and may periodically request updated verification documentation. You consent to such monitoring and agree to cooperate fully with any requests made by XEX or its designated third-party verification partners. XEX may share your verification information with regulatory authorities, law enforcement agencies, and designated third-party compliance service providers as required by applicable law or as reasonably necessary for compliance purposes.

5. Permitted and Prohibited Activities

5.1 Permitted Use

You may use the Services solely for their intended purpose of lawful cryptocurrency trading, investment, and related activities, subject to these Terms and applicable laws. All trading activity must be conducted in good faith and in accordance with fair and orderly market practices.

5.2 Prohibited Activities

You agree that you will not, and will not attempt to, engage in any of the following prohibited activities:

• Market Manipulation: Any action intended to artificially inflate or deflate the price of any asset, including but not limited to pump-and-dump schemes, coordinated buying or selling, and the dissemination of false or misleading information to influence prices
• Wash Trading: Simultaneously or near-simultaneously buying and selling the same asset to create a misleading appearance of active trading or to generate artificial volume
• Spoofing: Placing orders with the intent to cancel them before execution to create a false impression of supply or demand
• Layering: Placing multiple orders at different price levels with the intent to cancel them before execution, designed to move the price of an asset in a desired direction
• Front-Running: Trading ahead of a large known order to profit from the anticipated price movement
• Quote Stuffing: Rapidly placing and canceling orders to create latency and gain an unfair advantage
• Money Laundering and Terrorist Financing: Using the Services to launder money, finance terrorism, or engage in any activity prohibited by applicable AML/CTF laws
• Fraud: Engaging in any fraudulent activity, including identity theft, phishing, social engineering, chargeback fraud, or the use of stolen financial instruments
• Circumventing Controls: Using VPNs, proxies, Tor, or any other methods to circumvent jurisdictional restrictions, access controls, or security measures implemented by XEX
• Unauthorized Automated Access: Using bots, scrapers, spiders, crawlers, or other automated means to access the Services except through XEX's officially provided APIs and in compliance with the API Terms of Service
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works of any content, software, or materials owned by XEX
• System Interference: Attempting to interfere with, compromise, or disrupt the integrity, security, or performance of the Platform, including denial of service attacks, SQL injection, or exploiting vulnerabilities
• Insider Trading: Trading on material non-public information relating to any digital asset listed on the Platform
• Sanctions Evasion: Using the Services to evade or circumvent any applicable sanctions laws or regulations
• Abusive Trading Practices: Exploiting system errors, latency issues, price feed discrepancies, or other technical vulnerabilities to gain an unfair advantage
• Facilitating Illegal Activity: Using the Services to facilitate any illegal activity, including but not limited to tax evasion, fraud, extortion, ransom payments, or the purchase of illegal goods or services

XEX reserves the right, in its sole and absolute discretion, to determine whether any activity constitutes a violation of this Section and to take appropriate action, including but not limited to the reversal of trades, confiscation of profits derived from prohibited activities, account suspension or termination, and reporting to relevant authorities.

6. Trading Rules and Order Execution

6.1 Order Types

XEX may offer various order types including, but not limited to, market orders, limit orders, stop-loss orders, stop-limit orders, trailing stop orders, take-profit orders, iceberg orders, and time-weighted average price (TWAP) orders. The availability of specific order types may vary by trading pair, market, and product. XEX reserves the right to add, modify, or remove order types at any time without prior notice.

6.2 Matching Engine

All orders are processed by XEX's electronic matching engine on a price-time-priority basis unless otherwise specified for a particular market or order type. While XEX endeavors to provide a reliable and efficient matching engine, XEX does not guarantee the uninterrupted or error-free operation of the matching engine.

6.3 No Guarantee of Execution

XEX does not guarantee that any order will be executed, in whole or in part, at any particular price or within any particular timeframe. Market orders are executed at the best available price at the time of execution, which may differ significantly from the price displayed at the time of order placement, particularly during periods of high volatility, low liquidity, or rapid price movements. Limit orders may not be executed if the market price does not reach the specified limit price. Stop orders are triggered when the market price reaches the specified trigger price, but the actual execution price may differ significantly from the trigger price.

6.4 Price Improvement and Slippage

Orders may be subject to slippage, meaning the execution price may be worse than the price at the time of order submission. Conversely, orders may receive price improvement where the execution price is better than expected. You acknowledge and accept the risk of slippage as an inherent characteristic of electronic trading.

6.5 Trade Cancellations and Corrections

XEX reserves the right to cancel, reverse, or amend any trade that XEX determines, in its sole discretion, was executed as a result of a system error, erroneous price feed, market manipulation, or any other irregular or unauthorized activity. Such cancellations or corrections may be applied retroactively and without prior notice. XEX shall have no liability to you for any losses, damages, or missed opportunities resulting from such trade cancellations or corrections.

6.6 Circuit Breakers and Trading Halts

XEX may implement circuit breakers, trading halts, or other risk management mechanisms that temporarily suspend trading in one or more markets or assets. These mechanisms may be triggered automatically or activated manually by XEX in response to abnormal market conditions, excessive volatility, suspicious activity, or other factors. XEX shall not be liable for any losses resulting from such trading interruptions.

7. Fees, Charges, and Payment

7.1 Fee Schedule

The current schedule of fees applicable to the Services is published on the Platform's fee schedule page. Fees may include, but are not limited to, trading fees (maker and taker fees), withdrawal fees, deposit fees, network transaction fees, conversion fees, margin interest, funding rates, liquidation penalties, and any other charges as described on the fee schedule page.

7.2 Right to Modify Fees

XEX reserves the right to modify, introduce, or discontinue any fees at any time by updating the fee schedule on the Platform. While XEX will endeavor to provide advance notice of material fee changes, such notice is not guaranteed. Your continued use of the Services after any fee change constitutes your acceptance of the modified fee schedule.

7.3 Fee Collection

Fees are automatically deducted from your account at the time of the relevant transaction. By using the Services, you authorize XEX to deduct all applicable fees from your account balance. If your account balance is insufficient to cover applicable fees, XEX may reject the transaction, deduct fees from other balances in your account (including converting assets if necessary), or carry a negative balance on your account which you will be obligated to repay immediately.

7.4 No Refunds

Unless expressly required by applicable law or provided at XEX's sole discretion, all fees and charges are non-refundable. This includes, but is not limited to, situations where transactions are delayed, fail due to network congestion, or result in losses.

8. Deposits and Withdrawals

8.1 Deposits

You may deposit supported digital assets and, where available, fiat currencies into your XEX account using the methods provided on the Platform. You are solely responsible for ensuring that deposits are sent to the correct deposit address and using the correct network and blockchain. XEX shall not be liable for any loss of funds resulting from deposits sent to incorrect addresses, unsupported networks, or incompatible token standards.

8.2 Processing Times

Deposits are typically credited to your account after the required number of network confirmations, which varies by blockchain network. Fiat deposits are processed subject to the processing times of the applicable payment provider and banking system. XEX does not guarantee specific deposit or withdrawal processing times and shall not be liable for any delays caused by network congestion, payment provider delays, bank processing times, or compliance review processes.

8.3 Minimum Amounts

Minimum deposit and withdrawal amounts apply and are published on the Platform. Deposits below the minimum threshold may not be credited and may be unrecoverable. Withdrawal requests below the minimum threshold will be rejected.

8.4 Network Fees

Blockchain network fees (gas fees, miner fees, or equivalent) are charged in addition to any XEX withdrawal fees. Network fees are variable and determined by current network conditions. XEX reserves the right to adjust withdrawal fees to reflect changes in network conditions.

8.5 Right to Delay or Refuse

XEX reserves the right to delay, suspend, or refuse any deposit or withdrawal for any reason, including but not limited to: compliance review, suspected fraudulent activity, AML/CTF screening, security concerns, technical issues, unusual transaction patterns, or pending identity verification. XEX shall have no liability for any losses, damages, or opportunity costs arising from such delays, suspensions, or refusals.

9. Margin, Leverage, and Liquidation

9.1 Margin Trading

XEX may offer margin trading services that allow you to trade with borrowed funds using leverage. Margin trading involves a high degree of risk and is not suitable for all users. Before engaging in margin trading, you should carefully consider your financial situation, risk tolerance, and experience level. Losses from margin trading can exceed your initial deposit, and you may be required to deposit additional funds to cover losses.

9.2 Leverage Limits

Maximum available leverage varies by trading pair, market conditions, account verification level, and your risk profile. XEX reserves the right to modify the maximum available leverage for any trading pair or for any individual User at any time, including reducing leverage on open positions, without prior notice.

9.3 Margin Calls and Auto-Liquidation

If the equity in your margin account falls below the maintenance margin requirement, your positions may be partially or fully liquidated automatically by the Platform's risk management system without prior notice. While XEX may attempt to send margin call notifications, XEX is under no obligation to do so, and failure to receive or act upon a notification does not affect XEX's right to liquidate your positions. The liquidation price and the order in which positions are liquidated are determined by XEX's risk engine in its sole discretion.

9.4 Losses Exceeding Deposit

You acknowledge and agree that your losses from margin trading may exceed the amount of your initial deposit and that you are liable for any deficit balance in your account. If liquidation of your positions results in a negative account balance, you are obligated to immediately deposit sufficient funds to cover the deficit. XEX reserves the right to pursue collection of any deficit balance through all available legal means.

9.5 Funding Rates

Perpetual contracts and certain margin positions are subject to periodic funding rate payments. Funding rates are variable and may change rapidly. You are responsible for monitoring applicable funding rates and understanding their impact on your positions.

10. Futures, Options, and Derivatives

10.1 High-Risk Products

Futures, options, perpetual contracts, and other derivative products offered by XEX are complex financial instruments that carry a high level of risk. Trading in derivatives is not suitable for all Users. You should not trade derivatives unless you fully understand the nature of the transactions you are entering into, the extent of your exposure to risk, and the potential for loss. The risk of loss in trading derivatives can be substantial and may exceed the value of your account.

10.2 Settlement and Expiry

Futures and options contracts are subject to settlement and expiry rules as specified in the applicable contract specifications published on the Platform. Settlement may be cash-settled or physically settled depending on the contract type. You are solely responsible for understanding the settlement mechanism applicable to any contract you trade and for managing your positions accordingly, including closing or rolling positions prior to expiry if desired.

10.3 Auto-Exercise Rules

Options contracts that are in-the-money at expiry may be automatically exercised in accordance with the auto-exercise rules published on the Platform. You are responsible for understanding these rules and for closing any positions you do not wish to have exercised prior to the auto-exercise deadline. XEX shall not be liable for any losses resulting from the automatic exercise of options contracts.

10.4 Position Limits

XEX may impose position limits, open interest limits, or order size limits on derivative contracts. These limits may vary by contract, by User, and by market conditions, and may be changed without prior notice. Positions that exceed applicable limits may be partially or fully liquidated by XEX without prior notice.

11. Staking and Earn Products

11.1 No Guaranteed Returns

XEX may offer staking, lending, liquidity provision, and other yield-generating products ("Earn Products"). The annual percentage yield (APY) or other return metrics displayed for Earn Products are estimates based on current conditions and are subject to change at any time. XEX does not guarantee any specific rate of return, and actual returns may be lower than estimated returns, including the possibility of zero or negative returns.

11.2 Slashing Risk

For proof-of-stake staking products, your staked assets may be subject to slashing penalties imposed by the underlying blockchain protocol if the validator to which your assets are delegated acts maliciously or experiences technical failures. XEX shall not be liable for any losses resulting from slashing events, regardless of the cause.

11.3 Lock-Up Periods

Certain Earn Products require you to lock your assets for a specified period ("Lock-Up Period"), during which you will be unable to withdraw, trade, or otherwise access the locked assets. Early withdrawal from locked products may be subject to penalties, including forfeiture of accrued rewards. XEX does not guarantee the availability of early withdrawal and reserves the right to change lock-up terms.

11.4 Counterparty and Protocol Risk

Earn Products may involve exposure to counterparty risk, smart contract risk, protocol risk, and other risks inherent to decentralized finance. You acknowledge that these risks could result in the partial or total loss of your assets and that XEX makes no representations or warranties regarding the security, reliability, or performance of any underlying protocol or counterparty.

12. P2P Trading Rules

12.1 Peer-to-Peer Marketplace

XEX may provide a peer-to-peer (P2P) trading platform that facilitates direct transactions between Users. XEX acts solely as a technology platform and escrow facilitator for P2P trades and is not a party to any P2P transaction between Users.

12.2 Escrow Service

When a P2P trade is initiated, the seller's digital assets are held in escrow by XEX until the trade is completed or disputed. The release of escrowed assets is subject to confirmation of payment receipt by the seller or resolution of any dispute by XEX's P2P dispute resolution team.

12.3 User Responsibility

You are solely responsible for verifying the identity and credibility of your P2P trading counterparty, confirming receipt of payment through your own payment channels, and complying with all applicable laws regarding peer-to-peer transactions in your jurisdiction. XEX does not verify or guarantee the identity, credibility, or good faith of any P2P trading counterparty.

12.4 Fraud Prevention

You agree not to engage in any fraudulent activities in connection with P2P trades, including but not limited to filing false payment confirmations, initiating chargebacks or payment reversals after receiving digital assets, using stolen payment methods, or engaging in triangulation fraud. Violation of this provision will result in immediate account termination and may be reported to law enforcement authorities.

12.5 P2P Dispute Resolution

In the event of a P2P trade dispute, XEX may, at its sole discretion, investigate and resolve the dispute. XEX's decision in any P2P dispute shall be final and binding on all parties. XEX reserves the right to release or return escrowed funds based on the evidence available and shall not be liable for any losses arising from dispute resolution decisions.

13. Copy Trading Terms

13.1 Nature of Copy Trading

XEX may offer a copy trading feature that allows Users ("Followers") to automatically replicate the trading activities of other Users ("Lead Traders"). Copy trading is provided as a convenience feature only and does not constitute investment advice, portfolio management, or a recommendation to trade.

13.2 No Guarantee of Profit

Past performance of a Lead Trader is not indicative of future results. There is no guarantee that following any Lead Trader will result in profits. You may incur substantial losses from copy trading, including losses exceeding your initial investment when using leveraged products. Lead Trader performance metrics and statistics displayed on the Platform are for informational purposes only and are not verified by XEX.

13.3 Follower Responsibility

As a Follower, you are solely and fully responsible for your decision to follow any Lead Trader and for all trades executed in your account as a result of copy trading. You are responsible for setting appropriate risk parameters, including stop-loss levels, maximum investment amounts, and leverage limits. XEX does not evaluate, endorse, or recommend any Lead Trader.

13.4 Lead Trader Obligations

Lead Traders are not registered investment advisors, portfolio managers, or fiduciaries. Lead Traders have no duty of care or fiduciary obligation to their Followers. Lead Traders may trade for their own accounts in a manner inconsistent with the trades replicated by Followers.

14. Trading Bots and Automated Strategies

14.1 Automated Trading

XEX may offer automated trading tools, including grid bots, dollar-cost averaging (DCA) bots, arbitrage bots, and other algorithmic trading strategies ("Trading Bots"). Trading Bots are tools that execute trades based on predefined parameters set by the User.

14.2 User Responsibility for Bot Behavior

You are solely and fully responsible for the configuration, operation, and performance of any Trading Bot used in connection with your account. You are responsible for setting appropriate parameters, monitoring bot activity, ensuring sufficient account balance, and understanding the risks associated with automated trading. XEX does not guarantee the profitability or performance of any Trading Bot.

14.3 No Guarantee of Performance

Backtesting results and historical simulations are not indicative of future performance. Market conditions, liquidity, fees, slippage, and other factors may cause actual results to differ materially from backtested or simulated results. You acknowledge that Trading Bots may malfunction, execute unintended trades, or fail to execute trades due to market conditions, system issues, or other factors, and that XEX shall not be liable for any losses resulting therefrom.

14.4 Third-Party Bots and APIs

If you connect third-party trading software to your XEX account via API, you do so at your own risk. XEX is not responsible for the actions, security, performance, or reliability of any third-party software connected to your account. You are fully liable for all trades and actions executed by third-party software using your API keys.

15. Fiat Currency Services

15.1 Third-Party Payment Providers

Fiat currency deposit and withdrawal services are provided by third-party payment processors, banks, and electronic money institutions ("Payment Providers"). XEX does not directly hold, custody, or transmit fiat currencies. Your use of fiat currency services is subject to the terms and conditions of the applicable Payment Provider in addition to these Terms.

15.2 Compliance Requirements

Fiat currency services may require additional identity verification and may be subject to additional restrictions based on your jurisdiction, the Payment Provider's policies, and applicable regulations. Certain fiat currencies, payment methods, and jurisdictions may not be supported.

15.3 Processing Times and Limitations

Fiat currency transactions are subject to the processing times, fees, and limitations of the applicable Payment Provider and banking system. XEX does not control and is not responsible for delays, errors, or failures in fiat currency processing caused by Payment Providers, banks, or other intermediaries. Transaction limits may apply and may vary based on your verification level, jurisdiction, and the Payment Provider.

15.4 Currency Conversion

Currency conversion rates applied to fiat transactions are determined by XEX or the applicable Payment Provider and may include a spread or markup. Exchange rates are indicative and may change between the time of order placement and execution.

16. Real World Asset (RWA) Tokenization Terms

16.1 Nature of RWA Tokens

XEX may offer tokenized representations of real-world assets ("RWA Tokens"), including but not limited to tokenized equities, bonds, treasuries, real estate interests, commodities, and other financial instruments. RWA Tokens represent beneficial interests in the underlying assets and do not constitute direct ownership of the underlying assets. Ownership of the underlying assets is typically held by a special purpose vehicle (SPV), trust, or other legal structure, and your rights are limited to the beneficial interests represented by the tokens as defined in the applicable offering documents.

16.2 SPV Structures

RWA Tokens are issued through SPVs or equivalent legal entities that hold the underlying assets. The governance, operation, and dissolution of SPVs are governed by the applicable organizational documents and the laws of the jurisdiction in which the SPV is formed. XEX may not be the operator of the SPV and may have limited control over SPV operations.

16.3 Regulatory Compliance

RWA Tokens may be classified as securities, financial instruments, or other regulated products in certain jurisdictions. The availability of RWA Tokens may be limited based on your jurisdiction and regulatory status. It is your sole responsibility to determine whether the purchase, sale, or holding of any RWA Token is lawful in your jurisdiction.

16.4 Accredited Investor Requirements

Certain RWA Tokens may only be available to accredited investors, qualified purchasers, professional investors, or equivalent categories as defined by applicable securities laws. By purchasing such RWA Tokens, you represent and warrant that you meet the applicable investor qualification requirements and that you have reviewed and understood the relevant offering documents, risk disclosures, and regulatory notices.

16.5 Asset-Specific Risks

RWA Tokens are subject to risks specific to the underlying asset class, including but not limited to market risk, credit risk, interest rate risk, liquidity risk, counterparty risk, regulatory risk, and the risk of total loss of value. The value of RWA Tokens may not closely track the value of the underlying assets due to liquidity constraints, market conditions, or structural factors.

17. Referral Program Terms

17.1 Referral Program

XEX may offer a referral program that rewards Users ("Referrers") for referring new Users ("Referees") to the Platform. The specific terms, reward structure, commission rates, and eligibility criteria of the referral program are published on the Platform and are incorporated into these Terms by reference.

17.2 Reward Structure

Referral rewards may include trading fee commissions, bonus credits, or other incentives as specified by the referral program terms. Reward rates may vary based on the Referrer's tier, trading volume, and other factors. Rewards are calculated and distributed in accordance with the referral program terms published on the Platform.

17.3 Abuse Prevention

XEX reserves the right to disqualify any Referrer, void referral rewards, and terminate accounts engaged in referral abuse, including but not limited to:

• Self-referrals or referring accounts controlled by the same person or entity
• Creating fake or fraudulent accounts for the purpose of generating referral rewards
• Using spam, unsolicited communications, or misleading advertising to generate referrals
• Exploiting referral program mechanics through wash trading or other artificial activity
• Any other activity that XEX determines, in its sole discretion, constitutes referral abuse

17.4 Right to Modify or Terminate

XEX reserves the right to modify, suspend, or terminate the referral program, or any aspect thereof, at any time and without prior notice. Accrued but unpaid referral rewards may be forfeited upon termination of the program or a User's account. XEX's determination of referral eligibility, reward calculations, and abuse determinations shall be final and binding.

18. Intellectual Property Rights

18.1 XEX Intellectual Property

All intellectual property rights in and to the Services, including but not limited to the Platform, software, source code, algorithms, matching engine, trading infrastructure, user interface, user experience, design, graphics, logos, trademarks, trade names, service marks, domain names, content, text, data compilations, documentation, and all other proprietary materials (collectively, "XEX IP"), are and shall remain the exclusive property of XEX and its licensors. Nothing in these Terms grants you any ownership interest in the XEX IP.

18.2 Limited License

Subject to your compliance with these Terms, XEX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use (or authorized commercial use in the case of institutional accounts). This license does not include any right to:

• Copy, modify, distribute, or create derivative works based on the XEX IP
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in the Services
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use any automated means to scrape, crawl, or extract data from the Platform except through officially provided APIs
• Use the XEX IP for benchmarking, competitive analysis, or to develop a competing product or service

18.3 User Content

By submitting any content to the Platform (including but not limited to usernames, profile information, reviews, and community posts), you grant XEX a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or later developed.

19. Privacy and Data Protection

19.1 Privacy Policy

Your use of the Services is subject to XEX's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how XEX collects, uses, shares, retains, and protects your personal data. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

19.2 Consent to Data Processing

By using the Services, you consent to the collection, processing, storage, and transfer of your personal data as described in the Privacy Policy, including:

• The transfer of your personal data to jurisdictions outside your country of residence, including to countries that may not provide the same level of data protection as your home jurisdiction
• The use of your trading data and transaction history for compliance, risk management, and product improvement purposes
• The sharing of your information with third-party service providers, regulatory authorities, and law enforcement agencies as required by applicable law or as reasonably necessary for the provision of the Services
• The use of cookies, analytics tools, and tracking technologies as described in the Cookie Policy

19.3 Data Retention

XEX retains your personal data and account records for as long as necessary to provide the Services, comply with legal and regulatory obligations, resolve disputes, and enforce these Terms. Certain data may be retained for extended periods as required by applicable AML/CTF laws and regulations, even after your account is closed or terminated.

20. Risk Acknowledgement and Disclaimers

20.1 General Risk Warning

Trading in digital assets, cryptocurrencies, and derivatives involves significant risk and may not be suitable for all persons. The value of digital assets can be extremely volatile and may fluctuate significantly in a short period of time. You may lose some or all of your investment. Past performance is not indicative of future results.

20.2 No Investment Advice

XEX does not provide investment advice, financial advice, tax advice, legal advice, or any other form of professional advice. Any information provided on the Platform, including market data, research, analysis, educational content, and trading tools, is for informational purposes only and should not be construed as a recommendation or solicitation to buy, sell, or hold any digital asset. You are solely responsible for making your own investment decisions and should consult with qualified professional advisors before making any investment.

20.3 Specific Risk Factors

Without limiting the generality of the foregoing, you acknowledge the following risks:

• Market Risk: Digital asset prices are highly volatile and may be affected by factors including market sentiment, technological developments, regulatory changes, macroeconomic conditions, and manipulation
• Regulatory Risk: The regulatory status of digital assets and blockchain technology is uncertain and evolving. Changes in law or regulation may adversely affect the use, transfer, exchange, or value of digital assets
• Technology Risk: Digital assets rely on blockchain technology, which may be subject to bugs, vulnerabilities, hacks, consensus failures, or protocol changes that could result in loss of assets
• Liquidity Risk: Certain digital assets may have limited liquidity, making it difficult to buy or sell at desired prices or in desired quantities
• Counterparty Risk: You may be exposed to the risk of default by trading counterparties, Payment Providers, custodians, or other third parties
• Cybersecurity Risk: Despite security measures, the Platform and your account may be vulnerable to cyberattacks, unauthorized access, or other security breaches
• Fork Risk: Blockchain networks may undergo forks (hard forks or soft forks) that may result in the creation of new tokens or changes to existing tokens. XEX is under no obligation to support any forked tokens
• Smart Contract Risk: Digital assets and DeFi protocols may be governed by smart contracts that could contain bugs, vulnerabilities, or unintended behaviors
• Stablecoin Risk: Stablecoins may lose their peg to the underlying reference asset, and their issuer may become insolvent or unable to redeem tokens for the underlying asset

20.4 Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, OR COMPLETENESS. XEX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XEX DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY DATA, CONTENT, OR INFORMATION PROVIDED THROUGH THE SERVICES.

21. Limitation of Liability

21.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XEX, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "XEX PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE), EVEN IF THE XEX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE XEX PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO XEX DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

21.3 Specific Exclusions

Without limiting the foregoing, the XEX Parties shall have no liability whatsoever for losses or damages arising from:

• Market movements, price fluctuations, or trading losses of any kind
• Errors, delays, or interruptions in the Services, including matching engine failures, API outages, or price feed inaccuracies
• Unauthorized access to your account resulting from your failure to maintain adequate security measures
• Actions or omissions of third parties, including Payment Providers, blockchain networks, custodians, and other service providers
• Changes in applicable laws, regulations, or regulatory guidance
• Liquidation of margin positions, whether automatic or manual
• Failure to execute, delay in executing, or partial execution of orders
• Token delistings, blockchain forks, network outages, or protocol changes
• Losses resulting from any Force Majeure Event (as defined below)
• Losses arising from your failure to comply with these Terms
• Any tax obligations, penalties, or liabilities incurred by you

21.4 Essential Basis of Agreement

You acknowledge that the limitations of liability set forth in this Section are an essential basis of the bargain between you and XEX and that XEX would not offer the Services to you without these limitations. The limitations in this Section shall apply notwithstanding any failure of essential purpose of any limited remedy.

22. Indemnification

You agree to indemnify, defend, and hold harmless the XEX Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of or access to the Services
• Your breach of these Terms or any Supplemental Terms
• Your violation of any applicable law, regulation, or third-party right
• Any content you submit to the Platform
• Your trading activity, including any disputes with other Users
• Any claim that your use of the Services caused damage to a third party
• Your negligence, willful misconduct, or fraud
• Any tax obligations, penalties, or liabilities arising from your use of the Services
• Any regulatory investigation, enforcement action, or proceeding arising from your use of the Services

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services. XEX reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with XEX in asserting any available defenses. You agree not to settle any matter without the prior written consent of XEX.

23. Force Majeure

XEX shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond XEX's reasonable control ("Force Majeure Event"), including but not limited to:

• Natural disasters, earthquakes, floods, hurricanes, tsunamis, volcanic eruptions, wildfires, or other acts of nature
• Epidemics, pandemics, quarantine restrictions, or public health emergencies
• War, armed conflict, terrorism, insurrection, civil unrest, riots, or revolution
• Government actions, sanctions, embargoes, trade restrictions, or regulatory changes
• Cyberattacks, distributed denial-of-service (DDoS) attacks, hacking, malware, ransomware, or other cybersecurity incidents
• Blockchain network congestion, consensus failures, 51% attacks, protocol bugs, or network forks
• Failure of internet service providers, telecommunications networks, data centers, cloud service providers, or other critical infrastructure
• Power outages, equipment failures, or hardware malfunctions
• Changes in applicable laws, regulations, or regulatory guidance that affect the provision of the Services
• Market disruptions, extreme volatility, flash crashes, or cascading liquidation events
• Failure or insolvency of banks, payment processors, custodians, or other financial intermediaries
• Strikes, lockouts, labor disputes, or workforce shortages
• Any other event beyond the reasonable control of XEX

During a Force Majeure Event, XEX's obligations under these Terms are suspended for the duration of the event. XEX will use commercially reasonable efforts to resume normal operations as soon as practicable but shall have no liability for any losses, damages, or opportunity costs arising during or as a result of a Force Majeure Event.

24. System Downtime and Maintenance

24.1 Scheduled Maintenance

XEX may perform scheduled maintenance on the Platform from time to time, during which the Services may be partially or fully unavailable. While XEX will endeavor to provide advance notice of scheduled maintenance through Platform announcements, email, or other communication channels, such notice is not guaranteed.

24.2 Emergency Maintenance

XEX reserves the right to perform emergency maintenance at any time and without prior notice when XEX determines, in its sole discretion, that immediate action is necessary to address security vulnerabilities, system instability, data integrity issues, or other critical matters.

24.3 No Liability for Downtime

XEX shall not be liable for any losses, damages, missed trading opportunities, or any other consequences resulting from scheduled or unscheduled downtime, maintenance windows, system upgrades, or service interruptions, regardless of the cause or duration of such downtime. You acknowledge that downtime is an inherent risk of using any online platform and agree to maintain appropriate risk management practices, including the use of stop-loss orders and diversification across platforms.

25. Dispute Resolution and Mandatory Arbitration

25.1 Pre-Arbitration Negotiation

Before initiating any arbitration proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") through good-faith negotiation by sending written notice of the Dispute to XEX via the contact information published on the Platform. The notice must include your name, account information, a detailed description of the Dispute, and the specific relief sought. The parties shall attempt to resolve the Dispute through negotiation for a period of sixty (60) calendar days from the date of receipt of the notice.

25.2 Binding Arbitration

IF A DISPUTE IS NOT RESOLVED THROUGH THE PRE-ARBITRATION NEGOTIATION PROCESS, YOU AND XEX AGREE THAT THE DISPUTE SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE INTERNATIONAL CHAMBER OF COMMERCE (ICC) IN ACCORDANCE WITH ITS THEN-CURRENT RULES OF ARBITRATION. The arbitration shall be conducted by a single arbitrator appointed in accordance with the ICC Rules. The seat and place of arbitration shall be determined by XEX. The language of the arbitration shall be English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

25.3 Individual Basis Only

All Disputes shall be resolved on an individual basis only. You agree that you will not seek to have any Dispute heard as a class action, collective action, representative action, or private attorney general action. The arbitrator shall have no authority to preside over any form of class, collective, or representative proceeding, to combine or consolidate claims from different parties, or to award class-wide or collective relief.

25.4 Costs and Fees

Each party shall bear its own costs and fees associated with the arbitration, including legal fees. The arbitration filing fees, administrative fees, and arbitrator fees shall be allocated in accordance with the ICC Rules. If the arbitrator finds that your Dispute was frivolous or brought in bad faith, you agree to reimburse XEX for all costs and fees incurred, including reasonable attorneys' fees.

25.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, trade secrets, or confidential information. XEX may also bring a claim in any court of competent jurisdiction to collect any amounts owed by you to XEX.

26. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND XEX EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions in Section 25 shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. In such event, any Dispute shall be resolved exclusively by the courts specified in Section 27.

27. Governing Law and Jurisdiction

These Terms and any Dispute arising out of or in connection with these Terms or the Services shall be governed by and construed in accordance with the laws of the Republic of Costa Rica, without regard to its conflict of laws principles. Any Dispute that is not subject to arbitration under Section 25 shall be resolved exclusively in the courts of the Republic of Costa Rica, and you irrevocably submit to the exclusive jurisdiction of such courts for such purposes.

You waive any objection to the jurisdiction of the courts of Costa Rica, including any objection based on inconvenient forum, lack of personal jurisdiction, or similar grounds. You agree that service of process may be effected by any means permitted by the applicable rules of such courts, or by certified mail, return receipt requested, or by electronic mail to the email address associated with your account.

28. Modification of Terms

XEX reserves the right to modify, amend, supplement, or replace these Terms at any time and in its sole discretion. When changes are made, the updated Terms will be posted on the Platform with a revised "Last Updated" date. XEX may, but is not obligated to, provide additional notice of material changes through email, in-app notifications, or Platform announcements.

Your continued access to or use of the Services after the posting of any modifications constitutes your binding acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately discontinue your use of the Services and close your account. It is your sole responsibility to review these Terms periodically for changes. Certain changes may require your explicit consent, which may be obtained through a click-through acceptance mechanism on the Platform.

29. Account Suspension and Termination

29.1 Suspension and Termination by XEX

XEX reserves the right to suspend, restrict, or terminate your account and your access to the Services at any time, with or without prior notice, and with or without cause, including but not limited to:

• Breach or suspected breach of these Terms or any Supplemental Terms
• Engagement in or suspected engagement in prohibited activities
• Failure to complete or pass identity verification requirements
• Receipt of a subpoena, court order, or regulatory directive
• Suspicion of fraud, money laundering, terrorist financing, or other illegal activity
• Dormant or inactive accounts (no activity for an extended period)
• Technical or security reasons, including to protect the Platform or other Users
• Change in applicable laws, regulations, or regulatory guidance
• Any other reason that XEX determines, in its sole discretion, is necessary or appropriate

29.2 Effects of Termination

Upon termination of your account: (a) your right to access and use the Services is immediately revoked; (b) any open orders will be canceled; (c) any open positions may be closed by XEX at the then-current market price; (d) you will remain liable for all fees, charges, and obligations accrued prior to termination; and (e) XEX may retain your account information and data as required by applicable law and these Terms.

29.3 Withdrawal of Remaining Funds

Following termination, you may request withdrawal of any remaining eligible funds in your account, subject to: (a) completion of any pending compliance reviews; (b) deduction of any outstanding fees, charges, or amounts owed to XEX; (c) satisfaction of all applicable legal and regulatory requirements; and (d) any applicable holding period. XEX reserves the right to freeze funds where required by law, regulation, or regulatory directive, and to withhold funds pending investigation of suspected violations.

29.4 Termination by User

You may terminate your account at any time by following the account closure procedure on the Platform or by contacting XEX support. Account closure is subject to the completion of any pending transactions, resolution of any disputes, and satisfaction of all outstanding obligations under these Terms.

30. Survival Clauses

The following Sections shall survive the termination or expiration of these Terms and your use of the Services: Section 5 (Permitted and Prohibited Activities), Section 7 (Fees, Charges, and Payment), Section 18 (Intellectual Property Rights), Section 19 (Privacy and Data Protection), Section 20 (Risk Acknowledgement and Disclaimers), Section 21 (Limitation of Liability), Section 22 (Indemnification), Section 25 (Dispute Resolution and Mandatory Arbitration), Section 26 (Class Action Waiver), Section 27 (Governing Law and Jurisdiction), Section 30 (Survival Clauses), Section 31 (Severability), Section 32 (Entire Agreement), Section 33 (No Waiver), Section 34 (Assignment), Section 36 (Tax Obligations), and any other provisions that by their nature are intended to survive termination.

31. Severability

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision to the maximum extent possible. If the provision cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision in a particular jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction, nor shall it affect the validity or enforceability of the remaining provisions of these Terms.

32. Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Risk Disclosure Statement, AML/KYC Policy, and all other Supplemental Terms incorporated herein by reference, constitute the entire agreement between you and XEX with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. No representation, promise, inducement, or statement of intention has been made by any party that is not embodied in these Terms or the Supplemental Terms, and no party shall be bound by or liable for any alleged representation, promise, inducement, or statement of intention not set forth herein.

33. No Waiver

The failure of XEX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by XEX of any breach of these Terms shall be deemed a waiver of any subsequent or prior breach. Any waiver by XEX must be in writing and signed by an authorized representative of XEX to be effective. A waiver granted on one occasion shall not be construed as a continuing waiver or a waiver of any other right or provision. The rights and remedies of XEX under these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

34. Assignment

XEX may assign, transfer, delegate, or otherwise dispose of its rights and obligations under these Terms, in whole or in part, at any time and without your consent or prior notice, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. You may not assign, transfer, delegate, or otherwise dispose of your rights or obligations under these Terms, in whole or in part, without the prior written consent of XEX. Any purported assignment by you in violation of this Section shall be null and void. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

35. Third-Party Services Disclaimer

The Platform may contain links, integrations, or references to third-party websites, applications, services, or content ("Third-Party Services"), including but not limited to Payment Providers, blockchain explorers, wallet providers, analytics platforms, KYC verification providers, and market data providers.

XEX does not endorse, control, or assume any responsibility for any Third-Party Services. Your use of any Third-Party Services is at your sole risk and is subject to the terms and conditions of the applicable third party. XEX shall not be liable for any loss or damage caused by, or in connection with, the use of or reliance on any Third-Party Services. You acknowledge that Third-Party Services may access your account information, trading data, or personal data to the extent you authorize, and XEX is not responsible for the data practices of Third-Party Services.

36. Tax Obligations

You are solely and exclusively responsible for determining, calculating, reporting, and paying all taxes, duties, levies, or assessments that may be applicable to your use of the Services, including but not limited to income tax, capital gains tax, value-added tax (VAT), goods and services tax (GST), withholding tax, and any other taxes imposed by any national, state, provincial, or local tax authority in your jurisdiction of residence or any other relevant jurisdiction.

XEX does not provide tax advice and makes no representations regarding the tax implications of any transactions conducted through the Services. You agree to consult with a qualified tax professional regarding your tax obligations. XEX may be required by applicable law to report certain information about your account and transactions to tax authorities, and you consent to such reporting. XEX shall not be liable for any tax obligations, penalties, interest, or other amounts owed by you to any tax authority.

37. Communication and Notices

37.1 Electronic Communication Consent

By creating an account and using the Services, you consent to receive electronic communications from XEX, including but not limited to emails, in-app notifications, push notifications, SMS messages, and Platform announcements. You agree that all agreements, notices, disclosures, and other communications that XEX provides to you electronically satisfy any legal requirement that such communications be in writing.

37.2 Notices to You

XEX may provide notices to you by: (a) posting a notice on the Platform; (b) sending an email to the email address associated with your account; (c) sending an in-app notification; (d) sending a push notification to your mobile device; or (e) any other method that XEX reasonably believes will come to your attention. Notices posted on the Platform are effective immediately upon posting. Notices sent by email are deemed received twenty-four (24) hours after sending. It is your sole responsibility to ensure that your contact information is current and accurate and that you regularly check for communications from XEX.

37.3 Notices to XEX

Notices to XEX must be sent through the designated communication channels published on the Platform, unless otherwise specified in these Terms. Notices sent to XEX by any other means may not be received or acknowledged.

37.4 Language

These Terms are drafted in the English language. In the event of any conflict between the English version and any translated version, the English version shall prevail.

38. Electronic Signatures and Consent

You acknowledge and agree that by clicking "I Agree," "Accept," or any similar button or checkbox, or by accessing or using the Services, you are providing your electronic signature and consent to these Terms, which shall have the same legal force, validity, and enforceability as a manually executed signature or a paper-based agreement.

You acknowledge that electronic records, contracts, and signatures may be used in connection with transactions conducted through the Services and that your consent to do business electronically constitutes your agreement under any applicable electronic signature laws, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), the EU Electronic Identification, Authentication and Trust Services Regulation (eIDAS), and any equivalent laws in your jurisdiction.

You have the right to withdraw your consent to receive electronic communications and to transact electronically by closing your account; however, withdrawal of consent may result in the termination of your account and your ability to use the Services.

39. Legal Shield Program

39.1 Program Description

XEX may offer the Legal Shield program ("Legal Shield"), an optional legal services benefit program through which eligible users may access legal services provided by XEX Legal, an independent affiliated law firm. Legal Shield is an optional benefit and is not a core exchange service, insurance product, warranty, or guarantee.

39.2 Separate Terms

The Legal Shield program is governed by separate Legal Shield Terms, which are available at https://xex.to/legal-shield-terms. By participating in the Legal Shield program, you agree to be bound by the Legal Shield Terms in addition to these Terms of Service. In the event of any conflict between the Legal Shield Terms and these Terms of Service with respect to the Legal Shield program, the Legal Shield Terms shall prevail.

39.3 Disclaimer of Liability

XEX expressly disclaims all liability for the acts, omissions, errors, negligence, or malpractice of XEX Legal or any legal professional providing services under the Legal Shield program. XEX does not provide, supervise, direct, or control the provision of legal services. Any attorney-client relationship is solely between the user and XEX Legal and does not involve XEX.

39.4 No Waiver of Terms

Participation in the Legal Shield program does not waive, modify, or limit any provision of these Terms of Service, including without limitation the dispute resolution provisions, limitation of liability, indemnification obligations, and class action waiver set forth herein. The Legal Shield program expressly excludes any claims, disputes, or matters involving XEX, XEX Legal, or their affiliates.

39.5 Program Discontinuation

XEX may modify, suspend, or discontinue the Legal Shield program at any time in its sole discretion, with or without notice. No user shall have any claim against XEX arising from the modification, suspension, or discontinuation of the Legal Shield program.

Contact Information

If you have any questions about these Terms of Service, please contact us through the support channels available on the Platform at https://xex.to.