Terms of Service

Thank you for your interest in XEEX. These Terms of Service and any documents and additional terms incorporated by reference (collectively, these “Terms”) are entered into by and between XEEX Service and any of its subsidiaries or affiliates (collectively, “XEEX,” “we,” “us,” and “our”) and you or the company or other legal entity you represent (“you” or “your”).

Please read these Terms carefully because they govern your use of our website located at https://xeex.ai (the “Website”) and the products, features, content, applications or services we provide (collectively with the Website, the “Services”). These Terms describe your rights and obligations and our disclaimers and limitations of legal liability. By accessing or using our Website or our Services, you accept and agree to be bound by and abide by these Terms, including the mandatory arbitration clause in the Privacy Policy. If you do not agree to these Terms, you may not access or use our Website or Services. Please read the Disclosures and Disclaimers carefully before using any software developed by XEEX:

1. You must be able to enter into legally binding contracts online on behalf of a company or individual. Accordingly, you represent that if you are agreeing to these Terms on behalf of a company or other legal entity, you have the legal authority to bind that company or other legal entity to these Terms and that you are at least 18 years of age (or the legal age of majority in your place of residence, whichever is greater), can enter into legally binding contracts online, and have full right, power, and authority to enter into and comply with the obligations under these Terms. In addition, you represent and warrant that you are not a citizen or resident of a state, country, region, or other jurisdiction that is embargoed by the United States/Singapore/Japan/Hong Kong SAR/Taiwan or where your use of the Site or Services is unlawful or otherwise in violation of any domestic or foreign law, rule, statute, regulation, bylaw, order, protocol, code, statute, or other directive, requirement, or guideline. We reserve the right to modify these Terms at any time in our sole discretion. If we make changes, we will provide you with notice of such changes by sending an email, providing notice through the Site or our Services, or updating the date at the top of these Terms. Unless we state otherwise in the notice, any modifications are effective immediately, and your continued use of the website or our services will confirm that you accept those changes. If you do not agree to the modified terms, you must stop using our services.

2. The services of "XEEX" are public open source software programs deployed on Ethereum, Solana, Base, Binance Smart Chain, and other blockchains, which facilitate peer-to-peer exchanges based on Ethereum, Solana, Base, BNB and other tokens.

The primary purpose of this website is to enable users to access and use XEEX software products, as well as to provide resources and information, including but not limited to developer documentation, product examples and other related services (all of which are included in the definition of "Services").

"XEEX" includes all users, companies, applications, and other devices, services or personnel that interact directly or indirectly on the Ethereum, Solana and Base blockchains in any way.

Some of the Services provided by us or other Participants require payment or otherwise involve the use of an underlying blockchain or other decentralized or permissioned infrastructure (“DLT”), which may require you to pay fees, such as “gas” fees on the Ethereum network, for the computing resources required to execute transactions on the particular DLT (such payments and fees, “Fees”).

You acknowledge and agree that XEEX has no control over any DLT Transactions, the method of payment of any Fees (if applicable), or the actual payment of any Fees (if applicable). Therefore, you must ensure that you have a sufficient balance of the applicable DLT Network Tokens stored in your DLT-compatible wallet address (“DLT Address”) to complete any Transaction before you use the XEEX Application or DLT.

As a condition of accessing or using the Services or the Site, you: (i) will use the Services and the Site only for lawful purposes and in compliance with these Terms; (ii) will ensure that all information you provide on the Site is current, complete and accurate; (iii) will maintain the security and confidentiality of your DLT address; and (iv) agree that (A) no Indemnified Party (defined below) will be liable for any loss or damage arising from any interaction between you and other users of the Site, the Services or the XEEX Network, including any loss of XEEX tokens, any other tokens or other units of value in the future; and (B) no Indemnified Party will be obligated to become involved in the event of a dispute between you and any other Site or other user.

As a condition of accessing or using the Site or Services, you will not: (i) violate any applicable law, including, without limitation, any relevant and applicable anti-money laundering and counter-terrorist financing laws and any relevant and applicable privacy and data collection laws (in each case as they may be amended); (ii) export, re-export or transfer, directly or indirectly, any XEEX Technology in violation of applicable export laws or regulations; (iii) infringe or misappropriate any contract, intellectual property or other third-party right, or commit a tortious act in connection with your use of the Site or Services; (iv) misrepresent the authenticity, source or reliability of any content available on the Site or through the Services; (v) use the Site or Services in any manner that could interfere with, disrupt, negatively impact or inhibit any other user from fully enjoying the Site, Services or the XEEX Network, or in any manner that could damage, disable, overburden or impair the operation of the Site, Services or the XEEX Network; (vi) attempt to circumvent any content filtering technology or security measures employed by XEEX on the Site or Services, or attempt to access any service or area of ​​the Site or Services that you are not authorized to access; (vii) Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or Services or to extract data; (viii) introduce any malware, virus, Trojan horse, worm, logic bomb, freezing device, backdoor, shutdown mechanism or other harmful material to the Site or Services; (ix) post content or communications on the Site or through the Services that we determine in our sole discretion to be libelous, defamatory, profane, obscene, pornographic, sexually explicit, lewd, lascivious, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; (x) post content on the Site or through the Services that contains unsolicited promotional, political campaigning or commercial messages or any chain messages or User Content designed to deceive or defraud users of the Services; or (xi) encourage or induce any third party to engage in any activity prohibited by these Terms.

1. Privacy Policy​ Please refer to our Privacy Policy to learn how we collect, use, share and otherwise process information about you.

2. Changes; Suspension; Termination We may therefore, at our sole discretion, from time to time modify, suspend or temporarily or permanently disable all or part of the Services provided by XEEX, with or without prior notice to you, for any reason, including, but not limited to, due to a security incident.

We are not responsible for any losses you suffer as a result of any modification of any Service or the suspension or termination of your access to all or any part of the Site or Services for any reason.

All of these Terms will survive termination of your access to the Site or Services, regardless of the reason for their expiration or termination, and any other terms that by law or nature should survive.

1. Electronic Notices You consent to receive all communications, agreements, documents, receipts, notices and disclosures from us relating to these Terms or any Service (collectively, our “Communications”) electronically. You agree that we may provide you with our Communications by posting them on the Site or through the Services or by sending you a copy of the email address you provide when using the Services. You should retain a copy of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team to request additional electronic copies of our Communications by submitting a support request to us.

1. Indemnification You will defend, indemnify and hold harmless XEEX, our affiliates and our affiliates’ respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, agents, suppliers, licensors and contractors (collectively, the “Indemnified Parties”) from and against any claim, demand, suit, action, proceeding, investigation, liability, damage, loss, cost or expense, including, without limitation, reasonable attorneys’ fees, arising out of or in connection with your use of or conduct in connection with the Site, the Services, the DLT Assets associated with your DLT Address, any other Digital Assets, any Feedback or Your Content; your breach of these Terms; your violation of applicable laws or regulations; or your infringement or misappropriation of the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, XEEX (or the applicable Indemnified Party in its sole discretion) will have the right, in its sole discretion, to control any action or proceeding and determine whether XEEX wishes to settle and, if so, on what terms.

2. Disclosures; Disclaimers XEEX is primarily an open source software developer. XEEX does not operate a virtual currency or derivatives trading platform, nor does it provide trade execution or clearing services, and therefore has no oversight, involvement, or control over your transactions, including existing or future token purchases and sales.

You are responsible for complying with all laws and regulations applicable to your transactions, including, but not limited to, the Commodity Exchange Act and its regulations promulgated by the U.S. Commodity Futures Trading Commission (“CFTC”), the Bank Secrecy Act and its regulations promulgated by the Financial Crimes Enforcement Network (“FinCEN”), and federal securities laws and their regulations promulgated by the U.S. Securities and Exchange Commission (“SEC”).

You understand that XEEX is registered or licensed with various financial regulatory authorities. The Website and Services do not constitute advice or recommendations regarding any commodity, security, or other asset. XEEX does not act as an investment advisor or commodity trading advisor to anyone.

XEEX cannot modify or control the underlying smart contract code in any way. The ability to modify XEEX smart contracts is managed by the multi-signature wallet currently controlled by XEEX, which is described in more detail here. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. XEEX is not responsible for the operation of the underlying protocols such as Ethereum, and XEEX does not guarantee their functionality, security or availability.

To the maximum extent permitted by applicable law, the Website and Services (and any content or functionality thereof) provided by us or on our behalf are provided on an "as is" and "as available" basis, and we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, statutory, legal or otherwise, or arising by statute, law, course of dealing or usage of trade, including, but not limited to, the implied or statutory warranties and conditions of merchantability, merchantable quality, quality or fitness for a particular purpose, title, security, availability, reliability, accuracy, quiet enjoyment and non-infringement of third party rights. Without limiting the foregoing, we do not represent or warrant that the Website or Services (including any related data) will be uninterrupted, available at any particular time or error-free. In addition, we do not guarantee that errors in the Website or Services are correctable or will be corrected.

You acknowledge that data you obtain on the Site or through the Services may be irreparably lost, corrupted or temporarily unavailable for a variety of reasons and agree that, to the maximum extent permitted by applicable law, we will not be liable for any loss or damage caused by denial of service attacks, software failures, viruses or other technologically harmful material (including material that may infect your computer equipment), changes in agreements by third party providers, Internet outages, force majeure events or other disasters, planned or unplanned maintenance or other causes within or beyond our control.

The disclaimers of implied warranties contained in these Terms may not apply to the extent such warranties cannot be excluded or limited under the applicable law in your jurisdiction.

1. Exclusion of Indirect and Related Damages In no event shall the Company and any Indemnified Party be liable for any incidental, indirect, special, punitive, exemplary, consequential or similar damages or liabilities (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other commercial or financial benefit) arising out of or in connection with the Site, the Services and the XEEX Network (and any of its content and features), the execution or settlement of any transactions, the performance or non-performance of any services, your DLT assets, other digital assets, or any other products, services or other items provided by or on behalf of the Indemnified Parties, whether based on contract, tort (including negligence), civil liability, statute, strict liability, breach of warranty or any other theory of liability, whether or not any Indemnified Party has been advised, knew or should have known of the possibility of such damages, and XEEX shall not be liable in any way for the execution or settlement of transactions between users of the XEEX Open Source Software or the XEEX Network, even if the essential purpose of these Terms fails or any limited remedy is disclaimed.

2. Limitation of Liability In no event shall the aggregate liability of the Indemnified Parties arising out of or in connection with the Site, the Services and the XEEX Network (and any content and features thereof), any performance or non-performance of the Services, your DLT Assets, other digital assets, or any other products, services or other items provided by or on behalf of the Indemnified Parties, whether based on contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability, exceed the amount of fees paid by you to us under these Terms in the twelve (12) months prior to the event giving rise to the claim for liability.

3. Release of Liability To the extent permitted by applicable law, in consideration of being permitted to use the Site, Services and/or XEEX Network, you hereby release and forever discharge the Company and all Indemnified Parties from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death and property damage), whether arising directly or indirectly out of or relating directly or indirectly to the Site, Services and/or XEEX Network (including any interactions with other Sites or XEEX Network users or any third-party services or their acts or omissions). You hereby waive any applicable statutory or regulatory provisions related to the foregoing, which read as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

4. Dispute Resolution and Arbitration​ Please read the following section carefully because it requires you to arbitrate certain disputes and claims with XEEX and limits the ways in which you can seek relief from us unless you opt out of arbitration as described below. In addition, arbitration prohibits you from sue in court or having a jury trial.

You and XEEX agree that any dispute arising out of or related to these Terms or our Services is personal to you and XEEX and that any dispute will be resolved only through individual litigation and not in the form of a class arbitration, class action, or any other type of representative proceeding.

You and XEEX agree that, to the maximum extent permitted by applicable law, the enforceability of this Section 11 will be governed, both substantively and procedurally, by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (the "FAA"). Subject to the limitations of the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the authority to decide issues of arbitrability. The arbitrator may only conduct an individual arbitration and may not consolidate more than one person’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one person.

The arbitrator, XEEX, and you will maintain confidentiality of all arbitration proceedings, judgments, and awards, including, without limitation, all information obtained for the purpose of the arbitration or related to the dispute. Unless otherwise required by law, the arbitrator will have the authority to make an appropriate award to protect confidentiality. The obligation of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct a substantive arbitration hearing, in connection with a request for preliminary relief in court, or a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law. or a judicial decision.

You and XEEX agree that for any arbitration you initiate, you will pay the filing fee and XEEX will pay the remaining AAA fees and costs. For any arbitration initiated by XEEX, XEEX will pay all AAA fees and costs. You and XEEX agree that the courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction over any appeal and enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after the claim arose; otherwise, the claim will be permanently barred, meaning that you and XEEX will not have the right to assert it.

You have the right to opt out of binding arbitration within 30 days of first accepting the terms of this Section 11 by emailing us and opting out. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you agree to resolve disputes in accordance with Section 11.

If any portion of this Section 11 is found to be unenforceable or illegal for any reason, the unenforceable or illegal provision will be severed from this Section, and the severance of the unenforceable or illegal provision will not have any impact on the remainder of this Section 11 or the ability of the parties to compel arbitration of any remaining claims on an individual basis under this Section 11, and if any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction rather than in arbitration, and the parties agree that litigation of such claims will continue until any individual claim is determined in arbitration. In addition, if any portion of this Section 11 is found to prohibit an individual claim from seeking public injunctive relief, such provision will have no impact to the extent that such relief is permitted through arbitration, and the remainder of this Section 11 will be enforceable.

1. Governing Law The interpretation and enforcement of these Terms and any disputes arising out of or relating to these Terms, the Website or the Services will be governed by, construed and enforced in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. You agree that we may bring proceedings relating to the enforcement or validity of our intellectual property rights in any court of competent jurisdiction. For any other proceedings not subject to arbitration under these Terms, the courts located in the Hong Kong Special Administrative Region will have exclusive jurisdiction. You waive any objection to venue in any such courts.

2. Miscellaneous Any right or remedy of XEEX provided in these Terms is in addition to and not in lieu of any other right or remedy provided by these Terms, applicable law, at law or in equity. Our failure or delay in exercising any right, power or privilege under these Terms does not constitute a waiver thereof. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect. We are not responsible for any failure or delay in performance of the Website or any Service, or for any loss or damage you may suffer, caused by any circumstances or events beyond our control, including, without limitation, any flood, extreme weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, governmental action, communications, power failure, or equipment or software failure. You may not assign or transfer any right to use the Website or Services, or any of your rights or obligations under these Terms, including by operation of law or in connection with a change of control, without our prior express written consent. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, without notice or your consent or approval. Section headings are for convenience only and will not be used to limit or interpret such sections. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Website and Services. In the event of a conflict between these Terms and any other agreement you have with us, these Terms will prevail unless the other agreement expressly identifies these Terms and states that the other agreement supersedes these Terms.