Introducing the first DEX integrating Kaspa
Terms and conditions
Last update effective as of January 2024
General Information
These Terms and Conditions (hereinafter "Terms & Conditions'') govern the relationship between XODEX, (hereinafter “XODEX” or "Site"), and any individual or entity (hereinafter "User") who uses the website, and any products, features, and services offered on it (hereinafter “XODEX Services"). These Terms & Conditions do not create any agency, partnership, or joint venture between XODEX and the User. By registering for an account on XODEX or any associated websites, APIs, or mobile applications, the User acknowledges and agrees to the Terms & Conditions, as well as XODEX Privacy Policy and Code of Conduct. XODEX reserves the right to amend and update these Terms & Conditions at any time at its sole discretion. Any revised versions will become effective as of the date and time they are posted on the XODEX Site. Here is an edited version of the text:
1. XODEX SERVICES
XODEX is a decentralized ecosystem built on a blockchain network, using smart contracts (each a "Smart Contract") to enable users to own, buy, sell, transfer, and share unique digital rewards that can be visualised on the XODEX site through the XODEX Apps. The XODEX NODE is a combination of hardware and software that is connected to the XODEX network. It helps support the XODEX Network and confirm transactions for XODEX' network. A XODEX NODE can refer either to the node itself or to a license that allows a user to operate the node. When multiple XODEX NODES are working together, they form the XODEX NODE Network. 1.1 The "XODEX Reward" is a representation of XODEX tokens built on the XODEX platform, website, or app may be able to earn or receive. This reward is recorded on the XODEX protocol and/or the XODEX app and website. When referring to NFTs individually, rather than as part of the XODEX Reward, they are referred to as "Platform Assets." It is important to note that the XODEX Reward is a digital reward and not a security token, and it is not being offered to investors as part of an initial coin offering (ICO). Similar to the digital reward generated from the Bitcoin blockchain (BTC), the XODEX Reward is created through a unique blockchain protocol. Each user who participates in the XODEX chain protocol will receive 100% of their allocated XODEX Reward and any other digital rewards or NFTs deposited in their XODEX app. It is possible that the XODEX Reward, NFTs, and other digital rewards may only have value within the XODEX chain protocol and may not have monetary value on any other blockchain. On the XODEX platform, website, or app, the XODEX Reward, NFTs, and other digital rewards cannot be exchanged for currency. 1.2 XODEX App 1.2.1. XODEX will provide users with the XODEX App, which does not store or facilitate the transfer of NFTs or digital rewards. Instead, these transactions occur directly on the BNBchain blockchain, XODEX netowork or other supported blockchains. Users may also choose to use compatible digital apps or electronic wallets provided by third parties, such as MetaMask, to connect to the BNBchain blockchain and engage in transactions using BNB cryptocurrency. However, XODEX has no control over or liability for these third-party apps or services, including any transaction fees or other issues that may arise. The XODEX App and compatible wallets allow users to send and receive NFTs and digital rewards with other users on the XODEX chain protocol, but XODEX does not offer any currency exchange services. The XODEX App is not a custodian, exchange, or money transmitter. 1.2.2 When a XODEX App is created by a user, the XODEX chain software generates a pair of cryptographic keys - a private key and a public key. These keys are used by the user to send and receive any NFTs or digital rewards supported on the XODEX chain. It is the responsibility of the user to securely store a backup of their XODEX App, private keys, and transaction information outside of the XODEX Services. If the user fails to create a backup of their XODEX App, they may lose access to it if XODEX discontinues any or all of its services. 1.2.3 For a transaction to be considered valid on the XODEX chain, it must be confirmed and recorded in the distributed ledger of the XODEX chain through the use of the XODEX App. The XODEX chain is a decentralized, peer-to-peer network that is not owned or controlled by XODEX, but rather is supported by the users of the XODEX chain. 1.2.4 XODEX does not have the ability to control any NFT or digital reward that is generated through the XODEX chain, XODEX App, or website. Additionally, XODEX cannot guarantee that the transaction details provided by the user will be successfully processed on the XODEX chain. It is possible that the transaction may be delayed or not completed due to the XODEX chain or any other blockchain used to process the transaction. XODEX does not provide any warranties for the transfer of title or rights to any NFT or digital reward. Once the transaction details have been submitted to the XODEX chain, XODEX is unable to modify or cancel the transaction in any way. 1.2.5 If there is a fork in the XODEX chain or any other supported blockchain, XODEX may not be able to support the user's activity related to XODEX or any other NFT or reward. The user understands that if there is a fork in the XODEX chain, any transaction associated with the XODEX App or XODEX Services may not be completed, may be partially completed, may be completed incorrectly, or may be significantly delayed. XODEX is not responsible for any loss that a user may incur due to a fork in the XODEX chain, whether it is directly or indirectly related. 1.2.6 XODEX does not receive or store the user's password for the XODEX App, or any keys, network addresses, or transaction history. XODEX is unable to assist with password retrieval for the XODEX App. The user is solely responsible for remembering, storing, and keeping their XODEX App PIN, keys, and address secret. If the user does not know or keep their XODEX App keys and PIN secret, any NFT or digital reward stored in the XODEX App may become inaccessible. If a third party obtains any of the user's credentials, including but not limited to the backup phrase, App identifier, PIN, or keys, they may be able to access and dispose of the NFTs or digital rewards in the user's XODEX App. 1.2.7 Currently, XODEX does not charge a fee for using the XODEX App, receiving, sending, or storing XODEX. However, XODEX reserves the right to do so in the future, and if this occurs, the applicable fees will be displayed before the user incurs them. It is important to note that the XODEX chain may have transaction fees associated with NFT or digital reward transactions. XODEX may try to calculate these transaction fees for the user, but the calculation may not be accurate. The user has the option to select a higher or lower transaction fee and is solely responsible for paying any transaction fees on the XODEX chain. XODEX will not pay or advance any transaction fees on behalf of the user and will not be responsible for any incorrect fee calculations. 1.2.8 There may be programs in place at certain times that allow users to receive rewards, such as XODEX Rewards, NFTs, or other forms of rewards, based on actions they take, such as referrals or other programs that are active at the time (referred to as "Additional Rewards"). The user understands that XODEX makes no representations or warranties regarding the Additional Rewards. In addition, XODEX makes no representations or warranties about the operation of any XODEX Services or that the XODEX Services or Additional Rewards will be error-free or uninterrupted. The user accepts full responsibility for taking any actions necessary to obtain any Additional Rewards and agrees to not hold XODEX responsible for any opportunity costs or losses that may result from not receiving anticipated Additional Rewards, regardless of whether they are monetary or of another form.
2. PAYMENT TERMS.
2.1. Annual License and Monthly Service Fees. The user will be required to pay a one-time license fee for a XODEX Node. XODEX or any of its affiliates or third parties may sell the software or hardware for a XODEX Node. 2.2. Software License. To use any required software for a XODEX Node, the user may be required to enter into a software license agreement with XODEX or any third party. The user will be responsible for paying all associated software license fees. 2.3. Equipment Purchase. The user has the option to enter into an equipment purchase agreement for the purchase of hardware for a XODEX Node. However, it is not a requirement to purchase such hardware. The user can use any equipment technology, such as a computer, GPU, cell phone, or other technology, that can safely and effectively access and connect to the XODEX chain. 2.4. Maintenance and Hosting Fees. XODEX does not operate or host any XODEX NODES, but may refer the user to one or more third-party hosting companies that may or may not be affiliated with XODEX. If the user decides to enter into a separate hosting agreement, they may be required to pay maintenance fees, which could include data centre operations, maintenance, and power fees. 2.5. Blockchain Transaction Fees. Sending and receiving of the user's NFTs or digital rewards through the XODEX Network may incur network or transaction fees charged by the blockchain associated with the user-selected algorithm (called "Blockchain Transaction Fees"). These fees are non-refundable and are used to emit, record, verify, and process a transaction on the blockchain. Both withdrawals and transfers of the user's NFTs or digital rewards will be subject to Blockchain Transaction Fees. 2.6. Other Third-Party Fees. The user may be charged fees by certain digital apps, app addresses, tools, and third-party software and devices (called "Third-Party Fees"), including per transaction or transfer fees, which are non-refundable. The user is responsible for paying these fees. It is important for the user to be aware that these fees can significantly reduce their rewards, and they are responsible for managing the selection, use, rate, and frequency of their reward receipt to minimise the impact of any Third-Party Fees. 2.7. Taxes. The user is responsible for paying any taxes related to their use of XODEX Services and will not receive a reduction for taxes. If the user is required by law to withhold any taxes from their payments to XODEX, they must provide XODEX with an official tax receipt or other qualified documentation, including value added tax (VAT) if applicable, to support the withholding. The user will be held accountable for paying (or reimbursing XODEX for) any taxes, interest, penalties, or fines that result from any incorrect declarations made by the user. In addition, the user must pay XODEX for any taxes or governmental fees that XODEX is required to collect or pay upon the sale or delivery of XODEX Services. Users of NFTs or digital rewards, including but not limited to bitcoin, are warned that there is a potential for financial loss when exchanging these rewards for fiat currency due to an unfavourable exchange rate. Additionally, a favourable exchange rate at the time of exchange may result in a tax liability. It is recommended that users consult a tax advisor about any tax consequences associated with the purchase, sale, trade, receipt, or other use of digital rewards. 2.8. CREDIT CARD PURCHASES If the user pays by credit card or certain other payment instruments, they may be given access to a third-party interface called the "Payment Processor" to input, change, and update their payment information to make a payment. The processing of payments may be subject to the terms, conditions, and policies of the Payment Processor in addition to this agreement (such as Circle (https://support.usdc.circle.com/hc/en-us/articles/360001233386)). All user rights and privileges related to the Payment Processor are outlined in the Circle Account User Agreement. XODEX bears no responsibility for fiat transactions and any related liability rests solely with the Payment Processor. XODEX is not a custodian for the user's credit card or certain other payment instruments and is not responsible for the actions or inactions of the Payment Processor(s). Users agree to pay XODEX and its payment processors all applicable fees and authorise XODEX and the payment processor to charge all sums, including all applicable taxes, to the payment methods specified or linked to their account. The user agrees that they are authorised to use the payment method provided and authorises XODEX and the payment processor to charge their credit card or process their payment through a third-party payment processor for any fees or payments incurred. This includes any withdrawals or payments made by the user. FOR PAYMENTS IN CRYPTOCURRENCY: PAYMENT PROCESSOR ONLY SUPPORTS USDT . The user understands that, upon purchasing with a credit card, the item will not be claimed until at least 14 days have passed from the date of purchase. Transaction Limits: The user understands that their use of the services is subject to a limit on the number of transactions they can make within a specific time period. These limits may vary at the sole discretion of the company. Transactional Limits: Single Transaction: $5,000 Daily: $5,000 Weekly: $10,000 Monthly: $40,000 “Charge Backs” In the event of a charge back, XODEX may, in its sole discretion, carry out one or more of the following actions: User will be temporarily auto banned User will not be eligible for daily distribution 2.9 License Sales via Smart Contract This outlines the process of license sales through the use of a smart contract, which is executed via a blockchain transaction. Please note that this transaction incurs a network fee that is not a XODEX fee. Additionally, it is important to note that blockchain transactions are irreversible, meaning that license returns are not possible. The sale of a license is completed through the use of a smart contract, which is a self-executing contract with the terms of the agreement between buyer and seller directly written into lines of code. When a buyer purchases a license, the smart contract is executed through a blockchain transaction. The execution of the smart contract incurs a network fee that is not a XODEX fee. The network fee is paid to the miners who process and verify the transaction on the blockchain network. It is important to note that blockchain transactions are irreversible, meaning that license returns are not possible. Once a license is purchased through the smart contract, the transaction is final and cannot be reversed. License sales via smart contract are a secure and efficient method of conducting transactions. However, it is important to be aware of the irreversible nature of blockchain transactions and to understand the network fee associated with executing the smart contract.
3. USER OBLIGATIONS
3.1. Software and Equipment Allocation. The user is responsible for the selection and allocation of their software and equipment, as well as any optimisation decisions made. XODEX is not responsible for choosing or deciding when to use blockchain protocols, nor is XODEX responsible for the protocols chosen for use with XODEX Services. The User acknowledges this. The User is the only one responsible for making these decisions and should use the XODEX App to monitor and allocate strategies. The User acknowledges that the node transactions on any blockchain may vary and will not be consistent across all XODEX NODES. 3.2. Log-in Credentials. The User agrees to keep their login credentials for the XODEX App and any other login for the XODEX Services confidential. The login credentials provided to the User by XODEX are for the User's personal use only and may not be sold, transferred, or sub-licensed to any other entity or person. 3.3. Blockchain Network Risk. The User acknowledges that using blockchain technology and networks carries certain risks, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, and technological and operational errors. The User understands that these risks may cause delays or failures in processing transactions and may result in high blockchain transaction fees or third party fees. 3.4. Blockchain Modification Risk. The User acknowledges that they are aware of and accept the risks involved in developing and using blockchain technology. Blockchain technology is still evolving and may experience significant changes. Contributors to blockchain technology may make changes to features and specifications of the algorithm chosen by the User and may fork the XODEX chain protocol. These changes may result in the elimination or support of specific algorithms and applications. 3.5. Trade Compliance. The User must follow all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including those that apply to European Union and U.S. companies, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control and the European Union's Common Foreign and Security Policy (collectively referred to as "Trade Sanctions Laws"). The User guarantees that they and their financial institutions, or any party that owns or controls the User or their financial institutions, are not subject to sanctions or listed as prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (such as the Specially Designated Nationals List and Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other relevant government authorities. 3.6 Compliance with Local Laws and Regulations. As a user, you must not try to purchase any XODEX products that are restricted by local laws and regulations. XODEX may block access to this website or limit access to it in certain regions as needed to comply with laws and regulations. XODEX cannot be held responsible for any losses that may result from following local laws and regulations. 3.7 Ownership Restrictions. The user agrees that XODEX, any web 3 developers, and third-party content providers (or, as applicable, their licensors) hold all legal rights, titles, and interests in their respective intellectual property. This includes the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, overall appearance, organisation, compilation of content, code, data, and all other elements of any content provided on the website, XODEX App, or XODEX chain, which are protected by copyright, trade dress, patent, trademark laws, international conventions, other relevant intellectual property laws, and applicable laws. All intellectual property belongs to its owners or licensors, and all trademarks, service marks, and trade names are owned by their respective owners or licensors. Unless explicitly stated in this agreement, using the XODEX Services and XODEX App does not give the user any ownership or rights to any content, code, data, or other materials accessed through the XODEX App. When a User purchases or owns a Platform Asset, the User owns the underlying NFT completely for as long as the User owns the Platform Asset, subject to the terms and restrictions of this Agreement and any accompanying license restrictions for the Platform Asset. The smart contract and Ethereum Network (or any other applicable network) are responsible for managing the ownership of the NFT. XODEX does not have the ability to seize, freeze, or alter the ownership status of a Platform Asset. The User understands that the intellectual property rights embedded within a Platform Asset may be subject to licensing requirements and that XODEX can only transfer these rights to the User if it holds a valid license for the intellectual property. The User agrees to these terms. If the license for the intellectual property embedded within a User's owned Platform Asset is terminated, XODEX and the User may no longer have any rights to the intellectual property. XODEX reserves the right to modify or remove the intellectual property in question at its discretion. 3.8 Children. The User confirms that they are over the age of 18, as the XODEX app and XODEX services are not intended for individuals under the age of 18. 3.9 Responsibility for Conduct. The User is responsible for all actions taken through their App and for their use of the XODEX Services, and accepts all risks of any authorised or unauthorised access to their XODEX App to the fullest extent permitted by law. The User confirms that they are aware of and accept the risks associated with digital apps and private keys, including those mentioned in this document. The User is solely responsible for their actions while accessing or using the XODEX Services or XODEX App and any resulting consequences. The User agrees to use the XODEX Services, XODEX App, and XODEX chain for legal and proper purposes that are in accordance with these Terms and all relevant laws and regulations. The User agrees not to, and not to allow any third party to: send, upload, distribute, or disseminate any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content disseminate viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other destructive or deceptive items use another person's identity (via an email address or any other means) to impersonate them post, transmit, upload or otherwise make available through the XODEX Services any content that infringes upon the intellectual property rights of any party. use the XODEX Services to infringe upon the legal rights (such as privacy and publicity) of others promote, encourage or engage in illegal activity (including, without limitation, money laundering) interfere with other users’ enjoyment exploit the XODEX Services for any unauthorised commercial purpose adapt, modify, translate, or reverse engineer any portion of the XODEX Services remove any trademarks, copyrights or other proprietary rights notices contained in or on the XODEX App or XODEX chain or any part of it frame or reformat any portion of the XODEX App display any content on the XODEX App or XODEX chain that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the XODEX App or the content posted on the XODEX App, or to collect information about its users for any unauthorized purpose create user accounts under false or fraudulent pretences trick, defraud, or mislead XODEX or Users, with specific to an attempt to learn sensitive account information attempt to impersonate another User attempt to bypass any security measure of the Site copy or adapt the Site disparage, tarnish, or otherwise harm, in XODEX sole discretion, XODEX and/or the Site. 3.10 User Conduct 3.10.1 Users must consistently maintain the highest standards of integrity in all their actions and interactions. This applies to interactions with other Users, XODEX, members of the administration team, the media, sponsors, and fans, both online and in person, including on live streams, videos, at events and on stage, or any other public-facing platforms. It is expected that Users will conduct themselves in a professional manner at all times. 3.10.2 Users are prohibited from using obscene gestures, profanity, or references to drugs, sex, or violence in their Team Names, User handles, game chat, lobby chat, live interviews, or any other public-facing media. It is expected that Users will maintain appropriate language and behaviour in all their interactions and communications. This rule applies to all languages, including English, and covers abbreviations and obscure references as well. XODEX reserves the right to deny any Team Names or User handles that do not meet professional standards. If a team's name is denied, they will be required to choose a new, approved name to use. It is important for all users to uphold professional standards in their interactions and communications. 3.10.3 Users are expected to give their best effort and compete fairly at all times. Cheating of any kind will not be tolerated. It is prohibited for Users to manipulate a game or match in any way that affects its outcome, other than through their own skill and merit. All Users must play by the rules and ensure that the competition is fair and based on merit. Cheating includes, but is not limited to, the following behaviors: Collusion, match fixing, or any other attempt to intentionally alter the results of a game or match, including intentionally losing a game or match to benefit one's own or another's ranking Interfering with another User's connection to the game service through actions such as a Distributed Denial of Service (DDoS) attack Tampering with the entry process or operation of matches and games Using unauthorised bots, hacks, or software that allows for the automated control of XODEX online service or any of its features Intentionally using or attempting to use bugs or exploits in the game, as determined by XODEX at its discretion Failing to report known bugs or exploits to XODEX before starting a match Any of these actions may result in a forfeit of the match and disqualification from future matches and games. It is important for all Users to compete fairly and uphold the integrity of the competition. 3.11 Anti-Harassment XODEX is dedicated to maintaining a competitive environment that is free from harassment and discrimination. To support this commitment, Users are prohibited from engaging in any harassing or discriminatory behavior based on factors such as race, colour, religion, gender, national origin, age, disability, sexual orientation, or any other status or characteristic protected by law. All Users are expected to respect the diversity and dignity of their fellow competitors and to refrain from any behaviour that may be hurtful or offensive. 3.12 Disciplinary Action. To maintain the integrity of the game and uphold XODEX reputation for fair competition, XODEX reserves the right to monitor compliance with these rules, investigate potential rule violations, and impose sanctions for any breaches. It is important for all Users to adhere to these rules in order to ensure a fair and enjoyable gaming experience for all. If XODEX determines that a User has cheated or violated the rules in any way, the User may be immediately disqualified and removed from the service. In addition, XODEX reserves the right, at its sole discretion, to take any other actions it deems appropriate, including but not limited to the following: Issue a public warning to the User Disqualify the User from participating in future events Withhold or revoke points or prizes awarded to the User Terminate any licenses granted to the User for XODEX titles Terminate all XODEX accounts held by the User XODEX decisions regarding disciplinary action will be final and binding. If a User's eligibility is in question or they have been disqualified or deemed ineligible, XODEX reserves the right to lock their account. It is a violation of the rules to fail to cooperate with any internal or external investigation conducted by XODEX relating to a potential violation of the rules or applicable law. It is important for all Users to cooperate with any investigations and to adhere to the rules at all times. 3.13 Representations Made By User. The user understands that the XODEX Services, including but not limited to the XODEX Node and XODEX Reward, are not being sold as investments by or of XODEX. The user agrees not to represent the XODEX Services as an investment in XODEX or otherwise, including but not limited to marketing the services in coordination with supplying the user's referral link, as this would be a breach of the terms and conditions. XODEX will have sole discretion to determine whether a breach has occurred. 3.14 XODEX NODE REPRESENTATIONS The XODEX Node is solely intended to support the XODEX Node Ecosystem, and this is recognised by both XODEX and the user. This Agreement, any exhibits to this Agreement, and any representations made outside of this Agreement do not convey to the user any ownership interests in XODEX or its subsidiaries, or any other interests in XODEX (such as voting rights), nor do they create any expectation of profits from the efforts of XODEX or its subsidiaries or principals. The user understands that they may receive rewards in accordance with the distribution schedule of the Node Ecosystem (subject to change), but these rewards are earned solely as a result of the work performed by the user (through the XODEX Node management ). These rewards are referred to as "Distribution Rewards. The user acknowledges that if they do not run the XODEX Node, they will not receive any rewards. XODEX has no control over how rewards are distributed to the XODEX Node. In the future, it is expected that the XODEX Node may be able to be sold or transferred as Non-Fungible Tokens. However, XODEX cannot guarantee that the resale value of the Nodes will be higher than the purchase price or that it will be legally possible to do so if this event occurs. Additionally, XODEX cannot guarantee that the XODEX Node will ever have a resale value or be capable of being resold. 3.15 Play to Earn Mechanisms If the user chooses to participate in any activities that allow them to earn rewards (such as playing games or using XODEX services on the XODEX app or website), they will be responsible for paying any taxes, duties, or assessments imposed by any governmental authority on these earnings. The user agrees to pay XODEX for all taxes and assessments of any jurisdiction, including value-added taxes, import or export taxes, and any other fees based on charges, services performed, or payments made under these terms. The user will not be allowed to deduct the amount of any such taxes, duties, or assessments from payments made to XODEX. The user is solely responsible for determining what taxes, if any, apply to their activities and transactions, including earning rewards through play. XODEX does not act as a withholding tax agent in any situation. The user understands and acknowledges that XODEX is not responsible for any missed rewards or other issues, and the user accepts full responsibility for any errors or faults that may occur, regardless of their source. XODEX reserves the right to change any and all methods of earning rewards, including but not limited to the amounts and other details, at any time at its sole discretion. These earning mechanisms are not permanent and may be altered.
4. TERMINATION
4.1. General. XODEX may suspend or terminate the user's access to or use of XODEX services immediately and without notice if: XODEX determines that the user's use of the services poses a security risk to XODEX services or any third party, could adversely impact XODEX, XODEX services, XODEX chain, or other XODEX users, or could subject XODEX, its affiliates, or any third party to liability, or could be fraudulent; the user is in breach of these terms and conditions; the user initiates a chargeback or dispute with respect to any payment or purchase of XODEX services; the user ceases to operate in the ordinary course, makes an assignment for the benefit of creditors or similar disposition of assets, or becomes the subject of any bankruptcy, reorganisation, liquidation, dissolution, or similar proceeding; or for any other reason at XODEX discretion. 4.2. Effect of Suspension. If XODEX temporarily restricts the User's access to any part or all of the XODEX Services, the User will still be responsible for paying all fees and charges incurred during the suspension period, including Maintenance Fees and Blockchain Transaction Fees. Additionally, the User may violate their hosting agreement or the blockchain protocols if they are suspended, which could affect their ability to receive any results or rewards that may have been earned during the suspension of the XODEX Services. The User agrees to pay any fees charged by XODEX to restore access to the XODEX Services. 4.3. Effect of Termination. If XODEX ends the User's access to any part or all of the XODEX Services, all of the User's rights under these Terms & Conditions will immediately end and the User will still be responsible for paying any fees owed to XODEX that were incurred up until the termination date.
5. GOVERNANCE
5.1. Advisory Board: The XODEX chain may have a group of advisors. 5.2. Voting on XODEX chain Updates and Amendments: The XODEX chain may have procedures in place for voting on changes and amendments. 5.3. Consensus Nodes. The XODEX chain may have certain nodes, called consensus nodes, that are responsible for verifying and approving transactions and helping to maintain the security and stability of the network. These nodes, known as XODEX NODES, play a crucial role in the functioning of the XODEX chain. Users who own a XODEX Node participating in the consensus protocol may be eligible for rewards from the XODEX chain and may also have the ability to charge Blockchain Transaction Fees. 5.4. Community and Decentralized Innovation. The XODEX chain is open to contributions from anyone or any entity worldwide, including coders, app developers, marketers, advertisers, and providers of services and maintenance. Individuals or groups from the XODEX chain community who contribute accepted amendments, updates, or innovations may be rewarded from the XODEX chain rewards.
6. PUBLICITY
The User is allowed to publicly announce that they are a customer or user of XODEX, as long as they follow any Trademark Guidelines that XODEX may have. The User also agrees to follow XODEX Privacy Policy and Code of Conduct.
7. REPRESENTATIONS AND WARRANTIES
Both parties confirm that they have the legal authority and capacity to enter into these terms and conditions and that they will follow all relevant laws and regulations in their use of XODEX Services. If the user provides false, outdated, or incomplete information, XODEX reserves the right to suspend or terminate the user's account and deny access to any and all current or future XODEX Services. The user understands and agrees that they do not live in a region where the use of loot boxes in games is prohibited by gambling laws.
8. DISCLOSURES & RISKS
8.1 Notification. XODEX informs users of the potential risks and disclosures related to blockchain NFTs, digital rewards, and the technology and protocols associated with them. XODEX Services should not be considered an investment product and no action, notice, communication, or omission by XODEX should be interpreted as such. XODEX has no control over the XODEX chain, the transactions and consensus protocols, or the NFTs or digital rewards, including the XODEX Reward. Owning a XODEX App or Game Node or using XODEX Services does not give the user any ownership stake, share, security, debt, or right to receive future revenue or participate in the XODEX chain or XODEX Reward or any other blockchain or digital reward. 8.2 Digital Rewards. Digital rewards are not recognized as legal tender, are not issued or backed by any government, and have less regulatory protection than traditional currency. In addition, digital rewards are not protected against theft or loss by any insurance company or investor protection agency, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation. 8.3 Market Risk. The value of NFTs and digital rewards is determined by supply and demand in the global market, which can fluctuate independently of any government-issued currency. Holding NFTs and digital rewards carries exchange rate and other types of risks. The value of these assets may depend on market participants' willingness to exchange traditional government currency for them, which could lead to the permanent loss of value if the market for them collapses. The price and value of NFTs and digital rewards can be volatile and difficult to predict, and they may fluctuate significantly relative to government-issued currency, potentially leading to significant losses in a short amount of time. XODEX does not provide any guarantees or warranties regarding the value of any NFT, digital reward, or blockchain, including the XODEX chain and XODEX Reward. The user should be aware that there is no guarantee that any NFT or blockchain reward will increase in value, and they may have no value, decrease in value, or lose all value entirely. 8.4. Regulatory Risk. Changes in legislation and regulation at the state, federal, or international level may negatively impact the use, transfer, exchange, and value of virtual NFTs and blockchain rewards. Many jurisdictions have yet to clearly establish the regulatory status of cryptographic tokens, digital assets, and blockchain technology. It is uncertain how or if governmental authorities will choose to regulate these technologies, and it is also uncertain if any changes will be made to current laws, regulations, and rules that could impact cryptographic tokens, digital assets, blockchain technology, and their applications. These potential changes could have negative effects on the XODEX Services, such as the possibility of being classified as regulated financial instruments that require registration. In the event that governmental actions make it illegal or undesirable for business purposes to continue distributing cryptographic tokens, digital assets, or operating the XODEX Games platform, XODEX may choose to halt distribution, development, or operations in a particular jurisdiction. As XODEX operates in a relatively new industry, it may be subject to increased oversight and scrutiny, including the possibility of investigations or enforcement actions. It is not certain that XODEX will not be examined or face enforcement actions from governmental, regulatory, or other authorities, including those in the banking industry. Governmental activities, whether targeted at XODEX specifically or not, may result in judgments, settlements, fines, or penalties for XODEX. These actions could damage XODEX reputation or lead to increased operational costs, which could have a negative impact on the XODEX Services. XODEX may also need to restructure its operations or cease offering certain products or services as a result of these governmental activities. 8.5 Technology Risk. Transactions involving virtual NFTs and digital rewards may be irreversible, and it may not be possible to recover losses due to fraudulent or accidental transactions. These types of virtual transactions may be recorded on a public ledger when they are deemed to be made, rather than at the time the user initiates the transaction. This feature of virtual transactions may increase the risk of fraud or cyberattacks. 8.6 Changes to XODEX Node Network. XODEX and the user acknowledge that amendments may be made to the XODEX Node Network from time to time. XODEX will present proposed amendments (the "Proposed Amendments") to the Node Network for a vote on whether to implement them or not (the "Governance Vote"), and both XODEX and the user agree to this process. XODEX has the right to make Proposed Amendments at its own discretion and is not required to consider the User's best interests when making such proposals. It is possible that XODEX may propose an amendment that is not in the User's best interests or even directly opposed to them, such as a change in the distribution calculation. The User agrees that they have no legal means to challenge XODEX if a Proposed Amendment is approved and implemented through the Governance Vote, even if it is not in the User's best interests. If the User disagrees with a Proposed Amendment, their only option is to vote against it. XODEX and the User both acknowledge that a Proposed Amendment may involve changing the Specifications, such as the internet connection, RAM, CPU requirements, and other specifications necessary to run the Nodes. These Specifications may be minimal at the start of this Agreement, but they may be modified through Proposed Amendments and the Governance Vote. While XODEX ensures that the XODEX Node will always be able to be run using the current Specifications, it cannot guarantee that rewards earned for doing so will not change through Proposed Amendments.
9. DISCLAIMER
XODEX, its affiliates, and its suppliers do not provide any warranties other than those specifically mentioned in these terms and conditions. This includes any express, implied, statutory, or other warranties, such as warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. The deletion, failure to store, or loss of any user data, including blockchain data, NFT and digital rewards derived, maintained, or transmitted through the use of XODEX services, is not the responsibility or liability of XODEX, its affiliates, or its suppliers. The user is fully responsible for securing their customer data and digital rewards. XODEX, its affiliates, and its suppliers cannot guarantee that the operation of XODEX Services, XODEX chain, or any other supported blockchain will be free of errors or interruptions. XODEX, its affiliates, and its suppliers cannot be held responsible or liable for any losses or opportunity costs resulting from issues with the blockchain network and protocol or third-party software, which may lead to the inability to process transactions on any blockchain or the incurrence of substantial fees.
10. LIMITATION OF LIABILITY
10.1. Limitation of Indirect Liability. To the fullest extent allowed by law, XODEX and the user shall not be held liable under these terms and conditions for lost revenues, opportunity costs, or indirect, special, incidental, consequential, exemplary, or punitive damages, even if XODEX knew or should have known that such damages were possible and even if direct damages do not provide a sufficient remedy. This limitation of liability does not apply to violations of XODEX intellectual property rights, indemnification obligations, or the user's payment obligations. 10.2. Limitation of Amount of Liability. To the fullest extent allowed by law, neither XODEX nor its affiliates or suppliers can be held liable under these terms and conditions for more than the amount paid by the user to XODEX under these terms and conditions for the 12 month period preceding the date the claim arose, minus any rewards generated or received by the user as a result of the use of XODEX Services.
11. INDEMNIFICATION
The User agrees to defend and indemnify XODEX and its affiliates against any settlement amounts, damages, and costs that may be awarded against them by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party, if such proceeding arises from the User's use of XODEX Services. This indemnification requirement will apply unless it is prohibited by applicable law.
12. MISCELLANEOUS.
12.1. Assignment. The User is not allowed to assign or transfer their rights and responsibilities under these terms and conditions without the written permission of XODEX, which can be denied at their discretion. Any attempts to do so will be invalid. XODEX has the right to assign any of their obligations, rights, and these terms and conditions to others at any time without needing the User's consent. However, these terms and conditions will still apply to the User and their permitted successors and assigns. The User is not allowed to combine these terms and conditions with any other agreements that XODEX may be a part of. 12.2. Third-Party Communications. XODEX is not responsible for any communication that you receive from third parties in connection with the Platform, whether directly or indirectly, and any actions you may take or refrain from taking as a result of these communications. It is the responsibility of the user to assess and verify the identity and trustworthiness of the source and content of these communications. XODEX does not verify the identity or trustworthiness of the source or content of these communications and makes no representation or warranty in this regard. 12.3. Disputes. Any disagreement, dispute, difference, or claim arising from or related to these Terms & Conditions or in any way connected to the use of XODEX sites or XODEX Services, including but not limited to the existence, validity, interpretation, performance, breach, or termination of these Terms & Conditions, or any non-contractual obligations arising from or related to these Terms & Conditions, may be resolved through mediation before a single mediator. The parties may agree on a location for the mediation. XODEX will not be liable for any losses occurred by purchasing, holding, or operating a node. 12.4. Entire Agreement. The terms and conditions set forth in this document represent the entire agreement between the parties and supersede all previous agreements concerning its subject matter. Neither party has relied on any statements, representations, or warranties outside of these terms and conditions in entering into this agreement. These terms may be updated on XODEX websites. 12.5. Force Majeure. XODEX and its affiliates cannot be held responsible for any inability to fulfil their obligations under these Terms & Conditions if such failure or delay is caused by circumstances beyond their control, such as natural disasters, labor disputes, power outages, telecommunications failures, government actions, terrorism, or war. In addition, Force Majeure events, including updates to blockchain validation rules (such as hard or soft forks), are also not the responsibility of XODEX and its affiliates. 12.6. Governing Law. Any legal dispute or claim arising from or related to the use of XODEX sites, services, or these Terms & Conditions by the user will be governed by the laws of the registered business address. Any and all communications and notifications related to these Terms & Conditions must be in English. In the event that a translation of the English version of these Terms & Conditions is provided, the English version shall take precedence in the case of any discrepancies or conflicts. 12.8. Notices to the User and XODEX. XODEX may give notice to the user according to these Terms & Conditions in one of the following ways: (1) by posting a notice on the XODEX website, or (2) by sending a message to the email associated with the user's account. Notifications posted on the XODEX website will take effect immediately upon posting, and notifications sent via email will be effective as soon as they are sent. It is the user's responsibility to ensure that their email address is up to date. To provide notice to XODEX under these Terms & Conditions, the user must contact XODEX at xo@xo-dex.com. XODEX may update the notice address by posting it on the XODEX website. 12.9. Severability. If any part of these Terms & Conditions is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
General Information
These Terms and Conditions (hereinafter "Terms & Conditions'') govern the relationship between XODEX, (hereinafter “XODEX” or "Site"), and any individual or entity (hereinafter "User") who uses the website, and any products, features, and services offered on it (hereinafter “XODEX Services"). These Terms & Conditions do not create any agency, partnership, or joint venture between XODEX and the User. By registering for an account on XODEX or any associated websites, APIs, or mobile applications, the User acknowledges and agrees to the Terms & Conditions, as well as XODEX Privacy Policy and Code of Conduct. XODEX reserves the right to amend and update these Terms & Conditions at any time at its sole discretion. Any revised versions will become effective as of the date and time they are posted on the XODEX Site. Here is an edited version of the text:
1. XODEX SERVICES
XODEX is a decentralized ecosystem built on a blockchain network, using smart contracts (each a "Smart Contract") to enable users to own, buy, sell, transfer, and share unique digital rewards that can be visualised on the XODEX site through the XODEX Apps. The XODEX NODE is a combination of hardware and software that is connected to the XODEX network. It helps support the XODEX Network and confirm transactions for XODEX' network. A XODEX NODE can refer either to the node itself or to a license that allows a user to operate the node. When multiple XODEX NODES are working together, they form the XODEX NODE Network. 1.1 The "XODEX Reward" is a representation of XODEX tokens built on the XODEX platform, website, or app may be able to earn or receive. This reward is recorded on the XODEX protocol and/or the XODEX app and website. When referring to NFTs individually, rather than as part of the XODEX Reward, they are referred to as "Platform Assets." It is important to note that the XODEX Reward is a digital reward and not a security token, and it is not being offered to investors as part of an initial coin offering (ICO). Similar to the digital reward generated from the Bitcoin blockchain (BTC), the XODEX Reward is created through a unique blockchain protocol. Each user who participates in the XODEX chain protocol will receive 100% of their allocated XODEX Reward and any other digital rewards or NFTs deposited in their XODEX app. It is possible that the XODEX Reward, NFTs, and other digital rewards may only have value within the XODEX chain protocol and may not have monetary value on any other blockchain. On the XODEX platform, website, or app, the XODEX Reward, NFTs, and other digital rewards cannot be exchanged for currency. 1.2 XODEX App 1.2.1. XODEX will provide users with the XODEX App, which does not store or facilitate the transfer of NFTs or digital rewards. Instead, these transactions occur directly on the BNBchain blockchain, XODEX netowork or other supported blockchains. Users may also choose to use compatible digital apps or electronic wallets provided by third parties, such as MetaMask, to connect to the BNBchain blockchain and engage in transactions using BNB cryptocurrency. However, XODEX has no control over or liability for these third-party apps or services, including any transaction fees or other issues that may arise. The XODEX App and compatible wallets allow users to send and receive NFTs and digital rewards with other users on the XODEX chain protocol, but XODEX does not offer any currency exchange services. The XODEX App is not a custodian, exchange, or money transmitter. 1.2.2 When a XODEX App is created by a user, the XODEX chain software generates a pair of cryptographic keys - a private key and a public key. These keys are used by the user to send and receive any NFTs or digital rewards supported on the XODEX chain. It is the responsibility of the user to securely store a backup of their XODEX App, private keys, and transaction information outside of the XODEX Services. If the user fails to create a backup of their XODEX App, they may lose access to it if XODEX discontinues any or all of its services. 1.2.3 For a transaction to be considered valid on the XODEX chain, it must be confirmed and recorded in the distributed ledger of the XODEX chain through the use of the XODEX App. The XODEX chain is a decentralized, peer-to-peer network that is not owned or controlled by XODEX, but rather is supported by the users of the XODEX chain. 1.2.4 XODEX does not have the ability to control any NFT or digital reward that is generated through the XODEX chain, XODEX App, or website. Additionally, XODEX cannot guarantee that the transaction details provided by the user will be successfully processed on the XODEX chain. It is possible that the transaction may be delayed or not completed due to the XODEX chain or any other blockchain used to process the transaction. XODEX does not provide any warranties for the transfer of title or rights to any NFT or digital reward. Once the transaction details have been submitted to the XODEX chain, XODEX is unable to modify or cancel the transaction in any way. 1.2.5 If there is a fork in the XODEX chain or any other supported blockchain, XODEX may not be able to support the user's activity related to XODEX or any other NFT or reward. The user understands that if there is a fork in the XODEX chain, any transaction associated with the XODEX App or XODEX Services may not be completed, may be partially completed, may be completed incorrectly, or may be significantly delayed. XODEX is not responsible for any loss that a user may incur due to a fork in the XODEX chain, whether it is directly or indirectly related. 1.2.6 XODEX does not receive or store the user's password for the XODEX App, or any keys, network addresses, or transaction history. XODEX is unable to assist with password retrieval for the XODEX App. The user is solely responsible for remembering, storing, and keeping their XODEX App PIN, keys, and address secret. If the user does not know or keep their XODEX App keys and PIN secret, any NFT or digital reward stored in the XODEX App may become inaccessible. If a third party obtains any of the user's credentials, including but not limited to the backup phrase, App identifier, PIN, or keys, they may be able to access and dispose of the NFTs or digital rewards in the user's XODEX App. 1.2.7 Currently, XODEX does not charge a fee for using the XODEX App, receiving, sending, or storing XODEX. However, XODEX reserves the right to do so in the future, and if this occurs, the applicable fees will be displayed before the user incurs them. It is important to note that the XODEX chain may have transaction fees associated with NFT or digital reward transactions. XODEX may try to calculate these transaction fees for the user, but the calculation may not be accurate. The user has the option to select a higher or lower transaction fee and is solely responsible for paying any transaction fees on the XODEX chain. XODEX will not pay or advance any transaction fees on behalf of the user and will not be responsible for any incorrect fee calculations. 1.2.8 There may be programs in place at certain times that allow users to receive rewards, such as XODEX Rewards, NFTs, or other forms of rewards, based on actions they take, such as referrals or other programs that are active at the time (referred to as "Additional Rewards"). The user understands that XODEX makes no representations or warranties regarding the Additional Rewards. In addition, XODEX makes no representations or warranties about the operation of any XODEX Services or that the XODEX Services or Additional Rewards will be error-free or uninterrupted. The user accepts full responsibility for taking any actions necessary to obtain any Additional Rewards and agrees to not hold XODEX responsible for any opportunity costs or losses that may result from not receiving anticipated Additional Rewards, regardless of whether they are monetary or of another form.
2. PAYMENT TERMS.
2.1. Annual License and Monthly Service Fees. The user will be required to pay a one-time license fee for a XODEX Node. XODEX or any of its affiliates or third parties may sell the software or hardware for a XODEX Node. 2.2. Software License. To use any required software for a XODEX Node, the user may be required to enter into a software license agreement with XODEX or any third party. The user will be responsible for paying all associated software license fees. 2.3. Equipment Purchase. The user has the option to enter into an equipment purchase agreement for the purchase of hardware for a XODEX Node. However, it is not a requirement to purchase such hardware. The user can use any equipment technology, such as a computer, GPU, cell phone, or other technology, that can safely and effectively access and connect to the XODEX chain. 2.4. Maintenance and Hosting Fees. XODEX does not operate or host any XODEX NODES, but may refer the user to one or more third-party hosting companies that may or may not be affiliated with XODEX. If the user decides to enter into a separate hosting agreement, they may be required to pay maintenance fees, which could include data centre operations, maintenance, and power fees. 2.5. Blockchain Transaction Fees. Sending and receiving of the user's NFTs or digital rewards through the XODEX Network may incur network or transaction fees charged by the blockchain associated with the user-selected algorithm (called "Blockchain Transaction Fees"). These fees are non-refundable and are used to emit, record, verify, and process a transaction on the blockchain. Both withdrawals and transfers of the user's NFTs or digital rewards will be subject to Blockchain Transaction Fees. 2.6. Other Third-Party Fees. The user may be charged fees by certain digital apps, app addresses, tools, and third-party software and devices (called "Third-Party Fees"), including per transaction or transfer fees, which are non-refundable. The user is responsible for paying these fees. It is important for the user to be aware that these fees can significantly reduce their rewards, and they are responsible for managing the selection, use, rate, and frequency of their reward receipt to minimise the impact of any Third-Party Fees. 2.7. Taxes. The user is responsible for paying any taxes related to their use of XODEX Services and will not receive a reduction for taxes. If the user is required by law to withhold any taxes from their payments to XODEX, they must provide XODEX with an official tax receipt or other qualified documentation, including value added tax (VAT) if applicable, to support the withholding. The user will be held accountable for paying (or reimbursing XODEX for) any taxes, interest, penalties, or fines that result from any incorrect declarations made by the user. In addition, the user must pay XODEX for any taxes or governmental fees that XODEX is required to collect or pay upon the sale or delivery of XODEX Services. Users of NFTs or digital rewards, including but not limited to bitcoin, are warned that there is a potential for financial loss when exchanging these rewards for fiat currency due to an unfavourable exchange rate. Additionally, a favourable exchange rate at the time of exchange may result in a tax liability. It is recommended that users consult a tax advisor about any tax consequences associated with the purchase, sale, trade, receipt, or other use of digital rewards. 2.8. CREDIT CARD PURCHASES If the user pays by credit card or certain other payment instruments, they may be given access to a third-party interface called the "Payment Processor" to input, change, and update their payment information to make a payment. The processing of payments may be subject to the terms, conditions, and policies of the Payment Processor in addition to this agreement (such as Circle (https://support.usdc.circle.com/hc/en-us/articles/360001233386)). All user rights and privileges related to the Payment Processor are outlined in the Circle Account User Agreement. XODEX bears no responsibility for fiat transactions and any related liability rests solely with the Payment Processor. XODEX is not a custodian for the user's credit card or certain other payment instruments and is not responsible for the actions or inactions of the Payment Processor(s). Users agree to pay XODEX and its payment processors all applicable fees and authorise XODEX and the payment processor to charge all sums, including all applicable taxes, to the payment methods specified or linked to their account. The user agrees that they are authorised to use the payment method provided and authorises XODEX and the payment processor to charge their credit card or process their payment through a third-party payment processor for any fees or payments incurred. This includes any withdrawals or payments made by the user. FOR PAYMENTS IN CRYPTOCURRENCY: PAYMENT PROCESSOR ONLY SUPPORTS USDT . The user understands that, upon purchasing with a credit card, the item will not be claimed until at least 14 days have passed from the date of purchase. Transaction Limits: The user understands that their use of the services is subject to a limit on the number of transactions they can make within a specific time period. These limits may vary at the sole discretion of the company. Transactional Limits: Single Transaction: $5,000 Daily: $5,000 Weekly: $10,000 Monthly: $40,000 “Charge Backs” In the event of a charge back, XODEX may, in its sole discretion, carry out one or more of the following actions: User will be temporarily auto banned User will not be eligible for daily distribution 2.9 License Sales via Smart Contract This outlines the process of license sales through the use of a smart contract, which is executed via a blockchain transaction. Please note that this transaction incurs a network fee that is not a XODEX fee. Additionally, it is important to note that blockchain transactions are irreversible, meaning that license returns are not possible. The sale of a license is completed through the use of a smart contract, which is a self-executing contract with the terms of the agreement between buyer and seller directly written into lines of code. When a buyer purchases a license, the smart contract is executed through a blockchain transaction. The execution of the smart contract incurs a network fee that is not a XODEX fee. The network fee is paid to the miners who process and verify the transaction on the blockchain network. It is important to note that blockchain transactions are irreversible, meaning that license returns are not possible. Once a license is purchased through the smart contract, the transaction is final and cannot be reversed. License sales via smart contract are a secure and efficient method of conducting transactions. However, it is important to be aware of the irreversible nature of blockchain transactions and to understand the network fee associated with executing the smart contract.
3. USER OBLIGATIONS
3.1. Software and Equipment Allocation. The user is responsible for the selection and allocation of their software and equipment, as well as any optimisation decisions made. XODEX is not responsible for choosing or deciding when to use blockchain protocols, nor is XODEX responsible for the protocols chosen for use with XODEX Services. The User acknowledges this. The User is the only one responsible for making these decisions and should use the XODEX App to monitor and allocate strategies. The User acknowledges that the node transactions on any blockchain may vary and will not be consistent across all XODEX NODES. 3.2. Log-in Credentials. The User agrees to keep their login credentials for the XODEX App and any other login for the XODEX Services confidential. The login credentials provided to the User by XODEX are for the User's personal use only and may not be sold, transferred, or sub-licensed to any other entity or person. 3.3. Blockchain Network Risk. The User acknowledges that using blockchain technology and networks carries certain risks, including instability, congestion, high transaction costs, network latency, information security, regulatory risk, and technological and operational errors. The User understands that these risks may cause delays or failures in processing transactions and may result in high blockchain transaction fees or third party fees. 3.4. Blockchain Modification Risk. The User acknowledges that they are aware of and accept the risks involved in developing and using blockchain technology. Blockchain technology is still evolving and may experience significant changes. Contributors to blockchain technology may make changes to features and specifications of the algorithm chosen by the User and may fork the XODEX chain protocol. These changes may result in the elimination or support of specific algorithms and applications. 3.5. Trade Compliance. The User must follow all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, including those that apply to European Union and U.S. companies, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control and the European Union's Common Foreign and Security Policy (collectively referred to as "Trade Sanctions Laws"). The User guarantees that they and their financial institutions, or any party that owns or controls the User or their financial institutions, are not subject to sanctions or listed as prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (such as the Specially Designated Nationals List and Foreign as Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other relevant government authorities. 3.6 Compliance with Local Laws and Regulations. As a user, you must not try to purchase any XODEX products that are restricted by local laws and regulations. XODEX may block access to this website or limit access to it in certain regions as needed to comply with laws and regulations. XODEX cannot be held responsible for any losses that may result from following local laws and regulations. 3.7 Ownership Restrictions. The user agrees that XODEX, any web 3 developers, and third-party content providers (or, as applicable, their licensors) hold all legal rights, titles, and interests in their respective intellectual property. This includes the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, overall appearance, organisation, compilation of content, code, data, and all other elements of any content provided on the website, XODEX App, or XODEX chain, which are protected by copyright, trade dress, patent, trademark laws, international conventions, other relevant intellectual property laws, and applicable laws. All intellectual property belongs to its owners or licensors, and all trademarks, service marks, and trade names are owned by their respective owners or licensors. Unless explicitly stated in this agreement, using the XODEX Services and XODEX App does not give the user any ownership or rights to any content, code, data, or other materials accessed through the XODEX App. When a User purchases or owns a Platform Asset, the User owns the underlying NFT completely for as long as the User owns the Platform Asset, subject to the terms and restrictions of this Agreement and any accompanying license restrictions for the Platform Asset. The smart contract and Ethereum Network (or any other applicable network) are responsible for managing the ownership of the NFT. XODEX does not have the ability to seize, freeze, or alter the ownership status of a Platform Asset. The User understands that the intellectual property rights embedded within a Platform Asset may be subject to licensing requirements and that XODEX can only transfer these rights to the User if it holds a valid license for the intellectual property. The User agrees to these terms. If the license for the intellectual property embedded within a User's owned Platform Asset is terminated, XODEX and the User may no longer have any rights to the intellectual property. XODEX reserves the right to modify or remove the intellectual property in question at its discretion. 3.8 Children. The User confirms that they are over the age of 18, as the XODEX app and XODEX services are not intended for individuals under the age of 18. 3.9 Responsibility for Conduct. The User is responsible for all actions taken through their App and for their use of the XODEX Services, and accepts all risks of any authorised or unauthorised access to their XODEX App to the fullest extent permitted by law. The User confirms that they are aware of and accept the risks associated with digital apps and private keys, including those mentioned in this document. The User is solely responsible for their actions while accessing or using the XODEX Services or XODEX App and any resulting consequences. The User agrees to use the XODEX Services, XODEX App, and XODEX chain for legal and proper purposes that are in accordance with these Terms and all relevant laws and regulations. The User agrees not to, and not to allow any third party to: send, upload, distribute, or disseminate any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content disseminate viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other destructive or deceptive items use another person's identity (via an email address or any other means) to impersonate them post, transmit, upload or otherwise make available through the XODEX Services any content that infringes upon the intellectual property rights of any party. use the XODEX Services to infringe upon the legal rights (such as privacy and publicity) of others promote, encourage or engage in illegal activity (including, without limitation, money laundering) interfere with other users’ enjoyment exploit the XODEX Services for any unauthorised commercial purpose adapt, modify, translate, or reverse engineer any portion of the XODEX Services remove any trademarks, copyrights or other proprietary rights notices contained in or on the XODEX App or XODEX chain or any part of it frame or reformat any portion of the XODEX App display any content on the XODEX App or XODEX chain that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the XODEX App or the content posted on the XODEX App, or to collect information about its users for any unauthorized purpose create user accounts under false or fraudulent pretences trick, defraud, or mislead XODEX or Users, with specific to an attempt to learn sensitive account information attempt to impersonate another User attempt to bypass any security measure of the Site copy or adapt the Site disparage, tarnish, or otherwise harm, in XODEX sole discretion, XODEX and/or the Site. 3.10 User Conduct 3.10.1 Users must consistently maintain the highest standards of integrity in all their actions and interactions. This applies to interactions with other Users, XODEX, members of the administration team, the media, sponsors, and fans, both online and in person, including on live streams, videos, at events and on stage, or any other public-facing platforms. It is expected that Users will conduct themselves in a professional manner at all times. 3.10.2 Users are prohibited from using obscene gestures, profanity, or references to drugs, sex, or violence in their Team Names, User handles, game chat, lobby chat, live interviews, or any other public-facing media. It is expected that Users will maintain appropriate language and behaviour in all their interactions and communications. This rule applies to all languages, including English, and covers abbreviations and obscure references as well. XODEX reserves the right to deny any Team Names or User handles that do not meet professional standards. If a team's name is denied, they will be required to choose a new, approved name to use. It is important for all users to uphold professional standards in their interactions and communications. 3.10.3 Users are expected to give their best effort and compete fairly at all times. Cheating of any kind will not be tolerated. It is prohibited for Users to manipulate a game or match in any way that affects its outcome, other than through their own skill and merit. All Users must play by the rules and ensure that the competition is fair and based on merit. Cheating includes, but is not limited to, the following behaviors: Collusion, match fixing, or any other attempt to intentionally alter the results of a game or match, including intentionally losing a game or match to benefit one's own or another's ranking Interfering with another User's connection to the game service through actions such as a Distributed Denial of Service (DDoS) attack Tampering with the entry process or operation of matches and games Using unauthorised bots, hacks, or software that allows for the automated control of XODEX online service or any of its features Intentionally using or attempting to use bugs or exploits in the game, as determined by XODEX at its discretion Failing to report known bugs or exploits to XODEX before starting a match Any of these actions may result in a forfeit of the match and disqualification from future matches and games. It is important for all Users to compete fairly and uphold the integrity of the competition. 3.11 Anti-Harassment XODEX is dedicated to maintaining a competitive environment that is free from harassment and discrimination. To support this commitment, Users are prohibited from engaging in any harassing or discriminatory behavior based on factors such as race, colour, religion, gender, national origin, age, disability, sexual orientation, or any other status or characteristic protected by law. All Users are expected to respect the diversity and dignity of their fellow competitors and to refrain from any behaviour that may be hurtful or offensive. 3.12 Disciplinary Action. To maintain the integrity of the game and uphold XODEX reputation for fair competition, XODEX reserves the right to monitor compliance with these rules, investigate potential rule violations, and impose sanctions for any breaches. It is important for all Users to adhere to these rules in order to ensure a fair and enjoyable gaming experience for all. If XODEX determines that a User has cheated or violated the rules in any way, the User may be immediately disqualified and removed from the service. In addition, XODEX reserves the right, at its sole discretion, to take any other actions it deems appropriate, including but not limited to the following: Issue a public warning to the User Disqualify the User from participating in future events Withhold or revoke points or prizes awarded to the User Terminate any licenses granted to the User for XODEX titles Terminate all XODEX accounts held by the User XODEX decisions regarding disciplinary action will be final and binding. If a User's eligibility is in question or they have been disqualified or deemed ineligible, XODEX reserves the right to lock their account. It is a violation of the rules to fail to cooperate with any internal or external investigation conducted by XODEX relating to a potential violation of the rules or applicable law. It is important for all Users to cooperate with any investigations and to adhere to the rules at all times. 3.13 Representations Made By User. The user understands that the XODEX Services, including but not limited to the XODEX Node and XODEX Reward, are not being sold as investments by or of XODEX. The user agrees not to represent the XODEX Services as an investment in XODEX or otherwise, including but not limited to marketing the services in coordination with supplying the user's referral link, as this would be a breach of the terms and conditions. XODEX will have sole discretion to determine whether a breach has occurred. 3.14 XODEX NODE REPRESENTATIONS The XODEX Node is solely intended to support the XODEX Node Ecosystem, and this is recognised by both XODEX and the user. This Agreement, any exhibits to this Agreement, and any representations made outside of this Agreement do not convey to the user any ownership interests in XODEX or its subsidiaries, or any other interests in XODEX (such as voting rights), nor do they create any expectation of profits from the efforts of XODEX or its subsidiaries or principals. The user understands that they may receive rewards in accordance with the distribution schedule of the Node Ecosystem (subject to change), but these rewards are earned solely as a result of the work performed by the user (through the XODEX Node management ). These rewards are referred to as "Distribution Rewards. The user acknowledges that if they do not run the XODEX Node, they will not receive any rewards. XODEX has no control over how rewards are distributed to the XODEX Node. In the future, it is expected that the XODEX Node may be able to be sold or transferred as Non-Fungible Tokens. However, XODEX cannot guarantee that the resale value of the Nodes will be higher than the purchase price or that it will be legally possible to do so if this event occurs. Additionally, XODEX cannot guarantee that the XODEX Node will ever have a resale value or be capable of being resold. 3.15 Play to Earn Mechanisms If the user chooses to participate in any activities that allow them to earn rewards (such as playing games or using XODEX services on the XODEX app or website), they will be responsible for paying any taxes, duties, or assessments imposed by any governmental authority on these earnings. The user agrees to pay XODEX for all taxes and assessments of any jurisdiction, including value-added taxes, import or export taxes, and any other fees based on charges, services performed, or payments made under these terms. The user will not be allowed to deduct the amount of any such taxes, duties, or assessments from payments made to XODEX. The user is solely responsible for determining what taxes, if any, apply to their activities and transactions, including earning rewards through play. XODEX does not act as a withholding tax agent in any situation. The user understands and acknowledges that XODEX is not responsible for any missed rewards or other issues, and the user accepts full responsibility for any errors or faults that may occur, regardless of their source. XODEX reserves the right to change any and all methods of earning rewards, including but not limited to the amounts and other details, at any time at its sole discretion. These earning mechanisms are not permanent and may be altered.
4. TERMINATION
4.1. General. XODEX may suspend or terminate the user's access to or use of XODEX services immediately and without notice if: XODEX determines that the user's use of the services poses a security risk to XODEX services or any third party, could adversely impact XODEX, XODEX services, XODEX chain, or other XODEX users, or could subject XODEX, its affiliates, or any third party to liability, or could be fraudulent; the user is in breach of these terms and conditions; the user initiates a chargeback or dispute with respect to any payment or purchase of XODEX services; the user ceases to operate in the ordinary course, makes an assignment for the benefit of creditors or similar disposition of assets, or becomes the subject of any bankruptcy, reorganisation, liquidation, dissolution, or similar proceeding; or for any other reason at XODEX discretion. 4.2. Effect of Suspension. If XODEX temporarily restricts the User's access to any part or all of the XODEX Services, the User will still be responsible for paying all fees and charges incurred during the suspension period, including Maintenance Fees and Blockchain Transaction Fees. Additionally, the User may violate their hosting agreement or the blockchain protocols if they are suspended, which could affect their ability to receive any results or rewards that may have been earned during the suspension of the XODEX Services. The User agrees to pay any fees charged by XODEX to restore access to the XODEX Services. 4.3. Effect of Termination. If XODEX ends the User's access to any part or all of the XODEX Services, all of the User's rights under these Terms & Conditions will immediately end and the User will still be responsible for paying any fees owed to XODEX that were incurred up until the termination date.
5. GOVERNANCE
5.1. Advisory Board: The XODEX chain may have a group of advisors. 5.2. Voting on XODEX chain Updates and Amendments: The XODEX chain may have procedures in place for voting on changes and amendments. 5.3. Consensus Nodes. The XODEX chain may have certain nodes, called consensus nodes, that are responsible for verifying and approving transactions and helping to maintain the security and stability of the network. These nodes, known as XODEX NODES, play a crucial role in the functioning of the XODEX chain. Users who own a XODEX Node participating in the consensus protocol may be eligible for rewards from the XODEX chain and may also have the ability to charge Blockchain Transaction Fees. 5.4. Community and Decentralized Innovation. The XODEX chain is open to contributions from anyone or any entity worldwide, including coders, app developers, marketers, advertisers, and providers of services and maintenance. Individuals or groups from the XODEX chain community who contribute accepted amendments, updates, or innovations may be rewarded from the XODEX chain rewards.
6. PUBLICITY
The User is allowed to publicly announce that they are a customer or user of XODEX, as long as they follow any Trademark Guidelines that XODEX may have. The User also agrees to follow XODEX Privacy Policy and Code of Conduct.
7. REPRESENTATIONS AND WARRANTIES
Both parties confirm that they have the legal authority and capacity to enter into these terms and conditions and that they will follow all relevant laws and regulations in their use of XODEX Services. If the user provides false, outdated, or incomplete information, XODEX reserves the right to suspend or terminate the user's account and deny access to any and all current or future XODEX Services. The user understands and agrees that they do not live in a region where the use of loot boxes in games is prohibited by gambling laws.
8. DISCLOSURES & RISKS
8.1 Notification. XODEX informs users of the potential risks and disclosures related to blockchain NFTs, digital rewards, and the technology and protocols associated with them. XODEX Services should not be considered an investment product and no action, notice, communication, or omission by XODEX should be interpreted as such. XODEX has no control over the XODEX chain, the transactions and consensus protocols, or the NFTs or digital rewards, including the XODEX Reward. Owning a XODEX App or Game Node or using XODEX Services does not give the user any ownership stake, share, security, debt, or right to receive future revenue or participate in the XODEX chain or XODEX Reward or any other blockchain or digital reward. 8.2 Digital Rewards. Digital rewards are not recognized as legal tender, are not issued or backed by any government, and have less regulatory protection than traditional currency. In addition, digital rewards are not protected against theft or loss by any insurance company or investor protection agency, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation. 8.3 Market Risk. The value of NFTs and digital rewards is determined by supply and demand in the global market, which can fluctuate independently of any government-issued currency. Holding NFTs and digital rewards carries exchange rate and other types of risks. The value of these assets may depend on market participants' willingness to exchange traditional government currency for them, which could lead to the permanent loss of value if the market for them collapses. The price and value of NFTs and digital rewards can be volatile and difficult to predict, and they may fluctuate significantly relative to government-issued currency, potentially leading to significant losses in a short amount of time. XODEX does not provide any guarantees or warranties regarding the value of any NFT, digital reward, or blockchain, including the XODEX chain and XODEX Reward. The user should be aware that there is no guarantee that any NFT or blockchain reward will increase in value, and they may have no value, decrease in value, or lose all value entirely. 8.4. Regulatory Risk. Changes in legislation and regulation at the state, federal, or international level may negatively impact the use, transfer, exchange, and value of virtual NFTs and blockchain rewards. Many jurisdictions have yet to clearly establish the regulatory status of cryptographic tokens, digital assets, and blockchain technology. It is uncertain how or if governmental authorities will choose to regulate these technologies, and it is also uncertain if any changes will be made to current laws, regulations, and rules that could impact cryptographic tokens, digital assets, blockchain technology, and their applications. These potential changes could have negative effects on the XODEX Services, such as the possibility of being classified as regulated financial instruments that require registration. In the event that governmental actions make it illegal or undesirable for business purposes to continue distributing cryptographic tokens, digital assets, or operating the XODEX Games platform, XODEX may choose to halt distribution, development, or operations in a particular jurisdiction. As XODEX operates in a relatively new industry, it may be subject to increased oversight and scrutiny, including the possibility of investigations or enforcement actions. It is not certain that XODEX will not be examined or face enforcement actions from governmental, regulatory, or other authorities, including those in the banking industry. Governmental activities, whether targeted at XODEX specifically or not, may result in judgments, settlements, fines, or penalties for XODEX. These actions could damage XODEX reputation or lead to increased operational costs, which could have a negative impact on the XODEX Services. XODEX may also need to restructure its operations or cease offering certain products or services as a result of these governmental activities. 8.5 Technology Risk. Transactions involving virtual NFTs and digital rewards may be irreversible, and it may not be possible to recover losses due to fraudulent or accidental transactions. These types of virtual transactions may be recorded on a public ledger when they are deemed to be made, rather than at the time the user initiates the transaction. This feature of virtual transactions may increase the risk of fraud or cyberattacks. 8.6 Changes to XODEX Node Network. XODEX and the user acknowledge that amendments may be made to the XODEX Node Network from time to time. XODEX will present proposed amendments (the "Proposed Amendments") to the Node Network for a vote on whether to implement them or not (the "Governance Vote"), and both XODEX and the user agree to this process. XODEX has the right to make Proposed Amendments at its own discretion and is not required to consider the User's best interests when making such proposals. It is possible that XODEX may propose an amendment that is not in the User's best interests or even directly opposed to them, such as a change in the distribution calculation. The User agrees that they have no legal means to challenge XODEX if a Proposed Amendment is approved and implemented through the Governance Vote, even if it is not in the User's best interests. If the User disagrees with a Proposed Amendment, their only option is to vote against it. XODEX and the User both acknowledge that a Proposed Amendment may involve changing the Specifications, such as the internet connection, RAM, CPU requirements, and other specifications necessary to run the Nodes. These Specifications may be minimal at the start of this Agreement, but they may be modified through Proposed Amendments and the Governance Vote. While XODEX ensures that the XODEX Node will always be able to be run using the current Specifications, it cannot guarantee that rewards earned for doing so will not change through Proposed Amendments.
9. DISCLAIMER
XODEX, its affiliates, and its suppliers do not provide any warranties other than those specifically mentioned in these terms and conditions. This includes any express, implied, statutory, or other warranties, such as warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. The deletion, failure to store, or loss of any user data, including blockchain data, NFT and digital rewards derived, maintained, or transmitted through the use of XODEX services, is not the responsibility or liability of XODEX, its affiliates, or its suppliers. The user is fully responsible for securing their customer data and digital rewards. XODEX, its affiliates, and its suppliers cannot guarantee that the operation of XODEX Services, XODEX chain, or any other supported blockchain will be free of errors or interruptions. XODEX, its affiliates, and its suppliers cannot be held responsible or liable for any losses or opportunity costs resulting from issues with the blockchain network and protocol or third-party software, which may lead to the inability to process transactions on any blockchain or the incurrence of substantial fees.
10. LIMITATION OF LIABILITY
10.1. Limitation of Indirect Liability. To the fullest extent allowed by law, XODEX and the user shall not be held liable under these terms and conditions for lost revenues, opportunity costs, or indirect, special, incidental, consequential, exemplary, or punitive damages, even if XODEX knew or should have known that such damages were possible and even if direct damages do not provide a sufficient remedy. This limitation of liability does not apply to violations of XODEX intellectual property rights, indemnification obligations, or the user's payment obligations. 10.2. Limitation of Amount of Liability. To the fullest extent allowed by law, neither XODEX nor its affiliates or suppliers can be held liable under these terms and conditions for more than the amount paid by the user to XODEX under these terms and conditions for the 12 month period preceding the date the claim arose, minus any rewards generated or received by the user as a result of the use of XODEX Services.
11. INDEMNIFICATION
The User agrees to defend and indemnify XODEX and its affiliates against any settlement amounts, damages, and costs that may be awarded against them by a court of competent jurisdiction in any formal legal proceeding filed by an unaffiliated third party, if such proceeding arises from the User's use of XODEX Services. This indemnification requirement will apply unless it is prohibited by applicable law.
12. MISCELLANEOUS.
12.1. Assignment. The User is not allowed to assign or transfer their rights and responsibilities under these terms and conditions without the written permission of XODEX, which can be denied at their discretion. Any attempts to do so will be invalid. XODEX has the right to assign any of their obligations, rights, and these terms and conditions to others at any time without needing the User's consent. However, these terms and conditions will still apply to the User and their permitted successors and assigns. The User is not allowed to combine these terms and conditions with any other agreements that XODEX may be a part of. 12.2. Third-Party Communications. XODEX is not responsible for any communication that you receive from third parties in connection with the Platform, whether directly or indirectly, and any actions you may take or refrain from taking as a result of these communications. It is the responsibility of the user to assess and verify the identity and trustworthiness of the source and content of these communications. XODEX does not verify the identity or trustworthiness of the source or content of these communications and makes no representation or warranty in this regard. 12.3. Disputes. Any disagreement, dispute, difference, or claim arising from or related to these Terms & Conditions or in any way connected to the use of XODEX sites or XODEX Services, including but not limited to the existence, validity, interpretation, performance, breach, or termination of these Terms & Conditions, or any non-contractual obligations arising from or related to these Terms & Conditions, may be resolved through mediation before a single mediator. The parties may agree on a location for the mediation. XODEX will not be liable for any losses occurred by purchasing, holding, or operating a node. 12.4. Entire Agreement. The terms and conditions set forth in this document represent the entire agreement between the parties and supersede all previous agreements concerning its subject matter. Neither party has relied on any statements, representations, or warranties outside of these terms and conditions in entering into this agreement. These terms may be updated on XODEX websites. 12.5. Force Majeure. XODEX and its affiliates cannot be held responsible for any inability to fulfil their obligations under these Terms & Conditions if such failure or delay is caused by circumstances beyond their control, such as natural disasters, labor disputes, power outages, telecommunications failures, government actions, terrorism, or war. In addition, Force Majeure events, including updates to blockchain validation rules (such as hard or soft forks), are also not the responsibility of XODEX and its affiliates. 12.6. Governing Law. Any legal dispute or claim arising from or related to the use of XODEX sites, services, or these Terms & Conditions by the user will be governed by the laws of the registered business address. Any and all communications and notifications related to these Terms & Conditions must be in English. In the event that a translation of the English version of these Terms & Conditions is provided, the English version shall take precedence in the case of any discrepancies or conflicts. 12.8. Notices to the User and XODEX. XODEX may give notice to the user according to these Terms & Conditions in one of the following ways: (1) by posting a notice on the XODEX website, or (2) by sending a message to the email associated with the user's account. Notifications posted on the XODEX website will take effect immediately upon posting, and notifications sent via email will be effective as soon as they are sent. It is the user's responsibility to ensure that their email address is up to date. To provide notice to XODEX under these Terms & Conditions, the user must contact XODEX at xo@xo-dex.com. XODEX may update the notice address by posting it on the XODEX website. 12.9. Severability. If any part of these Terms & Conditions is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.