10. General Provisions

10.1. User’s General Obligation: You must comply with all applicable laws, regulations, licensing requirements and third-party rights (including, without limitation, data privacy laws and anti-money laundering and countering the financing of terrorism laws) in your use of the Services and the Site.

10.2. XREX does not offer any legal or financial advice. You should do your own research and consult professional advisors before using our Services.

10.3. Limited Licence: We grant you a limited, revocable, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site and XREX Materials solely for approved purposes as permitted by us from time to time. Any other use of the Site or XREX Materials is expressly prohibited and all other rights, title, and interest in the Site or Content is exclusively the property of XREX and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

10.4. These Terms, as well as any attached jurisdiction annexes and/or product schedules (together “Annex”) (if any), will apply to your use of the Services. Please take the time to read and understand these Terms before using the Services so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.

10.5. Modification of Terms: XREX reserves the right to modify these Terms at any time and at XREX’s discretion. XREX will provide notification of modification of these Terms either by sending you an email, by updating the “Last Updated” presented at the top of these Terms of Service, or by a pop-up window in the Mobile App. By clicking the button or a check box presented with these Terms or other methods that manifest your consent, you agree to be bound by the updated or modified Terms. If you do not agree to any modification of the Terms, you must stop using the Services. It is your responsibility to review these Terms from time to time. Any questions related to these Terms can be directed to our support team via our Intercom chat.

10.6. Hardware and Software Requirements

It is your responsibility to make sure that you have the requisite hardwares and softwares, including stable and secured internet, to access the Services and communicate with XREX.

10.7. Exercise Your Right

10.7.1. Shall you have any issues, questions, feedback, or comments on the Services or these Terms, you can contact XREX via the Intercom chat on the Site or Mobile App, or send an email to support@xrex.io.

10.7.2. Consent to Electronic Delivery: You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that we provide in connection with this Agreement, your account, or any Services.

10.7.3. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at our Intercom chat or by sending an email to support@xrex.io. If you decline or withdraw consent to receive electronic Communications, we may suspend or terminate your use of the Services.

10.7.4. Requesting Paper Copies

10.7.4.1. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication that we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting us at our Intercom chat.

10.7.4.2. In order for us to send paper copies to you, you must have a current street address on file with us. Please note that our Services operate exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you agree that we may charge you a processing fee and all relevant costs of your request.

10.8. XREX Affiliates and Contractors: An “Affiliate” is, concerning a legal entity, another legal entity that controls, is under common control with or is controlled by the first legal entity. The Site and any Services may be operated or provided by XREX, its Affiliates, or their respective contractors. To the extent that an Affiliate of XREX Inc., or contractor of XREX, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever XREX's name occurs in these Terms.

10.9. Non-waiver: XREX’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

10.10. Severability: The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

10.11. Force Majeure: XREX has no responsibility or liability for any failure or delays in the performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of XREX, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, the action of government, communications, power failure, or equipment or software malfunction.

10.12. Assignment: You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. XREX may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

10.13. Separately Negotiated Arrangements

10.13.1. From time to time, XREX may, subject to applicable laws and regulations and as determined by we in our sole discretion, enter into separately negotiated arrangements with certain XREX users pursuant to a confidential similar agreement that supplements certain of the economic or other terms of this Agreement, in each case solely as applicable to that user’s relationship with XREX and use of the Services. Such arrangements may involve, among other matters: (i) different incentives, including, but not limited to, different economic, funding, and/or fee terms, or other payments; and (ii) the ability to receive additional or customized market information not generally available to other users.

10.13.2 Any such separately negotiated arrangements will be entered into based on factors or considerations determined by us to be relevant in our sole discretion, and arrangements or terms offered to one XREX user, generally are not available to all, or even any, other users. You further agree and understand that the validity of or enforceability of these Terms under this Agreement entered into by and between you and XREX, shall not be affected by the existence of or the terms and conditions of any separately negotiated arrangement with any user of XREX.

10.14. Interpretation:

10.14.1. Where XREX has provided a translation of the English language version of these Terms (the “English Version”) for your convenience, the English Version governs the relationship between you and XREX. In the event of any conflict between the English Version and a translation thereof, the provisions in the English Version shall take precedence over any other translation.

10.14.2. Headings: Headings of sections are for convenience only and shall not be used to limit or construe such sections.

10.14.3. Entire Agreement; Order of Precedence: These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between you and XREX regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with XREX, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.

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