Terms of Use
Last Updated on 23/04/2024.
THE X10 INTERFACE, AS DEFINED HEREIN, IS NOT ACCESSIBLE TO INDIVIDUALS OR ENTITIES RESIDING IN, LOCATED IN, INCORPORATED IN, OR WITH A REGISTERED OFFICE IN ANY COUNTRY LISTED AS RESTRICTED ON THE X10 WEBSITE, WHICH MAY BE UPDATED PERIODICALLY (REFERRED TO COLLECTIVELY AS 'RESTRICTED PERSONS'). NO EXCEPTIONS ARE MADE; THUS, IF YOU ARE CLASSIFIED AS A RESTRICTED PERSON, YOU ARE PROHIBITED FROM ATTEMPTING TO ACCESS THE X10 INTERFACE. ADDITIONALLY, CIRCUMVENTING THESE RESTRICTIONS USING A VIRTUAL PRIVATE NETWORK (‘VPN’) IS EXPRESSLY FORBIDDEN.
These Terms of Use, along with any documents and additional terms expressly incorporated by reference (collectively referred to as "these Terms"), which include any other terms and conditions or agreements that X10 Trading Inc. and its affiliates ("X10," "we," "us," and "our") make publicly available or provide to you or the company or other legal entity you represent ("you" or "your"), govern the agreement between X10 and you regarding your access to and use of:
X10’s websites, including X10.exchange; web applications; mobile applications; and all associated sites linked by X10 (hereinafter collectively with any materials and services available therein, and successor website(s) or application(s) thereto, referred to as the "Site");
All products and features available through the Site, including the order book, matching engine, smart contracts, decentralized applications, APIs, and all other software developed by X10 or a third party for trading blockchain-based assets ("Digital Assets"). This encompasses entering into perpetual contracts ("Perpetual Contracts") related to Digital Assets and the computation and scalability service known as “StarkEx” (the "StarkEx Service") (collectively referred to as the "Interface").
Please read these Terms carefully as they govern your use of our Services. These Terms specifically outline your rights and obligations, along with our disclaimers and limitations of legal liability, concerning your access to and use of the Services. By accessing the Site, creating an X10 account, and agreeing to use our Services, you are explicitly agreeing to these Terms and consent to be bound by and adhere to them. If you do not agree with these Terms, you are required not to access or use the Services. We strongly advise you to review the disclosures and disclaimers detailed in Section 12 thoroughly before using any software developed by X10.
Section 12 contains important information regarding the legal responsibilities tied to your use of the Services. By accessing or using the Services, you acknowledge that X10 does not offer execution, settlement, or clearing services of any kind and is not liable for the execution, settlement, or clearing of transactions conducted through the Services. This understanding is essential for ensuring that you are fully aware of the nature of the services provided by X10.
1. MODIFICATIONS TO THESE TERMS
We reserve the right to amend these Terms at our sole discretion. Should there be any changes, we will notify you, either through the Services or by updating the "Last Updated" date at the top of these Terms. Unless specified otherwise in our notice, all modifications take effect immediately. Your continued use of the Services after we provide this notice constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must cease using the Site and the Services.
2. USE OF SERVICES
2.1 As a prerequisite to accessing or utilizing the Services, you affirm and warrant to X10 the following conditions:
If you are an individual agreeing to these Terms, you certify that you are legally of age within your jurisdiction and possess the requisite legal capacity to enter into and be governed by these Terms.
If these Terms are being entered on behalf of an entity, you confirm that you hold the authority to legally bind that entity to these Terms. In this context, “you” refers to that entity, except as specified in this clause.
Should you be engaging with these Terms to access or intend to access the Interface in the future, you assert that you are neither a Restricted Person nor accessing the Interface from any nation outlined in our Restricted Countries list.
You declare that you are not subject to any economic or trade sanctions managed or enforced by any governmental authority, nor are you identified on any list of prohibited or restricted parties.
You have no intentions of engaging in transactions with any Sanctioned Persons.
You will refrain from using a VPN or any other privacy or anonymization techniques to evade or attempt to evade any applicable restrictions on the Services.
Your engagement with the Services (a) complies with and does not infringe upon any applicable domestic or international laws, rules, statutes, regulations, by-laws, orders, protocols, codes, decrees, or other governing directives, requirements, or guidelines, as well as any rules, orders, judgments, directives, or requirements issued by any relevant governmental, regulatory, judicial, or administrative authority, and (b) does not promote or facilitate any illegal activities.
2.2 As a condition of accessing or using the Services, you must acknowledge, understand, and consent to the following stipulations:
Occasionally, the Services may be inaccessible or non-operational due to various factors including: (a) equipment malfunctions, technology or infrastructure issues; (b) routine maintenance carried out by X10 or our suppliers or contractors; (c) unforeseeable or uncontrollable factors beyond X10's control; (d) interruptions or the temporary or permanent unavailability of underlying blockchain infrastructure; or (e) the unavailability of third-party service providers or external partners for any reason. X10 disclaims all responsibility and liability for any losses or other damages resulting from such circumstances.
We retain the right to modify or disable access to the Services at any time in the event of a breach of these Terms. This includes situations where we suspect that any of your representations and warranties may be false or misleading. We will not be liable for any losses or damages you may incur as a result of the Services being inaccessible to you at any time or for any reason.
The Services may undergo evolution, which may lead X10 to apply changes, replace, or discontinue the Services either temporarily or permanently at our sole discretion.
The pricing information and other data provided on the Site should not be interpreted as (i) an offer, a solicitation of an offer, or a recommendation to engage in a transaction with X10 (except for the payment of fees to X10) or (ii) any transactional advice using the Site and Services.
X10 does not act as an agent for you or any other user of the Services.
You are solely responsible for your use of the Services, including all transactions involving Digital Assets.
To the extent permitted by applicable law, we owe no fiduciary duties or liabilities to you or any third party. Any such duties or liabilities that may exist by law or equity are hereby irrevocably disclaimed, waived, and eliminated.
You bear sole responsibility for reporting and remitting any taxes applicable to your use of the Services.
We do not control, nor are we liable for, the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party. We are not responsible for ensuring that a transaction with a third party is completed or that such a party is authorized to transact.
We may occasionally organize contests, promotions, sweepstakes, or other activities, or offer referral programs ("Promotions and Referrals"), which may be subject to separate terms and conditions and eligibility requirements. It is your responsibility to review all terms and conditions related to these Promotions and Referrals to determine your eligibility. Participation in these activities implies your agreement to comply with all related terms and conditions and rules, as well as those of any third-party partners.
Should you receive discounts on fees from any Promotions and Referrals that do not have separate terms and conditions, X10 reserves the right to modify, add to, or eliminate such discounts and other aspects of the Promotions and Referrals at any time.
2.3 As a condition for accessing or using the Services, you agree to the following commitments to X10:
You will only transfer Digital Assets that you have legally obtained and that belong to you in the course of using the Services.
You will adhere to all applicable laws while using the Services, and you will refrain from using the Services if the laws of your country, or any other relevant legal requirements, prohibit such use.
Any Digital Assets you engage with in connection with the Services are either your own property, or you have proper authorization to manage transactions using such Digital Assets.
In addition to adhering to all restrictions, prohibitions, and conditions outlined in these Terms, you will also: (a) Ensure that all information you provide on the Site and throughout your use of the Services remains current, complete, and accurate at all times. (b) Maintain the security and confidentiality of all your access tools, including your private keys linked to your public Ethereum address, passwords, API keys, and private keys associated with your StarkEx Service account (STARK keys), among other credentials.
2.4 As a prerequisite for accessing or using the fiat-to-crypto and crypto-to-fiat services ("On-and-Off Ramp Services") offered by an unaffiliated third-party provider, you acknowledge, understand, and agree to the following stipulations:
The On-and-Off Ramp Services are provided directly by the third-party service provider and are not facilitated by X10.
Any transactions related to the purchase or sale of cryptocurrency in exchange for value (including fiat, cryptocurrency, and loans) with On-and-Off Ramp Services will only occur once you have exited the Site and the Services.
All transactions involving the transfer of value (including sending, receiving, and holding value) will take place directly between your wallet address and the third-party On-and-Off Ramp Services provider.
Restricted Persons are not permitted to use the Interface, and thus, the On-and-Off Ramp Services are not available to any Restricted Persons in relation to the Interface.
Any information you provide to the third-party On-and-Off Ramp Services provider, including payment or KYC details, will not be shared with X10.
You agree to release X10 from any liability concerning any transactions or transmissions between you and the third-party On-and-Off Ramp Services provider.
3. FEES
When you use the Services, unless otherwise stated during a promotion by X10, you are required to cover all fees associated with interactions on the Ethereum blockchain, such as "gas" costs for deposits and withdrawals, as well as other fees like trading fees, as listed on the Site at the time of your usage. Although we make every effort to provide accurate fee estimates, please be aware that these are still estimates. The actual fees you pay may differ from these estimates due to fluctuations in Ethereum "gas" costs or other variables
4. NO PROFESSIONAL ADVICE OR FIDUCIARY DUTIES
All information provided in relation to your access to and use of the Services is solely for informational purposes and should not be interpreted as professional advice. You should neither act nor refrain from acting based on any information available on the Site or any other content we provide, including but not limited to blog posts, data, articles, links to third-party content, Discord content, news feeds, tutorials, tweets, and videos. Prior to making any decisions involving financial, legal, or other significant issues related to the Services, you should consult with a professional who is licensed and qualified to provide advice in the relevant area. The Terms do not create or imply any fiduciary duties on our part. You acknowledge and agree that the only duties and obligations we owe to you are those explicitly stated in these Terms.
5. PROHIBITED ACTIVITY
You are prohibited from engaging in the activities listed below (“Prohibited Uses”) while using the Services. The activities specified are indicative, but not exhaustive, of Prohibited Uses. If you are unsure whether your usage of the Services constitutes a Prohibited Use, or if you have questions about how these regulations apply to you, please contact us at legal@ex10.org. By using the Services, you agree not engage in any of the following Prohibited Uses:
Violating any applicable laws, including anti-money laundering, anti-terrorist financing laws, and sanctions programs.
Engaging in transactions involving items that infringe or violate copyright, trademark, right of publicity or privacy, or any other proprietary right under applicable law. This includes unauthorized use of X10’s or our licensors’ intellectual property, name, or logo; or any actions that falsely imply an endorsement by or affiliation with X10.
Engaging in improper or abusive trading practices. This includes, but is not limited to: (a) any fraudulent activities intended to defraud, deceive, trick, or mislead; (b) trading ahead of another user of the Services or front-running; (c) engaging in fraudulent trading; (d) accommodation trading; (e) conducting fictitious transactions; (f) pre-arranging or participating in non-competitive transactions; (g) cornering or attempting to corner any perpetual contracts; (h) wash trading, which involves entering buy and sell orders at approximately the same price, volume, and time to artificially generate trading volume; (i) manipulating the market price of a perpetual contract or its underlying digital asset to create an artificial price; (j) spoofing, or placing buy or sell orders without a genuine intent to transact, with plans to cancel before execution; (k) executing orders that result in no net change in either party's open positions but result in a profit for one party and a loss for the other, known as a "money pass"; (l) engaging in any other trading activities that, in the reasonable judgment of X10, are considered abusive, improper, or disruptive to the operation of the Interface.
Operating the Services in ways that could interfere with others' ability to enjoy them fully, or that could harm, overload, damage, or impair the functionality of the Site or the Services.
Bypassing any content-filtering techniques, security measures, or access controls implemented by X10 on the Site, including through the use of VPNs.
Using robots, spiders, crawlers, scrapers, or other automated methods or interfaces not provided by us to access the Services, extract data, or introduce harmful elements like malware, viruses, Trojan horses, worms, logic bombs, drop-dead devices, backdoors, or shutdown mechanisms into the Site or Services.
Providing information that is false, inaccurate, or misleading while using the Services, or engaging in fraudulent activities against X10, other users, or any other individuals.
Using or accessing the Services to transfer or exchange Digital Assets derived from any illegal or fraudulent activities, including terrorism or tax evasion.
Using the Services in ways that, at our sole discretion, we find to be defamatory, libelous, obscene, indecent, lewd, vulgar, suggestive, harassing, threatening, inflammatory, fraudulent, deceptive, or in any way objectionable, or that could incite, promote, or encourage hate, violence, or racial intolerance.
Accessing the Services from any jurisdiction that X10 has identified, at our sole discretion, as a prohibited location where the use of our Site, the Interface, or the Services is not allowed, including any Blocked Countries or Restricted Territories.
Harassing, abusing, or harming another individual, including employees and service providers of X10.
Impersonating another user of the Services or misrepresenting your identity in any way.
Engaging, or attempting to engage, or assisting or encouraging any third party to partake in any activities that are prohibited under this Section 5 or any other provisions of these Terms.
We reserve the right, at our sole discretion, to deny access to the Services if a Know Your Transaction (KYT) risk assessment indicates that an engagement poses a risk beyond our company's risk tolerance or violates our internal policies and procedures. This measure is implemented to uphold the integrity and security of our Services for all users.
6. CONTENT
By utilizing our Site or Services, you provide us with a royalty-free, fully paid, sublicensable (across multiple tiers), transferable, perpetual, irrevocable, and non-exclusive global license to use, replicate, modify, create derivatives from, display, perform, publish, and distribute any content that you share with other users (collectively referred to as "Your Content"). This license also includes the right to use Your Content for promoting X10 or the Services. You affirm and guarantee that (a) you possess Your Content or have secured the necessary rights to grant the licenses and rights outlined in these Terms, and (b) our use of Your Content, as authorized under these Terms, does not and will not infringe on the rights of any third party, including copyright, privacy, or other personal or proprietary rights.
7. PROPRIETARY RIGHTS
7.1. You agree that specific components of the Services might incorporate or connect to open-source software, and your usage of the Services is bound by, and you agree to adhere to, all relevant open-source licenses governing such components (hereafter referred to as the “Open-Source Licenses”). In compliance with these licenses, you are prohibited from (a) reselling, leasing, loaning, sharing, distributing, or allowing any third party to utilize the Services; (b) using the Services for time-sharing or service bureau purposes; or (c) using the Services in any way that contravenes the Open-Source Licenses.
7.2. Excluding third-party software incorporated into the Services, X10 retains ownership of the Services, including all technologies, content, and other materials presented, used, or provided on the Site or in association with the Services (including all intellectual property rights contained therein, irrespective of their status under the Open-Source Licenses). X10 grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use those parts of the Site and Services that are proprietary to X10 and not covered by the Open-Source Licenses.
7.3. All trademarks related to X10’s products or services, including logos and other marks that appear on the Site or as part of the Services, such as X10’s name and logo, are owned by X10 or our licensors. You are forbidden from copying, imitating, or using them without the explicit prior written approval from X10 or the respective licensors. This agreement does not confer any rights to these trademarks, and you must not remove, conceal, or modify any legal notices shown in or along with the Site or Services.
7.4. The Services are non-custodial. Depositing Digital Assets into any smart contract available on the Interface does not transfer ownership of the Digital Assets to X10, and you maintain control over your Digital Assets at all times. Only the private key linked to the Ethereum address from which you transfer Digital Assets, or the private key linked to your StarkEx Service account (STARK key), has the authority to control the Digital Assets you deposit into the smart contracts available on the Interface.
8. LINKS
The Services or third parties may provide links to other websites, applications, or resources on the World Wide Web. You acknowledge and agree that X10 is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not liable for any content, advertising, products, or materials on or available from such sites or resources. You further acknowledge and agree that X10 will not be liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any external site or resource.
9. MODIFICATION, SUSPENSION, AND TERMINATION
We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Services (or any part thereof), temporarily or permanently, at any time and from time to time, with or without notice to you, for any reason whatsoever, including but not limited to reasons that may allow only open Perpetual Contracts to be closed. Should your access be terminated, your right to use the Services will immediately cease. We will not be liable for any losses you suffer due to any modification, suspension, or discontinuance of the Services, or due to any modification, suspension, or termination of your access to the Services for any reason.
The following sections of these Terms will survive any termination of your access to the Site or the Services, regardless of the reason for its expiration or termination, as well as any other provision which by law or by its nature should survive.
10. RISKS
10.1. By using the Services, you acknowledge and agree that you fully understand the risks associated with blockchain technology and cryptographic systems. These risks include those related to digital assets such as Ethereum (ETH), smart contract-based tokens, and other systems that operate within blockchain networks. X10 does not control or own any of the software that forms the basis of these blockchain networks. It's important to note that:
X10 is not responsible for managing the blockchain-based software and networks that support the Services.
There is no assurance regarding the functionality, security, or availability of such software and networks.
Blockchain networks may undergo sudden changes in their operational rules, commonly known as "forks," which can significantly impact the Services.
Blockchain technologies rely on public and private key cryptography, where you are solely responsible for the security of your private keys. We do not possess access to your private keys. Loss of control over your private keys will result in the permanent and irreversible loss of access to your digital assets stored on blockchain networks such as Ethereum. If you lose your private keys:
You will be unable to transfer your digital assets to another blockchain address or wallet.
Consequently, you may lose all potential value or utility of your digital assets, as neither X10 nor any other entity can recover or safeguard them for you.
10.2. You acknowledge and understand that the Services, as well as your Digital Assets, may be affected by regulatory inquiries or actions. Such regulatory measures could restrict or impede X10's ability to continue providing our proprietary software, and may also limit your access to or use of the Services. It is important to be aware of the potential legal challenges that could influence your interactions with the platform and the management of your assets.
10.3. You acknowledge and understand that cryptography is an evolving field, with new advancements such as enhanced code-cracking techniques and the development of quantum computers posing potential risks to Digital Assets and the Services. These technological advancements could lead to the theft or loss of your Digital Assets. While we strive to regularly update the smart contracts on the Interface to incorporate the latest in cryptographic security measures, we must clarify that these updates cannot guarantee the complete security of the Services. Such efforts are intended to mitigate risks associated with technological progress, but they do not eliminate all potential vulnerabilities.
10.4. You understand that the Ethereum blockchain is still under development, which introduces certain technological and security risks when using the Services. This ongoing development can also lead to uncertainties regarding Digital Assets and their transactions. Additionally, you acknowledge that the costs associated with transacting on the Ethereum blockchain are variable and can increase without warning. Such increases may affect your activities on the blockchain, potentially leading to price fluctuations or higher costs when using the Services. This variability is an inherent risk of engaging with blockchain technology in its developmental stages.
10.5. You recognize that the Services, like any software, are not free from flaws. You accept that it is your responsibility to evaluate any code related to the Services before use. This evaluation is crucial to understanding and mitigating potential risks associated with software defects or vulnerabilities.
10.6. The APIs provided through the Services are offered on an "as is" and "as available" basis. We expressly disclaim any and all representations and warranties related to the APIs, whether express or implied, to the fullest extent permitted by law. This includes, but is not limited to, warranties of accuracy, completeness, reliability, service levels, timeliness, non-infringement, title, quality, merchantability, or fitness for a particular purpose. By using these APIs, you acknowledge that you bear all risks associated with their use, including any reliance on their accuracy, completeness, or usefulness.
10.7. To the extent permitted by law, we shall not be liable for any losses or damages you or any third party may incur, whether in contract, tort (including negligence), restitution, or breach of statutory duty, relating to the use or inability to use the APIs. This includes, but is not limited to, any loss or inaccuracy of data, costs, indirect, incidental, or consequential damages such as lost revenues and lost profits arising from your or any third party's use of the APIs, whether authorized or not. It is important to note that you are responsible for any actions or omissions of any third party or API client that you authorize to use the APIs.
Your API Key serves as our primary method of verifying your access to the API. You must ensure the security of your API Key, as you will be solely responsible for any breaches or compromises resulting from it. We will not be liable for carrying out any instructions or commands that may be issued using your API Key by any unauthorized third party. You must notify us immediately if you become aware of any unauthorized use of the APIs or the Service Data through your API Key.
10.8. Using the Services, especially for trading Perpetual Contracts, involves significant financial risk. Both Digital Assets in general and Perpetual Contracts specifically are experimental, highly risky, and volatile. All transactions made through the Services are irreversible, final, and non-refundable. By using the Services, you acknowledge that you do so at your own risk, and it is essential to assess whether your financial situation and risk tolerance are suitable for such trading activities. When you use the Services, you confirm that you are solely responsible for performing your own risk assessments concerning any transactions and the Digital Assets involved, including Perpetual Contracts. You must have the requisite market knowledge, professional advice, and experience to assess the risks and benefits of any transactions accurately. You accept all consequences of using the Services, including the potential permanent loss of access to your Digital Assets. All transaction decisions are entirely your responsibility. Despite any contrary terms, we are not liable for any losses or damages that you or any third party may incur from using the Services to engage in Digital Asset transactions, including Perpetual Contracts.
10.9. We are obligated to comply with all applicable laws, which may necessitate certain actions or the provision of information upon request by government agencies. You acknowledge and understand that X10 has the discretion to take any measures it considers necessary to cooperate with government entities or to adhere to legal requirements.
10.10. You understand that the StarkEx Service is still under development, which introduces various technological and trading risks when using the Services. These risks can include delays in trades, withdrawals, and deposits due to X10 servers or the operators of the StarkEx Services being offline. Additionally, there may be inaccuracies such as incorrect information displayed on the site due to server errors, or even transactions being rolled back if server errors occur. You acknowledge that these issues can significantly affect your transactions using the Services, potentially preventing transactions from being completed at your desired prices or at all.
10.11. You understand that you are responsible for all trades you initiate, including any erroneous orders that may be executed. We do not intervene or take any action to correct erroneous trades that occur due to your mistakes.
10.12. By using the Services, you accept and assume all risks detailed in Sections 10 and 2 of these Terms. You acknowledge and agree that X10 is not responsible or liable for any of these risks. You irrevocably waive, release, and discharge all claims, whether currently known or unknown to you, against X10 and its shareholders, members, directors, officers, employees, agents, representatives, suppliers, and contractors ("Representatives") related to any risks mentioned in Sections 10 and 2.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless X10 and our Representatives (collectively, "Indemnified Parties") from any claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use of, or conduct in connection with, the Services; (b) Digital Assets associated with your Ethereum address; (c) any feedback or user content you provide to X10 regarding the Services; (d) your breach of these Terms; or (e) your violation or misappropriation of any third party's rights. Should you be required to indemnify any Indemnified Party, X10 (or, at our discretion, the relevant Indemnified Party) reserves the right to exclusively control any action or proceeding and to decide if and how to settle the dispute. You are also required to cooperate with X10 in defending against these claims.
12. DISCLOSURES AND DISCLAIMERS
12.1. X10 develops software but does not operate a Digital Asset or derivatives exchange platform, nor does it offer trade execution or clearing services. X10 has no oversight, involvement, or control over your transactions using the Services. All transactions between users of the Interface are conducted peer-to-peer directly between the users’ Ethereum addresses via a smart contract. You are solely responsible for ensuring compliance with all Applicable Laws regarding your Digital Assets.
12.2. X10 is not registered or licensed by any regulatory agency or authority, and no such body has reviewed or endorsed the Services.
12.3. To the maximum extent permitted under Applicable Law, the Services and any related content or functionality are provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim, and you waive, any representations, conditions, or warranties of any kind, whether express or implied, legal, statutory, or arising otherwise from statute, law, course of dealing, or usage of trade. This includes, but is not limited to, warranties of merchantability, quality, fitness for a particular purpose, title, security, reliability, accuracy, quiet enjoyment, and non-infringement of third-party rights. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free, nor do we warrant that any defects in the Services will be corrected.
12.4. You acknowledge that data you provide while using the Services may be lost, corrupted, or temporarily unavailable due to various factors, including technical failures, protocol changes by third-party providers, or force majeure events. To the maximum extent permitted by law, we are not liable for any loss or damage caused by such occurrences, which may affect the Services and your use thereof.
13. LIMITATION OF DAMAGES; EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES
13.1. You agree that neither X10 nor any of its Representatives shall be liable for any loss or injury resulting from: (i) delays, inaccessibilities, or malfunctions in equipment or technology; (ii) periodic maintenance or repairs undertaken by X10 or its suppliers or contractors; (iii) events beyond X10’s reasonable control or unforeseeable events; (iv) disruptions or the unavailability of the underlying blockchain infrastructure; or (v) the unavailability of third-party service providers or external partners for any reason. X10 and its Representatives will not be obligated to cover or reimburse any damages or losses resulting from the aforementioned scenarios. You acknowledge and accept all risks of loss from these events, agreeing to bear them solely.
13.2. In no event will X10, its suppliers, contractors, or any of their respective stockholders, members, directors, officers, employees, attorneys, agents, or representatives be liable for any incidental, indirect, special, punitive, consequential, or similar damages arising from or connected with the Services, including but not limited to loss of fiat, assets, data, revenue, opportunities, goodwill, profits, or other financial benefits. This applies whether the damages arise from use of the Services, transaction execution or settlement, performance or non-performance of the Services, and regardless of the legal theory of liability (contract, tort including negligence, strict liability, breach of warranty, civil liability, or any other legal theory). This exclusion applies even if X10 has been advised of, knew, or should have known the possibility of such damages. These limitations apply notwithstanding any failure of essential purpose of these Terms or any remedy.
14. LIMITATION OF LIABILITY
Notwithstanding any other provision in these Terms, if X10 or any associated party is deemed liable under these Terms, the total liability of X10 (along with our equity owners, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, and contractors) related to your use of the Services (including their content and functionality), any performance or non-performance of the Services, your Digital Assets, Perpetual Contracts, or any other product, service, or item provided by or on behalf of X10, regardless of whether the claim arises under contract, tort (including negligence), civil liability, statute, strict liability, or another theory of liability, shall not exceed the total amount of fees you have paid to X10 under these Terms within the two (2) months immediately preceding the event that gave rise to the claim.
15. DISPUTE RESOLUTION AND GOVERNING LAW
15.1. You and X10 agree that any disputes arising from or related to these Terms or the Services will be handled on an individual basis and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
15.2. Before filing any formal legal action, you agree to attempt to resolve any dispute with X10 informally. To initiate this process, you must send a written notice of your claim ("Notice") to X10 by email at legal@ex10.org. Your Notice must include: (a) your name, residential address, email address, and telephone number; (b) a detailed description of the nature and basis of the claim; and (c) the specific relief or resolution you are seeking.
16. GENERAL INFORMATION
16.1. Please review our privacy policy for details on how we collect, use, share, and process your information. This policy is incorporated by reference and can be found at https://X10.exchange/privacy/.
16.2. You agree to receive all communications related to these Terms or the Services electronically. These may include agreements, documents, receipts, notices, and disclosures, collectively termed as "Communications". We may provide Communications by posting them on the Site or by emailing them to the address you provided. It is recommended that you keep copies of all Communications, either by printing or storing electronically. For any inquiries, complaints, or claims related to the Services, please contact us at legal@ex10.org.
16.3. The rights and remedies available to X10 under these Terms are in addition to, and not a substitute for, any other rights or remedies provided under applicable law, or recognized by common law or equity. No failure or delay by X10 in exercising any right, power, or privilege under these Terms shall act as a waiver of such rights.
16.4. If any provision of these Terms is found to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions, which will continue to be in full force and effect.
16.5. We are not responsible or liable for any failure or delay in the performance of the Services, or for any loss or damage you may incur, resulting from circumstances or events beyond our control. This includes, but is not limited to, natural disasters like floods and earthquakes, extraordinary weather conditions, other acts of God, fires, wars, insurrections, riots, labor disputes, accidents, governmental actions, communication breakdowns, power failures, or equipment or software malfunctions.
16.6. You are not permitted to assign or transfer any rights to use the Services, or any of your rights or obligations under these Terms, without our express prior written consent. This restriction applies whether such assignment or transfer would occur by operation of law or in connection with any change of control. Conversely, we reserve the right to assign or transfer any or all of our rights and obligations under these Terms, in whole or in part, without needing to notify you or obtain your consent or approval.
16.7. In the event of a conflict between these Terms and any other agreement you have with us, these Terms will prevail unless the other agreement explicitly references and states that it supersedes these Terms.
16.8. You agree that, except as explicitly provided otherwise in this Agreement, there are no third-party beneficiaries to this Agreement, apart from the Indemnified Parties.
Last updated