XOX Labs Terms of Service

Legal Docs

Last updated: Feb 2023

Thank you for visiting xoxnet.io (the “Website”). The following terms and conditions of use (the “Terms of Service” or “Terms”) apply to all visitors of the Website (“you”, “your” or “User”) and are accessed by and between you and XOX Defi Ecosystem (“we”, “us” or “XOX”).

Please read these Terms of Service carefully. This is a contract between you and XOX Defi Ecosystem as they govern your access and use of the Website (https://xoxlabs.io) and any services, functions, features, or content made available on the Website and the related services, including the services of interaction with decentralized protocols and blockchains as well as all written or digital materials including software, data, text, audio, video, images, trademarks, graphics, or other content (“Content”) from time to time, including but not limited to XOXDapp (“Services”).

We may refer to the Web, Applications, and the Extension as the “XOX Utilities”.

I. PREAMBLE

1.1 These Terms of Service set forth the legally binding terms for your use of the Services. By entering the XOX Labs websites we may provide you with access and utility through our trading platform via software, API (application program interface), technologies, products, and/or functionalities, you consent and accept that you have read and comprehend these Terms which are applicable to you.

1.2 As described in these Terms, you agree to be legally bound by these Terms and all terms incorporated by reference. These Terms apply to your use of the Services provided by XOX Labs. If you do not agree to these Terms please do not use or continue using the XOX Utilities or the Services and cease using our Services immediately.

1.3 XOX reserves the right to amend or modify the terms and conditions contained in the Terms, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. Such amendments are effective immediately upon posting to the website or at the instant that we transmit the information and apply to all access to and continued use of our Services and each component of the XOX Labs utilities. We will notify these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by us at our sole discretion. It is your responsibility to review these Terms regularly. Your continued use of the XOX Utilities and/or our Services after any such amendments, whether or not reviewed by you, shall constitute your acceptance to be bound by such changes or modifications.

II. SERVICES ELIGIBILITY

2.1 By using the Services, you represent and warrant that:

2.1.1 To access the Website, you must be at least (13) years old and the legal age of the majority in your country. You must also have the legal capacity and power to engage in this Agreement on your own behalf or on behalf of the business or organization you represent.

You are not permitted to access or use the Website if you do not satisfy all of these conditions.

2.1.2 You have not previously been suspended or removed from the Website or Services;

2.1.3 You will only use the Services for their intended and lawful purposes;

2.1.4 You are not identified as an individual who is restricted or on the list of any trade or economic sanctions of any Competent Authority, which includes without limitation: Terrorism and terrorist financing - Islamic State in Iraq and the Levant (ISIL/Da’esh), Al-Qaida, the Taliban, and associated individuals, groups, undertakings, and entities, any individual or entity designated by the United Arab Emirates (“Local Terrorism List’); and the financing of proliferation of weapons of mass destruction(WMDs) - Democratic People’s Republic of Korea: nuclear-related, other weapons of mass destruction-related, and ballistic missile-related programs; Islamic Republic of Iran: nuclear program.

2.2 If you are using our Services on behalf of a legal entity, you further represent and warrant that:

2.2.1 The legal entity has been properly established and is in compliance with all applicable legislation in the country where it was formed;

2.2.2 You are properly permitted to act on behalf of such a legal organization. You can only use our Services if permitted under the laws of your jurisdiction. Make sure all applicable laws, rules, and regulations are followed when using the Services and when using the terms of these Terms;

2.2.3 The legal entity is not established at and/or is not carrying day-to-day management from Afghanistan, Democratic Republic of Congo, Cuba, Democratic People’s Republic of Korea, Islamic Republic of Iran, Republic of Iraq, Puerto Rico, Syrian Arab Republic, Venezuela, Zimbabwe, United States of America (including its states and the District of Columbia), the Virgin Islands of the United States, or any other possessions of the United States of America.

2.3 You will use the Services in accordance with these Terms of Service and any and all applicable local, state, national, and international laws, rules, and regulations. If you do not meet all of these requirements, you must not access or use the Services.

III. CHANGES TO THE TERMS

3.1 The Company retains the right, in its sole discretion, to modify these Terms from time to time without providing you with prior notice. Before accessing or using the Website, you should read the latest version of these Terms, which will be updated on the website. Any modifications will take effect as soon as they are posted on the website and will govern how you use and get access to the website moving forward.

3.2 Any modifications to this Agreement will be effective immediately, and by using or accessing the Website after any such changes, you agree to be bound by their terms and conditions. You should periodically visit this page to stay updated on any changes.

IV. DESCRIPTION OF OUR SERVICES

4.1. Users’ Privacy

Our most important priority is to protect our users’ privacy. To ensure that you completely understand our firm commitment to protecting your privacy, please see our Privacy Policy. By visiting our Website and using our Extension, connecting your wallet, and interacting with blockchains or protocols (as defined below) through the XOX Utilities and/or using our other Services, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions abiding with our Privacy Policy.

4.2 Wallet and Digital Assets

4.2.1 We provide an online trading platform to trade Digital Assets (“Digital Assets” as defined below, also known as virtual financial assets, cryptographic tokens, digital tokens, and/or cryptographic currency). By simultaneously establishing connections between "wallets" on various blockchains using our XOX Asset Management, XOX enables its users to access and manage multi-source and multi-chain digital blockchain-based assets. Your wallets, Digital Assets, and cryptocurrencies are completely in your own control.

4.2.2 You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. Any storage or transaction of your digital assets using your wallets is not subject to our interference.

4.3 Interaction with Protocols and Blockchain

4.3.1 XOX Utilities acts as an aggregator of technically supported decentralized protocols (referred to as "Protocols"), such as but not limited to swaps and liquidity, and offers its customers the graphical user interface and capabilities to technically interact with Protocols. Through the Protocol, which is run on a peer-to-peer basis, all transaction and/or order matching, clearing, settlement, and filing take place completely decentralized. We may develop or implement Protocols or decentralized liquidity pools, provided that after their first launch, they will not be managed or controlled by us but rather will be decentralized.

4.3.2 You hereby acknowledge and accept that we neither directly nor indirectly execute the exchange of digital assets, cryptocurrencies, or tokens. We do not define, suggest and execute any control over the cost of digital assets that are available through protocols. When you conduct swaps and interact with liquidity, you don't interact with us; instead, a Protocol is the one with which you interact. The underlying code that controls how Protocols function is not within our control or ownership.

4.3.3 The XOX Utilities allow you to interact with Protocols, and you hereby accept and agree that we are not responsible for any claims or damages resulting from those interactions.

4.3.4 You acknowledge that the Protocols' functionality is a work in progress. Third-party software programs are the protocols you use and rely on. Regarding these third-party applications, we offer no claims or guarantees of any kind, including but not limited to warranties of compliance, availability, or security. You are completely responsible for determining if any Protocols you engage with are consistent with the laws of any jurisdiction because we make no claims or warranties to that effect.

4.3.5 Users of XOX Utilities have access to the functionality and graphic user interface needed to communicate technically with a number of different blockchains, including but not limited to Ethereum and Binance Smart Chain. Users can technically engage with such blockchains through the graphical user interface provided by the XOX Utilities, including, but

not limited to, interacting with blockchains for the production of Digital Assets, transfer of Digital Assets, or submission of any information to blockchains.

4.3.6 You understand and accept that you communicate directly with the relevant blockchain, that we have no influence over that communication, and that we do not process or transmit any information, data, or transactions that you enter. In using the XOX Utilities to interact with blockchains, you recognize and accept that we are not responsible for any claims or losses that may result from your actions or transactions.

4.4 Fees and Taxes

4.4.1 For access to the XOX Utilities, Protocols, and/or our Services, we, those Protocols, and/or liquidity providers may charge fees based on how you use those Utilities, Protocols, and/or our Services. Please be mindful that some protocols may charge interest on transactions you conduct with them. Through the XOX Utilities, we will let you know how much each price is and what it covers. We, Protocols, and/or liquidity providers reserve the right to change the fees at any time and without previous notice.

4.4.2 By using the XOX Labs Utilities, you hereby agree to pay all relevant fees and any other sums in the amounts that are current at the time such fees are incurred. You are responsible for regularly checking the fee schedule each time you engage with the XOX Utilities and/or Protocols or use Services that could result in a charge.

4.4.3 Please be advised that any decentralized networks, distributed ledgers, or blockchains may collect fees or commissions from your interactions with them, including but not limited to transaction fees, as well as from their designated third-party providers. Before engaging in any activity with them, kindly review their charge schedules. The commissions of any blockchains, ledgers, networks, or other third parties, even those accessed through XOX Labs Utilities, are not our responsibility.

4.4.4 You are responsible for determining if and to what degree taxes apply to the activities you carry out through the XOX Labs Utilities, as well as for withholding, collecting, reporting, and remitting the right amounts of taxes to the relevant tax authorities. We don't have any obligations to keep any transaction information on file or archive it, and XOX Utilities doesn't have the capacity to do either.

4.4.5 There are no taxes, levies, charges, or other types of governmental assessments included in our fees. All taxes connected to your usage of our services are your responsibility to pay. If we are legally required to pay or collect taxes that are your responsibility, we will charge you and require payment unless you give us a valid tax exemption certificate approved by the relevant taxation authority. For the avoidance of doubt, we are exclusively responsible for any taxes that may be levied against us due to our income, assets, or personnel.

4.5 Product Updates

5.5.1 We have the right to deploy unforeseen updates, modifications, or enhancements to the Services at any time. We have the right to change any functionality or features, as well as to stop providing the Services altogether. We may send you notifications in the Application and the Extension as well as a post on social media channels when a new version of the Application or the Extension is released. Therefore, you should turn on the update functionality in your version or manually install the new version if you wish to update to the most recent version of the Application or Extension.

4.5.2 You understand and accept that we are under no responsibility to improve, change, or replace any portion or component of the XOX Utilities, or to keep creating or publishing new iterations of the XOX Utilities.

V. RELIANCE ON INFORMATION ACCESSIBLE VIA XOX

5.1 Through the XOX utilities, XOX may provide its users access to diverse information about digital assets and markets for digital assets.

5.2 All data shown through the XOX is obtained directly from the corresponding blockchains (Binance Smart Chain, Ethereum, Solana), protocols (UniSwap, PancakeSwap), and is not gathered, compiled, or otherwise altered or processed by XOX.

5.3 The information provided on or made accessible through the Website is only provided for general informational purposes. The accuracy, completeness, or utility of this material is not guaranteed by us. Your use of this information is entirely at your own risk. Any reliance by you, another user of the website, or anyone else who may be in the know of the contents of this website on such materials is strictly prohibited, and we hereby disclaim all liability and obligation arising therefrom.

5.4 This Website includes content provided by third parties, including materials provided by users, bloggers, outside licensors, syndicators, aggregators, and/or reporting services. Other than the content provided by the Company, all claims and/or opinions made in these materials, as well as all articles, comments to inquiries, and other content, are the sole opinions and responsibility of the person or organization that contributed those materials. These items don't always represent the Company's views. The accuracy or content of any materials given by third parties is not our responsibility or subject to our liability to you or any other party.

VI. THIRD-PARTY RESOURCES

6.1 The XOX Labs Utilities may give you access to services offered by third-party websites, platforms, applications (including decentralized applications, or dApps), software, networks, or ledgers ("Third-party Applications") for your convenience. However, we disclaim any responsibility for any Third-party Applications that you may access through the XOX Utilities. You connect to and use third-party applications at your own risk, and we disclaim all liability for (a) the information on third-party applications' accuracy or reliability; (b) the acts or omissions of the third-party applications' operators (or their partners or affiliates); (c) any loss or damage incurred through the use of any third-party applications; and (d) any transaction you carry out in connection with your use or access of any third-party applications.

6.2 The content that can be found on any third-party applications is not under our control. Some of these third-party applications can have content that is offensive, illegal, or unreliable. Any terms and conditions of such Third-party Applications shall apply to you. We have no control over third-party applications that you use or view, and we disclaim all liability for any loss or harm they may cause. Before engaging in business with such third parties, it is your entire obligation to comprehend fully the services and goods they are offering and the terms and conditions governing such services and products.

VII. ASSUMPTION OF RISK

INFORMATION ABOUT THE IMPORTANT RISKS OF HOLDING, OWNING, ACQUIRING, AND PURCHASING CRYPTOCURRENCIES, TOKENS, OR ANY DIGITAL ASSETS IS CONTAINED IN THIS SECTION. PLEASE CAREFULLY READ THIS SECTION.

7.1 Users recognize and accept that no transaction made through the Platform is free from the risks listed below, and the Platform is neither able nor required to assume liability for any of these risks:

7.1.1 Macroeconomic risks: You could experience losses as a result of price swings that are abnormal and caused by changes in the macroeconomic situation;

7.1.2 Policy risks: modifications to applicable laws, rules, regulations, policies, and guidelines may result in abnormal fluctuations in prices and other areas, putting you at risk of financial loss;

7.1.3 Features, functions, characteristics, operation, use, and other aspects of any Digital Assets ("Asset Properties"), as well as the software, networks, ledgers, protocols, systems, and other technology (including, if applicable, any Distributed Ledger (Blockchain), used to administer, create, issue, transfer, cancel, use, or transact in Digital Assets ("Underlying Technology"), may be complex, technical, or challenging to comprehend or evaluate;

7.1.4 Any and all losses caused by your negligence, including losses caused by wrong decision-making, improper operation, password disclosure or loss, password cracked by others, unauthorized third-party intrusion access to your computer systems, and improper or malicious behavior on the part of a third party you have authorized to act as your agent. Any Digital Asset may be vulnerable to assaults on its security, integrity, or operation (referred to as "Attacks"),, including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology;

7.1.5 Any Digital Asset may be misplaced if sent to the incorrect address (for instance, but without limitation, if the address is formatted incorrectly, contains mistakes, or is meant to be used for a different type of Digital Assets);

7.1.6 Any Protocol, pool or smart contract could be a target of an attack, including phishing scams. Any Protocol, pool or smart contract may stop functioning as planned for a number of reasons, such as Attacks, enforcement and regulatory actions, fraudulent operations, technical problems, and communication breakdowns. No Protocols or pools are under our observation. We do not guarantee or suggest that these Protocols or pools are secure, verified, or verifiable, or that they are of any worth, quality, or legality;

7.1.7 We give no assurance that any Digital Assets found or accessible through the XOX Utilities are suitable, safe, faithful to any promises made by the issuer or sponsor of the Digital Asset, verified or verifiable, or of any worth or quality or legality;

7.1.8 With regard to any Digital Asset that is available or discoverable through the XOX Utilities, we assume no obligation for carrying out any due diligence or screening procedures.

7.2 Transactions involving Digital Assets are highly risky, making them unsuitable investments for the majority of people. You should choose the quantity of your investment or transactions depending on the extent of losses you can afford because you are aware and accept that part or all of your investment in trading Digital Assets may be lost. Therefore, before making any decisions about investments in or transactions in digital assets, you should thoroughly evaluate your financial condition and numerous dangers. You are solely responsible for any losses caused by your choice. You hereby acknowledge and accept that we will not be liable or responsible for any such risks. In relation to any of the risks outlined below, you hereby unconditionally waive, release, and discharge XOX, its affiliates, and each of their respective shareholders, members, directors, officers, employees, agents, and representatives from any and all liability.

7.3 You hereby acknowledge and accept that we shall not be liable or responsible for any of the risks mentioned in this Section 4. You hereby irrevocably waive, release, and dismiss any and all claims you may have against us, our affiliates, and our representatives about any of the dangers mentioned here, regardless of whether you are aware of them or not.

7.4 We do not give advice, owe you or any other user a fiduciary obligation, and we do not guarantee that any Digital Assets are appropriate for your ownership.

VIII. INTELLECTUAL PROPERTY RIGHTS

8.1 The Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are protected by copyright, trademark, and other intellectual property rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms of Service.

8.2 You are only allowed to use the Services for personal, non-commercial purposes under these Terms of Service. Without our specific permission or as expressly permitted by applicable copyright or trademark legislation, You are not allowed to edit, copy, display, distribute, transmit, publish, sell, license, create derivative works from, or use any portions of the Services for commercial or public purposes.

8.3 Except as otherwise indicated elsewhere by the Services, you may view, download and print the content available on the Services subject to the following conditions:

8.3.1 The content must only be used for personal, non-commercial, informational reasons;

8.3.2 The content must not be altered or modified and distributed in any way;

8.3.3 Any copyright or other property notices included in the work cannot be removed;

8.3.4 You may download a single copy of any desktop, mobile, or other application that we make available for download to your computer or mobile device solely for your own personal, noncommercial use, as long as you agree to be governed by any applicable end user license agreement;

8.3.5 We reserve the right to immediately remove your permission to access, view, download, and print any content made accessible through the Services;

8.3.6 The rights given to you are not a transfer of title but rather a non-exclusive, revocable license. All rights not expressly granted are reserved by XOX.

8.4 The "XOX" name and design, as well as any associated product or service names, logos, or slogans, are all trademarks or service marks of XOX and may not be copied, imitated, or used, in whole or in part, except as provided for in these Terms of Service, our Brand Policy, or with the prior written consent of XOX. All other names, trademarks, and logos used in connection with the Services are the property of their respective owners, and they cannot be utilized, in whole or in part, without the owner's express written consent. Any such reference is included here without our approval, support, or suggestion.

IX. INDEMNIFICATION

You consent to defend XOX, its affiliates, and their representatives against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or related to I how you use and gain access to the XOX Utilities and Services, including how you interact with blockchains and protocols and how you send and receive data and content; (ii) any breach of your representations, warranties, or obligations outlined in these Terms, whether actual or purportedly committed by you;(iii) your violation of any right of a third party, including without limitation any right of privacy, any right of publicity, or any right to intellectual property;(iv) your violation of any applicable laws, rules, or regulations; (v) your careless or malicious behavior; or (vi) another person accessing and using another suitable security code. The activities of any third party who wrongfully carries out the aforementioned under your wallets or by using your passwords or private keys are also covered by the aforementioned.

X. CHANGES, SUSPENSION, TERMINATION

For any reason, with or without justification, and effective upon issuing you a notice, we may suspend, restrict, or terminate your access to any features of the Services. If it is technically feasible and/or not otherwise specified in these Terms, we shall give you notice of our activities, unless a court order or other legal process forbids us from doing so. You agree that our choice to take specific actions, such as restricting access to the Services, may be based on secret standards necessary for security processes. You acknowledge that we are not required to give you information about our security methods.

XI. MISCELLANEOUS

11.1 We might occasionally offer or conduct promotions, challenges, or contests to certain users. We or the issuer of Digital Assets that are the subject of an offer or promotion may, at our or its sole discretion, establish eligibility requirements to participate in any special promotion, subject to any relevant laws. Any special offer or promotion may be withdrawn at any time, without prior notice. We are not required to make exclusive deals available to all users. Regarding the worth or usability of any Digital Asset that is the topic of a promotion, we make no recommendations and give no advice.

11.2 In all respects, we operate as an unaffiliated contractor. Nothing in these Terms shall be construed as or be interpreted to constitute a partnership, joint venture, or any other kind of joint association for profit between you and us, nor shall anything herein lead any of you or us to be construed as the agent of the other.

11.3 You are the only party with rights, licenses, interests, and/or duties under these Terms, and you may not transfer or assign them to anyone else. In the event of a merger, acquisition, or other corporate reorganization involving the Services, we reserve the right to transfer or assign the rights, licenses, interests, and/or obligations at any time.

It will not impact the legality of any other provision if one or more of these Terms are found to be unlawful or unenforceable under any relevant law.

11.4 All communications between you and us, including these Terms, must be in English. These Terms and other materials are only available in other languages for your convenience. The English language version of these Terms or other documents shall control in the event of any discrepancy.