Terms & Conditions
Terms & Conditions outline the rules & regulations for the use of Xions website/platform & App.
The Services (as defined below) are subject to these terms and conditions (“Terms”). By accessing, downloading or using the Services, you (“you” or “your”) agree that you have read, understood and agree to these Terms which shall form a legal agreement between you and Xion Global Ltd. (“us”, “we”, “our” or “Xion Global”).
1. DEFINITIONS AND INTERPRETATION
1.1 “Applicable Laws” means all applicable statutes, enactments, acts of the state legislature or parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, directions, directives and orders of any governmental authority, statutory authority, tribunal, board, court or recognized stock exchange, as may be applicable, international treaties and regulations.
1.2 “Cryptocurrency” means a digital asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets, and which is supported by the Services and excluding, unless expressly specified by Xion Global on the Services, any derivative coins or tokens which interact with the aforesaid cryptocurrency.
1.3 “Digital Assets” means any decentralized digital or virtual currency that can be earned or exchanged on through the third party providers.
1.4 “Intellectual Property Rights” means all intellectual property rights, including, without limitation: (a) all inventions, whether patentable or not, all improvements thereto and derivatives thereof, and all patents and patent applications; (b) all registered and unregistered marks, domain names and registrations and applications for registration thereof; (c) all copyrights in copyrightable works, all other rights of authorship, including without limitation moral rights, and all applications and registrations in connection therewith; (d) all trade secrets and confidential business and technical information (including, without limitation, research and development, programming, know-how, proprietary knowledge, financial and marketing information, business plans, formulas, technology, engineering, production, operation and any enhancements or modifications relating thereto, and other designs, drawings, engineering notebooks, industrial models, software and specifications); (e) all rights in databases and data compilations, whether or not copyrightable; and (f) all copies and tangible embodiments of any or all of the foregoing (in whatever form, including electronic media).
1.5 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.6 “Platform” means the online system owned and operated by Xion Global, and which is accessible at https://xion.app
1.7 “Wallet” means the browser extension owned and operated by Xion Global, and which is accessible by downloading it at https://chrome.google.com/webstore/category/extensions
1.8 “Website” means the website owned and operated by Xion Global, and which is accessible at https://xion.global
1.10 “Platform Services” means the Platform and any services which are made available from time to time by Xion Global through the Platform
1.11 “Wallet Services” means the Wallet browser extension and any services which are made available from time to time by Xion Global through the Wallet browser extension and which is an electronic device or online service that allows an individual to make electronic transactions.
2.1 Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, revocable license to use the Services under these Terms.
2.2 You may use the Services to:
(a) Generate and store Cryptocurrency wallet addresses;
(b) Submit transaction requests in accordance with the instructions you provide via the Wallet Services.
2.3 By submitting any transaction request, you authorize Xion Global to submit your transaction request to the relevant third party networks in accordance with the directions you provide.
2.4 You are not permitted to re-distribute the Platform Services and Wallet Services, modify any code or use any content made available through the Platform Services and Wallet Services (including images and text), as part of any other software or project of any kind.
2.5 You may download, install and use the Wallet for your personal and business purposes only.
3.1 By accessing or using the Platform Services and Wallet Services, you represent and warrant on an ongoing basis that you shall:
(a) be of the legal age of majority in your jurisdiction and you have the capacity to enter into these Terms and the transactions contemplated under these Terms;
(b) be responsible for your own Digital Assets;
(c) carefully guard your private keys and seed words;
(d) ensure that your device(s) are fully updated and do not contain viruses, malware or otherwise malicious software; and
(e) comply with all applicable technology control laws and regulations, including any Applicable Laws..
3.2 You shall not misuse the Platform Services and Wallet Services or do (or attempt to do) any of the following acts:
(a) violate any Applicable Laws;
(b) infringe any of the Intellectual Property Rights of any party;
(c) make alterations to, or modifications of, the whole or any part of the Services, nor permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
(d) provide or otherwise make available the Platform Services and Wallet Services in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person;
(e) harvest or otherwise collect personal data about other users of the Platform Services and Wallet Services;
(f) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Services, any portion thereof or any content displayed therein, to any third party, except as explicitly permitted in these Terms or with our prior permission;
(g) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of, modify, reproduce, hack, or create derivative works from the Services or any portion thereof or any content displayed therein;
(h) engage in any unlawful or fraudulent activity, including (for example) any transactions involving prohibited or controlled substances, illegal content and services, money-laundering or the funding of terrorism; or
(i) use the Services in any manner which may interfere with, disrupt, disable, overburden or impair any server of Xion Global, any computer system or network connected to the server of Xion Global Ltd.
4. NO CONTROL OVER BLOCKCHAIN
4.1 Xion Global is not the creator of, and does not have any control over, any of the Digital Assets that the Xion Wallet browser extension allows you to use. You shall be solely responsible for your choice of and use of Digital Assets.
5. LINKS TO THIRD PARTY SITES
5.1 The Services may be integrated with third party services. Although the Services make it easy to engage with integrated third parties, Xion Global shall not be responsible for any consequences resulting from your use of third party integrated services. The inclusion of any such links is not an endorsement or verification of such linked websites or content, and any access or use of such linked websites or content is entirely at your own risk. If you require assistance with a third-party integration then you should contact that third-party.
6. SPECIFICALLY DISCLAIMED RISKS
6.1 Using Digital Assets-related software necessarily entails many risks. Xion Global specifically disclaims and shall have no liability to you for the following risks: (a) Digital Assets are not backed by governments or central banks. They are not protected by government deposit protection schemes. Digital Assets may be extremely volatile. Virtual Currency technology is extremely nascent and unproven. Virtual Currency software and providers are subject to hacking attempts resulting in loss of funds. Xion Global is not the creator of, and does not have any control over, any of the Digital Assets that the Xion Global Wallet allows you to use. You shall be solely responsible for your choice of and use of Digital Assets; (b) A Digital Assets protocol may fail resulting in total loss of Digital Assets held by users; (c) Disasters may damage the Digital Assets systems resulting in loss of Digital Assets held by users; (d) operating system failures (mobile or desktop); (e) interactions between your hardware, software and the Platform Services and Wallet Services; (f) cloud backup software (e.g. certain Android distributions) may upload your private files/information to third party services; (g) malware, viruses or other malicious software on your device that is able to take control of or interfere with the Platform Services and Wallet Services; (h) communication delays between your Wallet and a node or relay service for a Digital Asset (and vice versa)
7.1 Xion Global may, from time to time and without giving any reason or notice, modify, upgrade, suspend, or discontinue (the “Modifications”) the Platform and Wallet, the Platform Services and Wallet Services or any part thereof. Xion Global shall not be liable if any Modification affects your use of the Platform Services and Wallet Services.
7.2 Xion Global reserves the right to update or amend these Terms at its sole and absolute discretion, and the most current version will always be posted on the Platform and Wallet. It is your responsibility to review these Terms on a periodical basis. If you use the Platform and/or Wallet or the Platform Services and Wallet Services after the Terms are posted online, you are deemed to have accepted any Modifications. If you do not accept the updated Terms, your sole and exclusive remedy is to stop access to and use of the Platform, the Wallet and the Platform Services and Wallet Services.
8. LIMITATION OF WARRANTY AND LIABILITY
8.1 The Platform Services and Wallet Services are provided to you on an “AS IS” and “AS AVAILABLE” basis and without any warranty, to the maximum extent permissible by law. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform Services and Wallet Services.
Without prejudice to the generality of the foregoing, Xion Global does not warrant any of the following: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and information contained in the Platform Services and Wallet Services; (b) that the Platform Services and Wallet Services are free from any computer viruses or other malicious, destructive or corrupting code, agent, program or macros; or (c) the security of any information transmitted by you or to you through the Platform Services and Wallet Services, and you accept the risk that that any information transmitted or received through the Platform Services and Wallet Services may be, for example, accessed by unauthorized third parties, as well as auth or disclosed by Xion Global or its officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
8.2 We will not be liable or responsible for any act or event beyond our control, including without limitation the matters listed in Clause 6.
8.3 To the maximum extent permitted by law, we (including our and our subsidiaries’ shareholders, directors, officers, employees, and agents) shall not be liable for any personal injury, indirect, incidental, special, exemplary, consequential or punitive damages, or any loss of profits or revenues (regardless of whether we were advised of the possibility of such damages), whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform Services and Wallet Services; (b) any conduct or content of any third party on the Platform Services and Wallet Services.
8.4 You agree to indemnify Xion Global against any Losses incurred due to your use (or misuse) of the Services.
9.1 Xion Global reserves the right to terminate these Terms with immediate effect, or to disable, suspend or terminate your access to and use of the Platform Services and Wallet Services, without giving any reason, notice or liability to you.
9.2 You may terminate these Terms by ceasing use of the Platform and Wallet and the Platform Services and Wallet Services at any time and you need not specifically inform Xion Global when you cease to use the Platform and Wallet and Platform Services and Wallet Services.
9.3 Upon termination for any reason: (a) all rights granted to you under this license shall cease; (b) you must immediately cease all activities authorized by these Terms; and (c) you must immediately delete or remove the Platform and Wallet from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Platform and Wallet and documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
10.1 We may transfer our rights and obligations under this License to another organization, but this will not affect your rights or our obligations under this License.
10.2 You may only transfer your rights or your obligations under this License to another person if we agree in writing.
10.3 Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
10.4 If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
10.5 These Terms constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License.
10.6 Xion Global shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
10.7 These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by, and construed in accordance with, the laws of Delaware. You agree to submit to the exclusive jurisdiction of the courts of Delaware.