Please read these Terms of Service and our Privacy Policy carefully before using X-Point’s Services.
Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service. If you don’t agree to all the terms and conditions you must not use our Services.
In all cases, “XPT,” “Us,” or “We” includes agents, consultants, employees, officers and directors.
“Account” means an account you create when you access the Services.
“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that XPT may offer from time to time to certain eligible users.
“Services” refers to products, services, content, and/or the other domains provided by XPT.
“Terms of Service” or “Terms” means these terms of service.
“User Content” means all the data that you upload or transmit on or through the Service.
“Virtual Items” means virtual currency, including but not limited to virtual coins, cash, tokens, or points, all for use in the Service.
“XPT Affiliates” refers to XPT and/or XPT’s third-party content providers, distributors, licensees or licensors.
We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms and Privacy Policy at any time by posting the amended Terms or Privacy Policy on our sites or within the Service. We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless We state otherwise, changes are effective when posted. If you continue to use the Services after the changes are posted you agree to the changes. New versions of the Terms and the Privacy Policy and any other policies, codes or rules will be accessible at www.xpt.io or from within the Services.
If you have a dispute with XPT, the version of the Terms and the Privacy Policy in effect at the time XPT received actual notice of the dispute will apply to such dispute. However, if you keep using the Service after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.
You can’t make changes to the Terms or Privacy Policy unless both you and XPT sign a written amendment.
If the Terms or the Privacy Policy have provisions that conflict with other XPT terms or policies, the provisions in these Terms and the Privacy Policy shall prevail.
In order to use our Services, We may ask you to create an Account and select a password and/or provide Us with certain personal information, which may include your name, birth date, e-mail address, phone number, address, identity information, and, in some cases, payment information. You shall not by any means register or use multiple accounts. You may not use other user’s accounts.
To access all Services of XPT, you agree to cooperate with XPT on account verification, and provide including but not limited to identity card/passport, other valid identity documents and phone number, proof of address, payment information required by XPT. You also authorize XPT to make inquiries, either directly or through third parties that are deemed necessary to verify your identity or to protect you and/or us against potential risks. This information will be held and used in accordance with XPT's Privacy Policy.
You agree to supply XPT with accurate, complete, and updated personal information, particularly your email address and identity information.
You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument.
Tell Us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.
XPT's Privacy Policy tells you how We collect and use information about you and your computer or mobile device, and how you can use the Services to share such information with others. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in XPT’s Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.
We encourage you to read the XPT Privacy Policy carefully and use it to make informed decisions.
Who can use our Service:
You may not use our Service if:
By registering on XPT, you must be at least 18 years old and affirmed that you are an individual or legal person with full legal capacity to accept these Terms and to agree to be bound by the Terms in their entirety.
Your usage of XPT is and will be in full compliance with all relevant laws, regulations, regulatory documents and various rules as required by us, applicable to your use of XPT, and that such use is not prohibited by any applicable laws or regulations, and is not for any illegal or immoral purpose. We may terminate, suspend, or limit your access to your account and any of the services at our sole and absolute discretion, with or without notices to you, in the event that we reasonably believe that you have conducted or are involved in any fraudulent or illegal activities or have conducted (or attempted to conduct) any suspicious transaction, whether involving the use of any of the services or not.
Service Changes and Limitations:
The Service is evolving and We may require that you accept updates to the Service as well as to the Terms and the XPT Privacy Policy. We may perform these updates remotely including to XPT software residing on your computer or mobile device, without notifying you.
XPT MAY, IN ITS SOLE DISCRETION LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR ANY PORTION OF IT AND PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT AND XPT IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
Deleting your Account:
You may stop using the Service at any time and may request that We stop making active use of your data at any time by following the instructions in the Privacy Policy. Unless the local law where you are located requires otherwise, We are not required to provide refunds, benefits or other compensation if you request deletion of your Account.
Service:
The Service is comprised of works owned by XPT, and it is protected by copyright, trademark, trade dress, patent and other intellectual property and other applicable laws, rules or regulations. XPT owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service.
So long as you abide by these Terms and any other rules, XPT grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a XPT supported web browser or mobile device solely for your own non-commercial purposes. You agree not to use the Service for any other purpose.
If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your account. In addition, you may be breaking the law, including violations of XPT’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF XPT IS A VIOLATION OF XPT POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
User Content:
If you transmit or upload User Content on the Service, you agree that it will be:
Your User Content will be processed by XPT in accordance with its Privacy Policy.
You own your User Content, but you give XPT a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Service, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).
XPT’s license to your User Content ends when you request deletion of your User Content by submitting a written request to XPT
If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including back-up copies. We may also retain copies of User Content if we are legally required to do so.
When you post your observations and comments on the Service such as in forums, blogs and chat features, We cannot guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you would like to keep confidential and/or don’t want others to use, don’t post it. XPT IS NOT RESPONSIBLE FOR ANY OTHER PERSON’S USE OR APPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
We have no obligation to monitor User Content and We are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other users. That said, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.
We may also, at our discretion, choose to monitor and/or record your interaction with the Service or your communications with XPT (including without limitation chat text and voice communications) when you are using the Service.
In general the digital asset exchange service enables you to exchange XPT by using BTC (Bitcoin) and vice versa.
You may exchange XPT by using BTC credited to your XPT Wallet and vice versa.
Conversion Fees. Each exchange of XPT using BTC and vice versa is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee will be displayed to you on XPT.io prior to each transaction. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction.
We do not guarantee the availability of any Exchange Rate. We do not guarantee that you will be able to buy and / or sell your Digital Currency on the open market at any particular price or time.
PURCHASES OR REDEMPTIONS OF THIRD PARTY DIGITAL ASSET TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.
If you purchase third party DIGITAL ASSET or choose to make a payment in our Services through a third party, you are agreeing to the third party’s payment terms, and XPT is not a party to the transaction.
Additional Payment Terms:
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. XPT may revise the pricing for the goods and services it licenses to you through the Service at any time.
From time to time, We may offer limited time promotions. Please review the official rules (if any) associated with the promotion. They will apply in addition to these Terms.
In addition, from time to time, We may promote Offers. We are not required to give, and users are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before You accept the offer. If you accept an Offer you also assume all liability associated with the Offer.
THIRD PARTY ADVERTISING
Our Service may feature advertisements from Us or other companies. Our Privacy Policy explains what information We share with advertisers. Please read it.
Sometimes We provide links on the Service to other companies’ websites or to companies who invite you to participate in a promotional offer and offer you some feature of the Service or upgrade in exchange. Any charges or obligations you take on in dealing with these other companies are your responsibility.
We make no representation or promises about any content, goods or services these other companies provide, even if linked to or from Our Service. Also, just because We allow a link to be included in Service does not mean We endorse that linked site. We are not liable for any claim relating to any content, goods and/or services of third parties.
Please also note that the linked sites are not under our control and may collect data or ask you to provide them with your personal or other information, or they may automatically collect information from you. When you use other companies’ services like these, the other company’s service may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies’ content, business practices or privacy policies, or for how they collect, use or share the information they get from you.
We respect the intellectual property rights of others and ask that you should, too. We respond to notices of alleged copyright infringement that comply with the relevant local laws that may apply. We also accommodate and do not interfere with standard technical measures copyright owners use to protect their materials.
Sometimes, We may request your feedback on certain features through a promotion or our customer insights program. Any feedback you provide at Our request through a promotion or program is subject to the rules of the specific promotion or program.
Neither XPT nor any XPT Affiliate makes any promise or guarantee that the Service will be uninterrupted or error-free.
USE OF THE SERVICE IS AT YOUR SOLE RISK. IT IS PROVIDED ON AN "AS IS" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, XPT AND ANY XPT AFFILIATE MAKE NO WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. XPT AND ANY XPT AFFILIATE DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT OR FITNESS FOR A PARTICULAR PURPOSE.
If your country does not allow these disclaimers, they do not apply to you. If your country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Service or the shortest period required by law.
13. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE THAT XPT AND THE XPT AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF XPT AND/OR THE XPT AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID XPT AND/OR THE XPT AFFILIATE IN THE THIRTY DAYS (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID XPT OR ANY XPT AFFILIATE ANY AMOUNT IN THE THIRTY DAYS (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH XPT AND/OR ANY XPT AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those countries.
If you use or misuse the Service, or if you violate these Terms or any other applicable rules, and that results in loss or damage or in a claim or liability against XPT or any XPT Affiliate, you agree to indemnify, defend and hold harmless XPT and/or the XPT Affiliate (which means you agree to compensate XPT and/or the XPT Affiliate on a "dollar for dollar" basis) for that loss, damage, claim or liability, including compensating XPT and/or the applicable XPT Affiliate for our legal fees or expenses. If XPT or the XPT Affiliate wants to, they are allowed to take exclusive charge of the defence of any case on which you are required to compensate or reimburse them, and it will be at your expense. You also have to cooperate in XPT’s and/or the XPT Affiliate’s defence of these cases. XPT and/or the XPT Affiliate will use reasonable efforts to let you know if they learn of any claim on which you have to compensate or reimburse them. This will apply even if you stop using the Services or your account is deleted.
These Terms and our relationship will be governed by British Virgin Islands, except for its conflicts of laws principles.
Judicial proceedings must be brought in the courts of British Virgin Islands, unless we both agree to some other location, and you and XPT both consent to venue and personal jurisdiction in British Virgin Islands.
If any part of these Terms or the Privacy Policy is not enforceable, the rest of these Terms and the Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.
We may give our rights, or Our obligations, under these Terms, or our Privacy Policy to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms or our Privacy Policy without first getting XPT’s written consent, and any attempt to do so without our consent is void.
These Terms, and any other policies or rules We reference in these Terms, make up the entire agreement between you and Us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us.
If We provide a translated version of these Terms, the XPT Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.
If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and Us to be legally binding.
We may notify you by posting something on www.xpt.io, and sending you an e-mail or using other ways of communicating with you based on the contact information you provide to Us.
If you have to give Us notice of something according to the Terms, or the XPT Privacy Policy, the notice must be in writing.
Any attempted notice that does not follow these rules has no legal effect.
You agree that given the unique and irreplaceable nature of the rights granted and obligations made under these Terms, if you breach these Terms, and/or our Privacy Policy, or intend to breach these Terms or Privacy Policy, money damages alone will not be enough to repair the harm to XPT. Therefore, XPT may seek injunctive or other equitable relief (e.g., get a court order to make you stop doing whatever you’re doing that is causing harm) if you breach or intend to breach these Terms or our Privacy Policy and XPT does not have to post any bond or surety or submit proof of damages.
You agree to limit your claims to claims for money damages, as limited by Section 13 (Limitations; Waivers of Liability). And, you agree not to seek injunctive or equitable relief or otherwise seek to stop Us from operating any aspect of the Service.
We are not liable for any changes or problems out of our control, for example changes or problems caused by like natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.