Terms of Service

HXRO USER AGREEMENT 

Last Updated: Jan 14, 2022

Welcome to Hxro Trade. This User Agreement ("Agreement") governs your use of the products provided  by Hxro described below (the “Hxro Products”). By signing up for an Account (defined below) through  https://hxro.trade, https://hxrobot.io or another site where the Hxro Products are offered (collectively,  the “Site”), you agree that you have read, understood and agreed to all of the terms and conditions  contained in this Agreement, as well as our Privacy Policy. This Agreement constitutes a binding,  legal agreement between you (“you” or “your” or the “User”) and Hxro Technologies Ltd., a Seychelles company, and its affiliates (collectively, “Hxro” or “we” or “us” or “our”). 

As with any asset, the value of Digital Currencies (defined below) can go up or down and there can be a  substantial risk that you lose value buying, selling, holding or investing in such currencies. You should  carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial  condition. Hxro is not registered with the United States Securities and Exchange Commission and does not  offer securities services in the United States or to United States persons. 

1. CHANGES TO THIS AGREEMENT 

We may amend or modify this Agreement at any time and post the revised Agreement on the Site. We  will update the “Last Updated” date at the time of posting the revised Agreement. Any changes to this  Agreement will be effective immediately upon their posting. We encourage you to review this Agreement  before accessing and using the Hxro Products. Your continued use of the Hxro Products after the revised  Agreement is posted constitutes your acceptance of the revised Agreement. If you do not agree to any  part of the Agreement, your sole and exclusive remedy is to terminate your use of the Hxro Products and  close your Account. 

2. ELIGIBILITY 

To be eligible to register for an Account and use the Hxro Products, you must be at least eighteen (18)  years old or the age of legal majority where you reside. You must be legally competent and able to be  bound by this Agreement, have full capacity to enter into transactions involving Digital Currencies and you  must not have been previously banned from using any of the Hxro Products for any reason, or be on any  trade or economic sanctions list of any applicable jurisdiction. If you are a legal entity or acting in the  name of a legal entity, the legal entity must be duly organized and validly existing under the laws of its  jurisdiction of organization and duly authorized to do business under the laws of such jurisdiction and  each other jurisdiction in which such qualification is required, and you must be authorized to act on behalf  of and in the name of the legal entity and bind the legal entity, and the legal entity or any affiliated entity  must not have been previously banned from using the Hxro Products for any reason, or be on any trade  or economic sanctions list of any applicable jurisdiction. 

3. RESTRICTED JURISDICTIONS 

You may not open an Account or use any of the Hxro Products if you are located in or are a legal resident  of the United States, Quebec (Canada) or any jurisdiction or region on the following list:  https://hxro.zendesk.com/hc/en-us/articles/360046253853-Restricted-Jurisdictions (the “Restricted  Jurisdictions”). Hxro has the right to amend the Restricted Jurisdictions at any time without prior notice 

to you. You are not permitted to open, access or use an Account or the Hxro Products if you are located  in a Restricted Jurisdiction. Hxro may geo-block you from accessing an Account or the Hxro Products if you  are located in a Restricted Jurisdiction and you agree not to attempt to circumvent any such block. Hxro  reserves the right to close your Account and cease providing you with access to the Account and Hxro  Products at any time and without prior notice if we determine or have reason to believe that you are  accessing the Account or the Hxro Products from a Restricted Jurisdiction, or if the jurisdiction in which  you are located or reside becomes a Restricted Jurisdiction. Hxro is not responsible for any losses or  damages that may arise from your inability to access your Account or the Hxro Products due to a Restricted  Jurisdiction.  

4. REGISTRATION OF HXRO ACCOUNT 

You must register for a Hxro account on the Site to access and use the Hxro Products (an “Account” or a  “Hxro Account”). You agree to keep your registration information, including your username, password  and other login credentials secure and not allow anyone else to use your Account. It is your responsibility  to contact us immediately at [e-mail] if you become aware of any unauthorized access and use  of your Account. You are responsible for any activity that occurs on your Account. To the maximum extent  permitted by applicable law, we are not responsible for any loss or activity that results from the  unauthorized access and use of your Account. 

5. IDENTITY VERIFICATION 

During registration, and from time to time thereafter, you agree to provide us with accurate information  that we may request for purposes of identity verification. You agree to update such information as  appropriate to keep it accurate. Your daily transfer limits in connection with the use of the Hxro Products may be based on the identifying information that you provide to us on an ongoing basis. For more  information, see https://hxro.zendesk.com/hc/en-us/articles/360057815474-Tier-I-Tier-II-KYC. These  daily transfer limits and information requirements may change from time to time in our discretion. We may refuse to open an Account for any user for any reason in our discretion. 

You authorize us to make inquiries, directly or through third parties, that we may consider necessary to  verify your identity and detect and prevent fraud and other financial crimes. You agree that your personal  information may be shared with these third parties, per our Privacy Policy. 

6. HXRO PRODUCTS 

Hxro’s trading products include its Parimutuel Option Contracts, Tix & Wix Contracts and the Hxro Bot  automation product. The Hxro Products are provided As-Is. You should not use them without doing your  own research. Hxro is not liable for your use of the Hxro Products. You use them at your own risk. Hxro  may, from time to time, implement changes, restrictions or limitations to the Hxro Products or their  features, tools and functionalities without any liability to you for any losses or damagesthat you may incur  as a result of such changes, restrictions or limitations. 

Hxro shall make reasonable efforts to ensure that the Hxro Products are available to you. However, access  to the Hxro Products may be disrupted or suspended from time to time due to maintenance, technical  issues, network issues, system overload or other events, which may be outside of Hxro’s control. Hxro is  not responsible for any losses or damages that may arise due to the Hxro Products or any portions thereof  being unavailable to you for any reason at any time and for any period.

With respect to Hxro Bot, Hxro Bot offers qualified registered users with algorithmic trading programs  (“Bots”) for use in connection with Hxro’s Parimutuel Option Contracts. The Bots made available to users  are in Hxro’s discretion. The Bots can be used with preconfigured settings, in Hxro’s discretion, or can be  customized by users based on various parameters and indicators. Tutorials are available with information  to help users navigate Hxro Bot and use, customize and test the Bots. Users can back-test the Bots going  back up to thirty (30) days based on available market information. A leaderboard displays the highest  performing Hxro Bot users based on criteria in Hxro’s discretion. You also acknowledge and agree that: 

(a) All transactions executed through Hxro Bot are at your discretion and at your own  risk, and Hxro accepts no liability of any kind with respect to your use of Hxro Bot; 

(b) The use of Hxro Bot or any Bot, preconfigured or customized, does not guarantee  economic success; 

(c) A back-test of a Bot is no guarantee for future performance or economic success; (d) You will use Hxro Bot only for its intended purpose and permitted use; 

(e) The tutorials and any other information provided by the Hxro Bot are not financial  or investment advice, or any other proposal on how to use or customize a Bot; 

(f) Hxro may, in its discretion, change or remove features or functions of Hxro Bot at  any time in its discretion and without any liability to you; and 

(g) You cannot opt-out from the Hxro Bot leaderboard if you fall within the ranking  criteria. 

7. PROMOTIONS 

Hxro may, from time to time, make available special offers or conduct promotions (collectively  “Promotions”) for qualifying users. Such Promotions may be governed by additional terms and conditions  presented in connection with the Promotions, which you must agree to if you choose to participate. This  Agreement and any additional terms will apply equally, with the additional terms prevailing to the extent  any additional terms are inconsistent with this Agreement. Hxro may discontinue, modify or revoke any  Promotions at any time and Hxro has no obligation to make Promotions available to all users. 

8. LIMITED LICENSE 

Hxro grants you a limited, nonexclusive, nonsublicensable, nontransferable and revocable license, subject  to this Agreement, to access and use the Hxro Products solely for the purposes described in this  Agreement and the Site, or as approved by us in writing. Any other use of the Hxro Products is expressly  prohibited. All right, title and interest in and to the Hxro Products is exclusively the property of Hxro or its  affiliates or licensors. Unless expressly stated herein, nothing contained in this Agreement or the Site 

grants or will be construed to grant you any title or interest in or any license or right to use or reproduce  any text, graphics, videos, logos or other source-identifying symbols, designs, images, software, code or  other Hxro IP (defined below) related to or obtainable from the Hxro Products or the Site.

9. DIGITAL CURRENCIES 

As used herein, “Digital Currencies” shall mean digital currencies, cryptocurrencies, virtual currencies and  tokens, such as BTC, ETH, USDC, HXRO or other digital currencies that are supported by the Hxro Products. For a list of Digital Currencies that are supported by the Hxro Products, see  https://hxro.zendesk.com/hc/en-us/articles/360049591654-Supported-Assets. No other Digital  Currencies shall be accepted by or used in connection with the Hxro Products. These Digital Currencies  may change from time to time in Hxro’s discretion. The fiat value of Digital Currencies is subject to  volatility and these assets may lose their value quickly and entirely. You acknowledge and agree that any  purchase of, transaction in or holding of Digital Currencies by you through the Hxro Products is made  voluntarily, willfully and exclusively at your own risk. 

10. DIGITAL WALLET 

After registering and validating your Hxro Account, Hxro shall provide you with a digital wallet (“Digital  Wallet”). The Digital Wallet allows you to hold, store, transfer, receive and manage Digital Currencies. All  Digital Currencies held in your Digital Wallet are custodial assets held for your benefit. Title to the Digital  Currencies shall at all times remain with you and shall not transfer to Hxro. We act only on your  instructions with respect to transferring or transacting your Digital Currencies, unless we are otherwise  instructed to do so by law, court order or government authority. As the owner of the Digital Currencies,  you bear all risk of loss of such Digital Currencies.. 

You can deposit funds into your Digital Wallet after you verify your Account and follow the required  authentication and verification steps. You are fully responsible for the transfer of Digital Currencies in and out of your Digital Wallet, including without limitation if you transfer Digital Currencies to an incorrect  wallet address. We bear no liability or responsibility in connection with any such transfers. Your Account,  once funded, does not and will not earn interest. For any questions regarding the transferring of Digital  Assets or your Digital Wallet, please contact Hxro support at [e-mail]. 

11. TRANSACTIONS; PRODUCT FEES 

Hxro charges fees for the use of the Hxro Products, excluding the Hxro Bot, which is currently being offered  to qualified registered users free of charge. A description of the fees is shown at  https://hxro.zendesk.com/hc/en-us/articles/360046402213-Hxro-Platform-Fees (the “Product Fees”). Hxro reserves the right to change the Product Fees at any time in its discretion. By using the Hxro Products,  you agree to pay all applicable Product Fees. During the transaction process, the amount of your  transaction price that is allocated towards Product Fees will be identified and automatically deducted  from the total transaction price prior to the completion of your transaction. 

All transactions are final. We do not accept any returns or provide any refunds. We reserve the right to  cancel, delay or reject any transaction if we have reason to believe that you are in breach of this  Agreement, including without limitation if you provided incomplete or incorrect identity information or  you are involved, or believed to be involved, in any illegal, fraudulent, misleading or manipulative activity  on the Hxro Products. We may also suspend or ban you from the Hxro Products, in addition to seeking  other remedies that may be available to us under applicable law. 

12. INTELLECTUAL PROPERTY

The Hxro Products and the Site contain copyrighted materials, trademarks and other proprietary  information, including without limitation text, graphics, videos, logos or other source-identifying symbols,  designs, images, software, code or proprietary information owned by or licensed to Hxro (collectively, the  “Hxro IP”). You shall not directly or through the use of any device, software, internet site, web-based  service or other means, or assist, cause or encourage others to, use, modify, publish, transmit, stream,  upload, display, participate in the transfer or sale, create derivative works or in any way exploit the Hxro 

IP, in whole or in part, except as expressly provided herein. You shall not use any data mining, robots or  similar data gathering and extraction tools on the Site, frame any portion of the Site or reproduce, reprint,  copy, store, publicly display, broadcast, stream, transmit, modify, translate, publish, sublicense, assign,  transfer, sell, loan or otherwise distribute the Hxro IP without our prior written permission. Any use of the  Hxro IP not expressly permitted by this Agreement is a breach of this Agreement and may violate  international intellectual property laws. Hxro reserves all rights not expressly granted herein. 

13. PROHIBITED USES 

You agree that you will not use, or assist, cause or encourage others to use, the Hxro Products in any of  the ways listed below (the “Prohibited Uses”). The list of Prohibited Uses is not exhaustive. If you are  uncertain if your use of the Hxro Products is prohibited or have questions on the Prohibitive Uses, please  contact us at [e-mail]. 

(a) Violate any national, provincial, local or any other law, treaty, regulation or court  order, or otherwise conduct any illegal activity, or which would involve proceeds from any illegal activity,  including without limitation money laundering, terrorist financing, fraud or other financial crime; 

(b) Violate this Agreement or any other agreement that you may with Hxro; 

(c) Infringe or misappropriate any intellectual property right in any jurisdiction,  including patents, trademarks, copyrights and trade secrets, or right of privacy, publicity or personality,  or moral rights, or any other valid legal right of Hxro or any third party; 

(d) Create, design or maintain a website or social media site that resembles Hxro’s  websites or social media sites, or in any way creates the impression that you are an agent, employee or  otherwise associated with Hxro; 

(e) Create a false identity, create a false account, create multiple accounts, submit  false, inaccurate or misleading information or impersonate any other person or entity; 

(f) Engage in activities that operate to defraud or are unfair, harmful or adverse to  Hxro, its users or any other person or entity, in our discretion; 

(g) Engage in, advocate for, promote or encourage actions that are abusive, racist,  sexist, discriminatory, offensive, violent, harassing, harmful, threatening, hateful, derogatory,  pornographic, indecent, profane, obscene or otherwise objectionable, in our discretion; 

(h) Use any spambot, botnet or other bot, scraper or other means to access, collect  data, damage, disable, overburden, overload with unreasonable data requests, disrupt, impair or interfere  with the Hxro Products or the Site; or interfere with any user’s access to or use of the Hxro Products or 

the Site; or attempt to gain unauthorized access to the Hxro Products or another’s Account through  password mining or other means; or transmit any virus, worm, trojan or other malware or spyware to or  through the Hxro Products or the Site; or circumvent, disable or otherwise interfere with any controls or  security related features included in the Hxro Products or the Site for preventing, for example,  unauthorized access, reproduction or distribution; and 

(i) Modify, distribute, transmit, perform, reproduce, sublicense, publish, create  derivative works from, transfer, sell, reverse engineer, decompile, disassemble or in any way exploit any  portion of the Hxro Products or the Hxro IP or copy or obtain information from the Hxro Products or the  Site for competitive purposes, including without limitation any text, graphics, videos, logos or other  source-identifying symbols, designs, images, software, code or other information obtained from the Hxro  Products or the Site. 

14. SUSPENSION; TERMINATION; CANCELLATION 

You may close your Account with us at any time and terminate this Agreement, following settlement of  any pending transactions. To close your Account, contact us at [e-mail]. 

We may, in our discretion, suspend, restrict or terminate your access to any or all of the Hxro Products,  and deactivate or close your Account for any of the below reasons, in addition to seeking other remedies  that may be available to us under applicable law. 

(a) We determine or have reason to believe that you violated the Prohibited Uses  listed above in Section 13; 

(b) We determine or have reason to believe that you fail to meet the eligibility  requirements in Section 2; 

(c) We determine or have reason to believe that you are located in or reside in a  Restricted Jurisdiction under Section 3; 

(d) We determine or have reason to believe that you provided us with incorrect,  untruthful or outdated information in your Account creation or identity verification discussed in Sections 4 and 5; 

(e) You inform us or we determine or have reason to believe that your Account has  become compromised in any way; 

(f) We determine or have reason to believe your Account or use of the Hxro Products violates any applicable laws or regulations or is at an increased risk of such violations, or we detect unusual  activity with your Account in our discretion; 

(g) We are required to do so by law, court order or order from a government  authority or official; 

(h) Your use of the Hxro Products is subject to any pending litigation, investigation or  government proceeding;

(i) Our third-party providers are unable to support your use of the Hxro Productsfor  any reason; 

(j) We receive legal documentation confirming your death, after which your  designated fiduciary may open a new Account and any Digital Currencies stored in your Digital Wallet will  be transferred to the new Account (subject to the Transfer Threshold discussed below); or 

(k) For other reasons as we may determine in our discretion from time to time. 

Unless otherwise stated in this Agreement, if we suspend or terminate your access to or close your  Account, we will provide you with notice, unless prohibited from doing so by court order or legal process. We are under no obligation to disclose the details of your suspension, termination or cancelation if related  to our confidential protocols or security procedures, which is in our discretion. 

We may also suspend or interrupt your use of the Hxro Products without liability to you if we deem it is  necessary for repairs, maintenance or other similar actions including without limitation security updates,  in which case we may notify you of the interruption in advance to the extent reasonably possible, but  notice may not be practicable in all circumstances, such as in emergencies. 

The suspension, termination or cancellation does not relieve you from your obligation to pay applicable  fees for pending or past transactions, nor will it affect your rights, title or interest in your Digital Currencies  that remain in your Digital Wallet. If the Account termination is by reason of allegations of fraud, money  laundering or other financial crime or violation of law, court order, violation of governmental regulation  or violation of the terms of this Agreement, Hxro may retain the funds in your Account until such  allegations are resolved to the reasonable satisfaction of law enforcement, court, government official or  Hxro. Otherwise, after suspension, termination or cancellation, you will have five (5) days to withdraw all  remaining Digital Currencies from Digital Wallet associated with your Account. If Digital Currenciesremain after the 5 day period, we may return the Digital Currencies to the originating wallet. We assume no  liability whatsoever with respect to transferring, or attempting to transfer, the Digital Currencies back to  you. We will not convert Digital Currencies into fiat currency and return fiat currency to you. Any amounts 

of Digital Currencies remaining in the Digital Wallet equal or lesser in value to 25 USDC (the “Transfer  Threshold”) will not be returned or transferred to you under any circumstance. 

15. TAXES; NO INVESTMENT ADVICE; ACCURACY OF INFORMATION 

It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you  conduct through our Hxro Products and to withhold, collect, report and remit the correct amounts of  taxes to the appropriate tax authorities. We do not provide investment, financial, tax or legal advice and  none of the information we provide in connection with our Hxro Products or the Site should be construed  as such. You acknowledge and agree that we are not responsible for your use of any information that you  obtain from the Hxro Products or the Site. You also acknowledge and agree that we do not make any  predictions or express any opinion on the future or expected value of Digital Currencies or other assets. Your decisions made in reliance of the Hxro Products or the Site or your interpretations of the information, 

including market information, made available on the Hxro Products or the Site are your own, and made  at your own risk, for which you have full responsibility. You expressly agree that you use the Hxro Products or Site at your own risk. 

16. DISCLAIMER; NO WARRANTY

The Hxro Products and the Site are provided As-Is without any warranty of any kind, express or implied. We disclaim all warranties of any kind, including any implied warranty as to merchantability or fitness for  a particular purpose, and any implied warranty arising out of course of performance, course of dealing or  usage of trade are specifically disclaimed. We do not make any representations or warranties that the use  of or access to the Hxro Products and the Site will be continuous, uninterrupted, timely, secure or error  free (or that any known errors or defects will be corrected), or that the Hxro Products and the Site or the  server(s) that make them available are free of viruses or other harmful programs. We do not make any  representations or warranties regarding the accuracy, completeness, legality, operability, reliability,  availability or any other aspect of the Hxro Products or the Site, or the information, including market  information, made available on or through the Hxro Products and the Site, some of which is provided to  us by third parties. We do not make any representations or warranties that a transaction will execute as  intended, including without limitation there may be extreme volume, delays in internet or other  technology instability that results in a transaction not being triggered or executed as intended. Your sole  and exclusive remedy is to terminate your use of the Hxro Products and close your Account.  

17. LIMITATION OF LIABILITY 

Hxro and its affiliates and their respective officers, directors, employees, shareholders, members,  contractors, agents, parents, subsidiaries, licensors, successors and assigns (the “Hxro Parties”) shall not  be liable for any consequential, exemplary, incidental, punitive, indirect or special damages or costs  (including without limitation lost profits or damages resulting from loss of market or business opportunity  or lost or interruption of use) arising out of or relating to this Agreement, regardless of the form of claim  of action (whether based upon breach of warranty, breach of contract, negligence, strict liability, product  liability or any other legal theory), even if the Hxro Parties were advised, knew or should have known of  the possibility thereof, and notwithstanding the failure of essential purpose of any limited remedy set  forth in this Agreement. If a certain jurisdiction does not permit the limitation or elimination of liability as  set forth in this Limitation of Liability, then Hxro’s liability in such jurisdictions shall be limited to the  greatest extent permitted by law. 

18. INDEMNIFICATION 

You shall indemnify, defend and hold the Hxro Parties harmless from and against any and all liabilities,  claims, demands, causes of action, losses, expenses and damages (including, without limitation,  reasonable attorney’s fees and settlement amounts) brought by a third party, to the extent relating to or  arising out of your use of the Hxro Products or the Site, your breach of this Agreement, your violation of  any third party rights or applicable laws, or your gross negligence, fraud or willful misconduct. If you are  obligated to indemnify us, we have the right, in our discretion, to control any action or proceeding and  determine if we desire to settle and on what terms. 

19. THIRD PARTY CONTENT 

We make no representations or warranties about any third party content, websites or social media that  you may access through the Hxro Products or the Site (collectively, the “Third Party Content”). The Third  Party Content is provided As-Is and any opinions, advice, statements, services, offers or other information  made available by such Third Party Content are those of the third party, and not Hxro. We may provide  the Third Party Content for your convenience only and we are not endorsing the content. Your access to  and use of the Third Party Content is at your own risk.

20. CUSTOMER FEEDBACK; QUERIES; DISPUTES 

If you have feedback or queries, you can contact us at [e-mail] and provide your name, address,  phone number, email address, Account username and write in the subject line of the email “Customer  Feedback” or “Customer Query” depending on the reason for contacting us. If you believe your Account  is compromised, please immediately contact us at [e-mail] and provide your name, address,  phone number, email address, Account username, a detailed description of why you believe your account  is comprised and write in the subject line of the email “Comprised Account” so that we can process your  request as quickly as possible. If you have a dispute with us, you agree to contact us at [e-mail] and follow the procedures set forth below. 

21. DISPUTE RESOLUTION; WAIVER OF CLASS ACTION 

If you have a dispute with us arising out of or relating to this Agreement or the Hxro Products or the Site,  including the validity, scope or enforceability of this dispute resolution clause, you agree to first attempt  in good faith to settle the dispute by contacting us at [e-mail] and provide your name, address,  phone number, email address, Account username, a description of the facts and circumstances of the  dispute, write in the subject line of the email “Dispute Resolution” and allow us thirty (30) days to respond  or settle the dispute. You agree that this procedure is a condition precedent that must be satisfied before  initiating any claim against us. 

If the dispute cannot be resolved by the above procedure, then the dispute shall be settled by binding  arbitration and conducted in accordance with Seychelles law or rules upon which we may mutually agree. The arbitration shall take place in Seychelles and shall be conducted in the English language. The arbitrator  will have the power to grant whatever relief would be available in court under law or in equity and any  award of the arbitrator will be final and binding and may be entered as a judgment in any court of  competent jurisdiction. The arbitrator will not have the power to award punitive or exemplary damages,  the right to which you hereby waive. The arbitrator will apply applicable law and the provisions of this  Agreement and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial  review. The arbitrator’s decision must be with written explanation and remain confidential. 

By agreeing to this Agreement, you agree that any claims or actions that you may otherwise have against  us under the laws of any jurisdiction outside of Seychelles are hereby waived, including without limitation  any claims or actions under the laws of your country of residence and that your sole location and  applicable law for any dispute is in Seychelles according to the terms of this Section and Section 22(b). 

To the extent permissible by law, all claims must be brought in your individual capacity and not as a  plaintiff or class member in any purported class, collective action or representative proceeding. The  arbitrator may not consolidate more than one person’s claim(s) or engage in any class arbitration. You  acknowledge that by agreeing to this Agreement, you are waiving the right to a trial by jury and the right  to participate in a class action. 

For any disputes that Hxro has against you, including without limitation pursuant to a violation of this  Agreement or the Hxro IP, we are not bound by the arbitration requirement in this Section and are  permitted to pursue claims in court and other available judiciaries provided by applicable law in our  discretion.

22. MISCELLANEOUS 

(a) ELECTRONIC NOTICES. You agree to receive all communications through  electronic delivery. You authorize us to communicate with you by email or text message using the email  address and phone number provided in your Account. It is your responsibility to provide us with correct  and up-to-date contact information. We shall have no liability for any losses, liabilities, costs, expenses,  demands, damages, charges or claims resulting from failed electronic delivery. 

(b) GOVERNING LAW. This Agreement is governed by and shall be interpreted and  construed in accordance with the laws of Seychelles. The parties hereby consent to the jurisdiction and  venue of the courts of Seychelles. This provision shall apply regardless of your residence, domicile or  citizenship. 

(c) ENTIRE AGREEMENT. This Agreement, together with the Privacy Policy,  constitute the entire understanding by and between you and us with respect to the subject matter herein,  and shall supersede any and all prior communications, negotiations, correspondence, course of dealings  and other agreements, written or oral, between the parties regarding such subject matter. You  acknowledge that you have read this Agreement and are fully aware and understand all of its terms and  conditions and consequences. 

(d) SEVERABILITY. If any provision of this Agreement is found to be invalid, illegal or  unenforceable, a modified provision shall be substituted which carries out as nearly as possible the  original intent of the parties and the remaining provisions shall in no way be affected. 

(e) NO AGENCY OR EMPLOYMENT RELATIONSHIP. Nothing contained in this  Agreement shall be construed as creating an agency, partnership, employment or other form of joint  enterprise between you and us. Each party shall ensure that they will not represent to the contrary, either  expressly, implicitly, by appearance or otherwise. 

(f) WAIVER. No failure or delay by us in exercising any right, power or privilege under  this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude  any other or further exercise thereof or the exercise of any other right, power or privilege. No terms or  provisions hereof shall be deemed waived and no breach consented to or excused, unless such waiver,  excuse or consent shall be in writing and signed by us. 

(g) ASSIGNMENT. You shall not assign any rights or licenses granted under this  Agreement. Any attempted assignment or transfer in violation of this provision shall be null and void. We  reserve the right to assign our rights without restriction, including without limitation to any affiliates or  to a successor in interest. Subject to the foregoing, this Agreement will bind and inure to the benefit of  the parties, their successors and permitted assigns. 

(h) SURVIVAL. The following provisions shall survive according to their terms after  termination or expiration of this Agreement: Sections 8, 12-18 and 20-22, in addition to any other  provision, which by its very nature is intended to survive termination or expiration of this Agreement. 

(i) SECTION HEADINGS. This Agreement contains section headings for convenience  and such headings shall not affect or provide any interpretation as to the meaning of this Agreement.

(j) FORCE MAJEURE. We shall not be liable for delays, failure in performance or  interruption of service that results directly or indirectly from any causes reasonably beyond our direct  control, including without limitation significant market volatility, acts of God or of the public enemy, acts  of terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, fire, wind,  flood, accident, interruption in telecommunications or internet service or network provider services,  failure of equipment or software, epidemic, pandemic, restrictions, strikes or freight embargoes or  because of any Law, order, proclamation, regulation or ordinance of any governmental authority or any  other unforeseeable act or action of like character.