XS_Fund Gateway service agreement


  • SBP

    This agreement is between you (referenced herein as “you” or with “your”) and XS_Fund. By accessing, using or clicking “I agree” to any of the services made available by XS_Fund or one of its affiliates or any other related services provided by XS_Fund or its affiliates as further described in Section 3 below (collectively, the “Services”) you agree that you have read, understood and accepted all of the terms and conditions contained in this Terms of Use agreement (the or these “Terms”). Additionally, when using certain features of the Services, you may be subject to additional terms and conditions applicable to such features.
    PLEASE READ THESE TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES. THESE TERMS CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION ARE SET FORTH IN SECTION 14 BELOW ENTITLED “RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER, GOVERNING LAW.” AS WITH ANY ASSET, THE VALUE OF DIGITAL CURRENCIES CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU WILL LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL CURRENCIES. BY USING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTING IN DIGITAL CURRENCIES (2) THAT YOU ASSUME ALL RISKS WITH RESPECT TO YOUR USE OF THE SERVICES AND TRADING IN DIGITAL CURRENCIES AND (3) VITELABS IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
    BY ACCESSING, USING OR ATTEMPTING TO USE THE SERVICES IN ANY CAPACITY, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

    1. Agreement Conditions
      XS_Fund reserves the right to modify or change the Terms at any time and at its sole discretion. XS_Fund will provide notice of these changes by updating the revised Terms and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of Vite’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. XS_Fund encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
    2. Prohibition of Use
      By accessing and using the Services, you represent and warrant that you are not on any trade or economic sanctions lists, such as the UN Security Council Sanctions list, designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”. XS_Fund maintains the right to select its markets and jurisdictions to operate and may restrict or deny the Services in certain countries at its discretion.
    3. Description of Services
      XS_Fund provides an online gateway to ViteX users for products commonly known as cryptographic tokens, digital tokens or cryptographic currency (collectively, “Digital Currency”). XS_Fund merely provides gateway services for 4 cross-chain altcoins: BTC、ETH、USDT、GRIN. XS_Fund functions as a trading platform provider and not as a buyer or seller in trades made between traders. XS_Fund is also not a market maker.
      XS_Fund strives to maintain the accuracy of information posted on the Services however it cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. XS_Fund does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated on the Services or other communication mediums. All users of the Services must understand that there are risks involved in trading in Digital Currencies. XS_Fund encourages all users to exercise prudence, trade and list trading pairs responsibly within their own means.
    4. Guidelines for Usage of the Services
      a. License
      Subject to your continued compliance with the express terms and conditions of these Terms, you are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. All such use is expressly prohibited and shall constitute a material violation of these Terms. The content layout, formatting, and features of and access privileges for the Services shall be as specified by XS_Fund in its sole discretion. All rights not expressly granted under these Terms are hereby reserved. Accordingly, you are hereby prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
      These Terms provide only a limited license to access and use the Services. Accordingly, you hereby agree that XS_Fund transfers no ownership or intellectual property interest or title in and to the Services or any XS_Fund intellectual property to you or anyone else in connection with your use of the Services. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services are exclusively owned, controlled, and/or licensed by XS_Fund or its members, parent(s), licensors, or affiliates.
      XS_Fund will own any feedback, suggestions, ideas, or other information or materials regarding XS_Fund or the Services that you provide, whether by email, through the Services or otherwise (“Feedback”). You hereby assign to XS_Fund all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
      b. Restrictions
      When you use the Services you agree and covenant to observe the following:
      All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of XS_Fund;
      Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services;
      You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);
      You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without XS_Fund’ prior written consent.
      You may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, (ii) attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any XS_Fund server or to any of the services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or XS_Fund’s systems or networks or any systems or networks connected to the Services, (v) use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services, (vi) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or (vii) use the Services in an unlawful manner.
      By accessing the Service, you agree that XS_Fund shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:
      block and close order requests
      reporting the incident to authorities
      publishing the alleged violations and actions that have been taken
      deleting any information you published that is in violation
    5. Cross-Chain Receive, Transfer and Service Fees
      a. Cross-Chain Receive
      When using cross-chain receive, users must be careful to confirm the information of cross-chain receive digital asset and carefully select the relevant operational options. XS_Fund will not compensate for the loss of users' own rights and interests due to incorrect input, operation, or misunderstanding of the cross-chain receive.
      XS_Fund does not guarantee that the cross-chain receive will be completed smoothly or correctly if the user enters the operation illegally or using a cross-chain receive method specified by XS_Fund. XS_Fund will not compensate or compensate for any damage to the user's rights, and XS_Fund reserves the right to terminate the cross-chain receive and use of the cross-chain services at any time.
      Users may not undertake any illegal activities through XS_Fund cross-chain services, and may not use the gateway to make profits. Otherwise, XS_Fund has the right to terminate the services and recover illegal profits. If the circumstances are serious, it shall be transferred to the judicial authorities according to local law.
      b. Cross-Chain Transfer
      When using cross-chain transfer, users must be careful to confirm the information of cross-chain transfer digital asset and carefully select the relevant operational options. XS_Fund will not compensate for the loss of users' own rights and interests due to incorrect input, operation, or misunderstanding of the cross-chain transfer.
      XS_Fund does not guarantee that the cross-chain transfer will be completed smoothly or correctly if the user enters the operation illegally or using a cross-chain transfer method specified by XS_Fund. XS_Fund will not compensate or compensate for any damage to the user's rights, and XS_Fund reserves the right to terminate the cross-chain transfer and use of the cross-chain services at any time.
      Users may not undertake any illegal activities through XS_Fund cross-chain services, and may not use the gateway to make profits. Otherwise, XS_Fund has the right to terminate the services and recover illegal profits. If the circumstances are serious, it shall be transferred to the judicial authorities according to local law.
      c. Fees
      You agree to pay XS_Fund gateway service fees which may be updated from time to time in XS_Fund’ sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize XS_Fund to remove any amounts from your Account for any applicable fees owed by you under these Terms.
    6. Liability
      a. Disclaimer of Warranties
      TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE VITELABS MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VITELABS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND VITELABS EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, VITELABS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR VITELABS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VITELABS DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT VITELABS WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.
      THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
      b. Disclaimer of Damages and Limitation of Liability
      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VITELABS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VITELABS AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF VITELABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF VITELABS’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
      NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF VITELABS, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF VITELABS OR ITS AFFILIATES WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO VITELABS UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
      c. Indemnification
      You agree to indemnify and hold harmless XS_Fund, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify XS_Fund, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, XS_Fund will have the right, in its sole discretion, to control any action or proceeding and to determine whether XS_Fund wishes to settle, and if so, on what terms.
    7. Announcements
      Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on https://http://vite.org where we urge all users to refer to regularly. XS_Fund will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
    8. Termination of Agreement
      You agree that XS_Fund shall have the right to immediately suspend your cross-chain services and suspend your access to XS_Fund gateway for any reason including if it suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that XS_Fund shall not be liable to you for any permanent or temporary modification, suspension or termination of your Account or access to all or any portion of the Services. XS_Fund shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:
      The account is subject to a governmental proceeding, criminal investigation or other pending litigation;
      We detect unusual activity in the account;
      We detect unauthorized access to the account;
      We are required to do so by a court order or command by a regulatory/government authority
      In case of any of the following events, XS_Fund shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on XS_Fund and withdraw the corresponding XS_Fund Account thereof:
      after XS_Fund terminates services to you;
      you allegedly register or register in any other person’s name as XS_Fund user again, directly or indirectly;
      the information that you have provided is untruthful, inaccurate, outdated or incomplete; when these Terms are amended,
      you expressly state and notify XS_Fund of your unwillingness to accept the amended Terms;
      you request that the Services be terminated; and
      any other circumstances where XS_Fund deems it should terminate the services.
      If XS_Fund receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, XS_Fund may, but has no obligation to, place an administrative hold on the affected funds and your Account. If XS_Fund does place an administrative hold on some or all of your funds or Account, XS_Fund may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to XS_Fund has been provided to XS_Fund in a form acceptable to XS_Fund. XS_Fund will not involve itself in any such dispute or the resolution of the dispute. You agree that XS_Fund will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.
      a. Remaining funds after Account termination
      Except as set forth in subsection (b) below, once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to XS_Fund) on the account will be payable immediately to XS_Fund. Upon payment of all outstanding charges to XS_Fund (if any), the User will have 5 business days to withdraw all funds from the Account.
      b. Remaining funds after Account termination due to fraud, violation of law, or violation of these terms
      XS_Fund maintains full custody of the funds and User data/information(except for users' private key) which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.
    9. No Financial Advice
      XS_Fund is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by XS_Fund is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. XS_Fund does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. XS_Fund will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by XS_Fund.
    10. Compliance with Local Laws
      It is the responsibility of the User to abide by local laws in relation to the legal usage of XS_Fund in their local jurisdiction. Users must also factor, to the extent of their local law all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All Users of XS_Fund and any of its services acknowledge and declare that the source of their funds come from a legitimate manner and are not derived from illegal activities. XS_Fund maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate the account and funds of Users which are flagged out or investigated by legal mandate.
    11. RESOLVING DISPUTES
      PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.
      Notification of Dispute. Please contact XS_Fund first! XS_Fund wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting XS_Fund first.
      Agreement to Arbitrate. You and XS_Fund agree to resolve any claims relating to this Agreement (including any question regarding its existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in subsection (a) above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration.
    12. Miscellaneous
      Independent Parties. XS_Fund is an independent contractor and not an agent of you in the performance of these Terms. These Terms not to be interpreted as evidence of an association, joint venture, partnership, or franchise between the parties.
      Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of the Services and will supersede all prior agreements between the parties whether, written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of these Terms.
      Force Majeure. XS_Fund will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond XS_Fund’ reasonable control.
      Severability. If any portion of these Terms are held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
      Assignment. You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. XS_Fund may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
      Waiver. The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
      Third-Party Website Disclaimer. Any links to third-party websites from the Services does not imply endorsement by XS_Fund of any products, services or information presented therein, nor does XS_Fund guarantee the accuracy of the information contained on them. In addition, since XS_Fund has no control over the terms of use or privacy practices of third-party websites, you should read and understand those policies carefully.
      Contact Information. For more information on XS_Fund, you can refer to the company and license information found on the website. If you have questions regarding this agreement, please feel free to contact XS_Fund for clarification via our Customer Support team.

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