Terms of Service

This is a contract between you and XIO Genesis. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all Applicable Law (as defined below). Without limiting the generality of the foregoing, any access to and/or use of the Service by anyone who is under the age of 18 is strictly prohibited and in violation of these Terms.
You represent and warrant that:
(a) your access to and/or use of the Service is not prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over XIO Genesis, you, or the Service, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, "Applicable Law");
(b) you meet the applicable age requirements under Applicable Law and are competent to agree to these Terms;(c) you are not a resident, national, or agent of Iran, Cuba, North Korea, Syria, or the Crimean Region of Ukraine or any other country to which the United States embargoes goods or imposes similar sanctions;
(d) you are not a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government, the European Union, or the United Nations (collectively, "Sanctions Lists Persons") and you do not intend to transact with any Sanctions List Person; and
(e) you do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Service.

We may, with or without prior notice, change the Service; change the digital assets supported on our Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service with or without notice and without liability, for any reason, including if, in our sole determination, you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you will continue to be bound by these Terms.This is a contract between you and XIO Genesis. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all Applicable Law (as defined below). Without limiting the generality of the foregoing, any access to and/or use of the Service by anyone who is under the age of 18 is strictly prohibited and in violation of these Terms.

Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use and strictly as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service.

Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not assist, permit, or enable any third party to do, any of the following:
(a) decipher, disassemble, reverse engineer, decode or decompile any part of the Service;
(b) use any robot, spider, scraper, crawler, data mining tool, data gathering or extraction tool, or any other automated means, to access, search, collect, download, copy or record information or data from the Service or to access the Service, other than through the software and/or other technology provided or authorized by us (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
(c) use any content available on or via the Service or any output thereof (including any caption information, keywords, or other metadata) for any machine learning and/or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons;
(d) copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any XIO Genesis Content (as defined in Section 4.2 below), including, without limitation by any automated or non-automated "scraping";
(e) use the Service in any manner that impacts the stability of the servers running the Service, the operation or performance of the Service or any User's use of the Service, or the behavior of other applications that use the Service, or take any action that imposes, or may impose (as determined by us, in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
(f) use the Service in any manner or for any purpose that: (i) violates, or promotes the violation of, any Applicable Law, contractual obligation, or right of any person, including, but not limited to, Intellectual Property Rights (as defined in Section 4.1 below), privacy rights, and/or rights of personality, (ii) is fraudulent, false, deceptive, or defamatory, (iii) promotes hatred, violence, or harm against any individual or group, and/or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us or to our Suppliers (as defined in Section 4.2 below), Users, or any other third party;
(g) use or display the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage;
(h) access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us;
(i) bypass the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or any portion thereof;
(j) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;
(k) use the Service to transmit spam, chain letters, or other unsolicited email;
(l) use the Service for any commercial solicitation purposes;
(m) transmit invalid data, viruses, worms, or other software agents through the Service;
(n) impersonate another person or entity, misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use the Service for any invasive or fraudulent purpose;
(o) collect or harvest any personal information, including Users' names, from the Service;(p) identify or refer to us or to the Service in a manner that could reasonably imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our prior express written consent;
(q) use the Service with any digital assets that are not supported; or
(r) use the Service for 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), or other deceptive, misleading, or manipulative activity.You agree that a breach of this Section 2.4 shall constitute a material breach of these Terms.We are not obligated to monitor your access to or use of the Service. However, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms, and to comply with Applicable Law or other legal or contractual requirements. Without limiting the foregoing, we have the right to investigate violations of these Terms or conduct that affects the Service, and we may also consult and cooperate with law enforcement authorities to investigate or prosecute Users who violate Applicable Law. Furthermore, we reserve the right to disclose any relevant data or information provided to or through the App and/or Service to law enforcement, regulatory authorities, or other entities when required to comply with applicable sanctions, anti-money laundering (AML) regulations, or similar legal requests. Such disclosures may include details of transactions or User information as mandated by Applicable Laws.

Your account on the Service ("User Account") gives you access to certain services and functionalities that we may establish and maintain as part of the Service from time to time, in our sole discretion.
You may never use another User's User Account without such User's permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date.You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. You must notify us immediately of any breach of security or unauthorized use of your User Account. WE WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIM LIABILITY FOR, ANY LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR USER ACCOUNT AND/OR ANY CHANGES TO YOUR USER ACCOUNT.
If requested, you agree to diligently assist us in responding to requests and inquiries with respect to your User Account and/or materials or transactions associated with you or your User Account, including without limitation by providing us with all information and assistance we may reasonably require, and/or responding promptly and accurately to any such requests and inquiries should we connect between you and the inquirer.
By connecting to the Service via a Third-Party Service (as defined in Section 6 below), you give us permission to access and use your information from that service, as permitted by that service, and to store your log-in credentials and/or access tokens for that service.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS, INCLUDING SHARING OF INFORMATION, WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS.

Occasionally, we may look for beta testers to help us test our new and/or experimental features. These features will be identified as "beta" or "pre-release," or words or phrases with similar meanings (each, a "Beta Product").
Beta Products are made available on an "as is" and "as available" basis and, to the extent permitted under Applicable Law, without any warranties or contractual commitments we may make for other portions of the Service.

You are entirely responsible for any tax liability which may arise from purchasing or reselling digital assets, or other activities you engage in while on the Service or which occur as a result of your activities on the Service. It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority. We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf. The taxes you owe are solely your responsibility.

By providing us with your email address, you consent to our using that email address to send you Service-related notices, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use that email address to send you other messages, including marketing and advertising messages (such messages, collectively, "Marketing Emails"). If you do not want to receive Marketing Emails, you may opt out of receiving them or change your preferences by contacting our support team at support@xio.ai or by clicking on the "unsubscribe" link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices.

For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and any and all other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.

The Service and all materials therein or transferred thereby, including, without limitation, any software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (collectively, "XIO Genesis Content"), and all Intellectual Property Rights related thereto, are the exclusive property of XIO Genesis and its licensors, providers, distributors, and suppliers (collectively, "Suppliers"). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any XIO Genesis Content. Use of the XIO Genesis Content for any purpose not expressly permitted by these Terms is strictly prohibited.

XIO Genesis may collect, maintain, process, and use, or you may provide to XIO Genesis, diagnostic, technical, usage, and related information, including information about your computers, mobile devices, systems, and software (collectively, "Usage Data"). You agree that all Usage Data is owned solely and exclusively by XIO Genesis, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to XIO Genesis all rights, title, and interest in and to the same. Accordingly, XIO Genesis may use the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (i) to provide and maintain the Service; (ii) to develop and improve the Service; (iii) to monitor your usage of the Service; (iv) for research and analytics and for XIO Genesis's other business purposes; and/or (v) to share analytics and other derived Usage Data with third parties, solely in deidentified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service. XIO Genesis may use these and other lawful measures to verify your compliance with the terms of these Terms and to enforce XIO Genesis's rights, including all Intellectual Property Rights, in and to the Service.

To the extent you provide any suggestions, recommendations, or other feedback relating to the Service or any other XIO Genesis products or services, (collectively, "Feedback"), such Feedback is non-confidential, and you hereby grant, and you represent and warrant that you have all rights necessary to grant, to XIO Genesis a non-exclusive, perpetual, irrevocable, transferable, royalty-free, and worldwide license, with the right to grant and authorize sublicenses, to implement, use, modify, and otherwise exploit, in any way without restriction, the Feedback, without any fees, attribution, or other obligations to you or any third party.

Please refer to our Privacy Policy for information about how we collect, use, share and otherwise process information about you. Please note that the Service interacts with public blockchains and, as such, information about you may become public (e.g., wallet ID, transactions, etc.).

The Service may link to or otherwise provide access to content, products, and services offered by third parties (each, a "Third-Party Service"). Further, certain portions of the Service may enable you to enable various Third-Party Services that may directly integrate with the Service. If you connect to the Service using a Third-Party Service, you give us permission to access and use your information from that Third-Party Service (including, without limitation, your e-mail address) as permitted by that Third-Party Service, and to store log-in credentials and/or access tokens for that Third-Party Service. You agree to pay all fees associated with your use of the Services, which may include fees payable to us, and also fees charged by Third-Party Services, and you acknowledge that you are solely responsible for covering such fees, including those incurred in connection with any recurring transactions you authorize.

IF YOU ENGAGE, INTERACT WITH, OR OTHERWISE USE A THIRD-PARTY SERVICE (INCLUDING WITHOUT LIMITATION TO CONNECT TO THE SERVICE, OR FOR ANY STAKING OR ANY OTHER TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE), YOU DO SO AT YOUR OWN RISK AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR ENGAGEMENT OR INTERACTION WITH, OR USE OF, THAT THIRD-PARTY SERVICE. IF YOU ENGAGE, INTERACT WITH, OR OTHERWISE USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND YOU AGREE TO, AND YOU MUST COMPLY WITH, THE APPLICABLE THIRD PARTY'S TERMS AND CONDITIONS MADE AVAILABLE VIA, OR AGREED IN CONNECTION WITH, THE APPLICABLE THIRD-PARTY SERVICE.
THIRD-PARTY SERVICES ARE NOT OFFERED OR CONTROLLED BY XIO GENESIS AND XIO GENESIS IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT YOU MIGHT INCUR AS A RESULT OF YOUR USE OF ANY THIRD-PARTY SERVICE OR ANY FUNCTIONALITY RELATED THERETO. THE INCLUSION OF THIRD-PARTY SERVICES DOES NOT IMPLY XIO GENESIS'S ENDORSEMENT OR RECOMMENDATION OF THEM. THE PROVIDER OF THE APPLICABLE THIRD-PARTY SERVICE MAY DISCONTINUE THE THIRD-PARTY SERVICE OR MAY LIMIT OR TERMINATE YOUR ACCESS TO THE THIRD-PARTY SERVICE OR THE USE OF SUCH THIRD-PARTY SERVICE WITH THE SERVICE, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT (INCLUDING ANY LOSS OF FUNDS). XIO GENESIS WILL NOT BE ABLE TO RECOVER YOUR ACCOUNT ON THAT THIRD-PARTY SERVICE OR RECOVER OR RE-ISSUE ANY FUNDS OR OTHER ASSETS THAT MIGHT BE ASSOCIATED WITH YOUR ACCOUNT ON THAT THIRD-PARTY SERVICE.
XIO GENESIS WILL NOT BE LIABLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY LOSS OR DAMAGE ARISING FROM ANY ENGAGEMENT, INTERACTION WITH, OR USE OF THIRD-PARTY SERVICES (TO CONNECT TO THE SERVICE OR OTHERWISE) OR YOUR FAILURE TO COMPLY WITH THIS SECTION 6.

To use the App, you must have a mobile device that is compatible with the App. XIO Genesis does not warrant that the App will be compatible with your mobile device; further information on compatibility is to be found in the support documentation in the Apple App Store and the Google Play Store (as applicable). You may use mobile data in connection with the App and may incur additional charges from your wireless provider in connection with the App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the App under your User Account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below)), respectively, solely in accordance with these Terms. The foregoing license grant is not a sale of the App or of any copy thereof. You may not: (i) modify, disassemble, decompile, or reverse engineer the App, except to the extent that such restriction is expressly prohibited by Applicable Law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the App to any third party, or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; and/or (v) delete the copyright or other proprietary rights notices on the App. You acknowledge that we may, from time to time, issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and acknowledge that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into the App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or Suppliers retain all right, title, and interest in and to the App (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

This Section 7.2 applies to any App you acquire from the Apple App Store (such App, "iOS App"). These Terms are solely between you and XIO Genesis, not Apple, Inc. ("Apple"), and Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions and with the applicable Volume Content Terms. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by Applicable Law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to XIO Genesis as provider of the iOS App. Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and/or (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the iOS App, or your possession and use of the iOS App, infringes that third party's Intellectual Property Rights, XIO Genesis, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as relates to your license of the iOS App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iOS App against you as a third-party beneficiary thereof.

This Section 7.3 applies to any App you acquire from the Google Play Store (such App, the "Android App"): (i) these Terms are between you and XIO Genesis only, and not Google LLC or any affiliate thereof (collectively, "Google"); (ii) your access to and use of the Android App must comply with Google's then-current Google Play Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Android App; (iv) XIO Genesis, and not Google, is solely responsible for the Android App; (v) Google has no obligation or liability to you with respect to the Android App or these Terms; and/or (vi) Google is a third-party beneficiary to these Terms as they relate to the Android App.

You hereby release XIO Genesis from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including any other User) in connection with the Service.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS XIO GENESIS AND ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, ACCOUNTANTS, OFFICERS, AND DIRECTORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH:
(i) YOUR ACCESS TO AND/OR USE OF THE SERVICE, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU;
(ii) YOUR VIOLATION OF ANY TERM OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN CONTAINED;
(iii) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHT;
(iv) YOUR VIOLATION OF ANY APPLICABLE LAW;
(v) ANY APPLICABLE TAXES YOU MAY OWE AS A RESULT OF YOUR TRANSACTIONS ON THE SERVICE;
(vi) YOUR USE OF ANY THIRD-PARTY SERVICE, WHETHER ACCESSED THROUGH THE SERVICE OR OTHERWISE;
(vii) ANY DELAYS OR ANY ISSUES DUE TO UNTIMELINESS OF ANY TRANSACTIONS INITIATED THROUGH THE SERVICE;
(viii) ANY CONTENT THAT IS SUBMITTED VIA YOUR USER ACCOUNT, INCLUDING, WITHOUT LIMITATION, MISLEADING, FALSE, OR INACCURATE INFORMATION;
(ix) YOUR WILLFUL MISCONDUCT; AND/OR
(x) ANY OTHER PARTY'S ACCESS TO AND/OR USE OF THE SERVICE WITH YOUR CREDENTIALS.
XIO GENESIS RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND AT ITS EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY SUCH CLAIMS, IN WHICH CASE, YOU AGREE TO COOPERATE AS REASONABLY REQUESTED BY XIO GENESIS IN THE DEFENSE OF SUCH CLAIMS.

By accessing or using the Service, you represent and warrant that you understand, and that you are sophisticated enough to understand, the inherent risks associated with cryptographic and public blockchain-based systems, including crypto digital wallets, cryptographic tokens, and other blockchain-based software systems. These risks include, but are not limited to, the following:

(a) Blockchain Technology: Public blockchain networks, and the technology underlying and interacting with cryptographic and public blockchain-based networks, are experimental, inherently risky, and subject to change. Among other risks, bugs, malfunctions, cyberattacks, or changes to a particular public blockchain network (e.g., via forks) could disrupt these technologies irreparably. Additionally, advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and the Service, which could result in the theft or loss of your cryptographic tokens or property. There is no guarantee that any of these technologies will not become unavailable, degraded, or subject to hardware or software errors, operational or technical difficulties, denial-of-service attacks, other cyberattacks, or other problems requiring maintenance, interruptions, delays, or errors.

(b) Network Cost and Performance: The cost, speed, and availability of transacting on public blockchain networks are subject to significant variability. There is no guarantee that any transfer will be confirmed or transferred successfully. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the relevant blockchain. You acknowledge these risks and agree that XIO Genesis cannot and will not be held liable for any cost fluctuations or increased costs. You are required to maintain an adequate amount of digital assets within your digital wallet to process any requested transactions.

(c) Blockchain Transactions and Smart Contract Execution: Public blockchain network-based transactions (including but not limited to transactions executed by triggering or "calling" smart contracts) are generally considered irreversible when confirmed. Any transaction that will interact with smart contracts or be recorded on a public blockchain network must be recorded with extreme caution.

(d) Bridging: In addition to being an especially novel and untested implementation of blockchain technology in general, cross-blockchain bridging technology has historically been, and may in the future be, the subject of numerous cyberattacks and exploits, including without limitation, hacks that exploit a vulnerability in the associated software, hardware, systems or other equipment or social engineering to gain control of any bridge components, wallets, smart contracts or other related systems. You understand that we do not create, own, or operate cross-chain bridges and we do not make any representation or warranty about the safety or soundness of any cross-chain bridge.

(e) Legislative and Regulatory Risks: Digital assets, blockchain technology, and any related software and services are subject to legal and regulatory uncertainty in many jurisdictions. Legislative and regulatory changes or actions may adversely affect the usage, transferability, transactability and accessibility of digital assets or the Service.

(f) Digital Assets: The markets for digital assets are nascent and highly volatile due to various risk factors including (but not limited to) adoption, speculation, technology, security, and regulation. Digital assets and their underlying blockchain networks are complex emerging technologies that may be subject to delays, halts or go offline as a result of errors, forks, attacks or other unforeseeable reasons. Purchasing, holding, or trading in digital assets involves considerable risk and may result in you losing all of your money or the value of your digital assets. Anyone can create a digital asset, including fake versions of existing digital assets and digital assets that falsely claim to represent projects. So-called stablecoins may not be as stable as they purport to be, may not be fully or adequately collateralized, and may be subject to panics and runs. You are solely responsible for understanding the risks specific to each digital asset that is relevant to you.

(g) Wallet Security and Safekeeping: You are solely responsible for safeguarding and securing your non-custodial crypto wallets. The App and Service operate as a non-custodial platform, meaning we do not control, manage, or secure any User's digital assets or funds. Users bear full responsibility for securing their own wallets, private keys, and seed phrases. We cannot access, recover, or reissue digital assets or funds under any circumstances, including in the event of loss or unauthorized access. If you lose your wallet seed phrase, private keys, or password, you may be unable to access your digital assets, and any unauthorized access to your wallet by third parties could result in the loss or theft of your assets. While we are not involved in, or responsible for, the storage, retention, security, or recovery of your wallet seed phrases, private keys, passwords, or other credentials, certain third-party non-custodial key management solutions may offer password recovery support.

(h) Third Party Risks: Third-Party Services (as defined in Section 6) carry their own individual, oftentimes highly significant risks. When you use the Service to interact with any Third-Party Services, you are subject to all of those risks.

(i) Information on the Service: The Service attempts to provide up-to-date information for all digital assets listed; however, due to the nature of digital assets, and the source of the information (which may come from third parties), some of the information posted to the Service may be out of date or inaccurate. You should not take, or refrain from taking, any action based on any information contained within the Service, or any other information that we make available at any time, including, without limitation, blog posts, articles, links to third-party content, discord content, news feeds, tutorials, tweets, or videos. As you control your own digital wallet, you are solely responsible for verifying any information related to your transactions prior to engaging in them.

(j) Timing of transactions: The Service does not control the timing of any transactions. You acknowledge and agree that fees for transactions can vary depending on the time such transactions take effect, and you assume this risk.

(k) Unregulated Service: XIO Genesis and the Service are not registered or qualified with or licensed by, do not report to and are not under the active supervision of any government agency or financial regulatory authority or organization.

BY ACCESSING OR USING THE SERVICE, YOU UNDERSTAND AND AGREE THAT: (I) XIO GENESIS IS NOT RESPONSIBLE FOR THE OPERATION OF THE UNDERLYING SOFTWARE AND NETWORKS FACILITATING ANY TRANSACTIONS; (II) THERE EXISTS NO GUARANTEE OF FUNCTIONALITY, SECURITY, OR AVAILABILITY OF THE UNDERLYING SOFTWARE OR NETWORKS; (III) THE UNDERLYING PROTOCOLS ARE SUBJECT TO SUDDEN CHANGES IN OPERATING RULES WHICH MAY MATERIALLY AFFECT THE SERVICE; (IV) XIO GENESIS MAY DECIDE, IN ITS SOLE DISCRETION, NOT TO SUPPORT (OR CEASE SUPPORTING) CERTAIN BLOCKCHAIN NETWORKS OR DIGITAL ASSETS ENTIRELY; AND (V) XIO GENESIS ASSUMES ABSOLUTELY NO RESPONSIBILITY WHATSOEVER IN RESPECT OF ANY UNDERLYING SOFTWARE PROTOCOLS. XIO GENESIS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM HACKS, VULNERABILITIES, OR OTHER SECURITY ISSUES WITHIN THIRD-PARTY BLOCKCHAIN PROTOCOLS OR DECENTRALIZED APPLICATIONS, INCLUDING BUT NOT LIMITED TO PROTOCOLS SUCH AS UNISWAP. USERS ACKNOWLEDGE AND ACCEPT FULL RESPONSIBILITY FOR ANY RISKS ASSOCIATED WITH INTERACTIONS INVOLVING THIRD-PARTY PROTOCOLS AND APPLICATIONS.YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE ALL CLAIMS, WHETHER KNOWN OR UNKNOWN TO YOU, AGAINST US, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES RELATED TO ANY OF THE RISKS SET FORTH IN THESE TERMS.

XIO GENESIS DOES NOT PROVIDE MONEY TRANSMISSION SERVICES OR ANY FORM OF PAYMENT SERVICES. XIO GENESIS DOES NOT OWN OR CONTROL OR OTHERWISE HAVE ANY RIGHTS TO ANY FUNDS, DIGITAL ASSETS, OR OTHER STORES OF VALUE, AND XIO GENESIS HAS NO ROLE IN ANY TRANSFER OF ANY FUNDS, DIGITAL ASSETS, OR OTHER STORES OF VALUE THAT SUBSTITUTES FOR CURRENCY TO ANOTHER LOCATION OR PERSON BY ANY MEANS. THE SERVICE DOES NOT ENABLE YOU TO ENGAGE IN, AND XIO GENESIS DOES NOT ENGAGE IN OR OFFER ANY SERVICES INVOLVING, THE TRANSFER, TRANSMISSION, OR PAYMENT OF MONEY, CURRENCY, OR ANY OTHER STORES OF VALUE BETWEEN XIO GENESIS AND YOU OR ANY OTHER USERS. ALL FINANCIAL TRANSACTIONS ARE FACILITATED THROUGH THIRD-PARTY SERVICES (AS DEFINED IN SECTION 6). YOUR PARTICIPATION IN ANY FINANCIAL TRANSACTIONS OR TRANSFERS ARE SUBJECT TO THE TERMS AND CONDITIONS OF THOSE THIRD-PARTY SERVICES AS FURTHER DESCRIBED IN SECTION 6, AND XIO GENESIS DISCLAIMS ANY LIABILITY RELATED TO SUCH TRANSACTIONS.

XIO GENESIS DOES NOT AND WILL NOT PROVIDE ANY INVESTMENT ADVICE IN CONNECTION WITH ANY TRANSACTIONS, AND TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, XIO GENESIS OWES NO FIDUCIARY DUTIES OR LIABILITIES TO YOU OR ANY OTHER PARTY (AND TO THE EXTENT ANY SUCH DUTIES OR LIABILITIES MAY EXIST AT LAW OR IN EQUITY, YOU HEREBY IRREVOCABLY DISCLAIM, WAIVE, AND ELIMINATE THOSE DUTIES AND LIABILITIES). ALL INFORMATION AND CONTENT PROVIDED OR MADE AVAILABLE ON OR THROUGH THE SERVICE IS PROVIDED: (I) FOR GENERAL INFORMATION PURPOSES ONLY; AND (II) WITHOUT ANY REGARD WHATSOEVER TO THE PERSONAL CIRCUMSTANCES OF ANY PERSON.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE XIO GENESIS CONTENT, AND ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XIO GENESIS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, XIO GENESIS AND ITS SUPPLIERS DO NOT WARRANT THAT THE XIO GENESIS CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPREHENSIVE, RELIABLE, USEFUL, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR APPLICABLE LAW; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) OR MOBILE DEVICE(S) OR FOR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR FROM YOUR USE OF THE SERVICE.
FURTHER, XIO GENESIS DOES NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICE, AND XIO GENESIS WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY THIRD PARTY SERVICE).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XIO GENESIS OR ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, AGENTS, ATTORNEYS, ACCOUNTANTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE, AND/OR TO THE XIO GENESIS CONTENT OR ANY OTHER INFORMATION CONTAINED IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL XIO GENESIS BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XIO GENESIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVERS RUNNING THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY APPLICABLE TAXES YOU MAY OWE AS A RESULT OF YOUR TRANSACTIONS ON THE SERVICE; (V) YOUR USE OF ANY THIRD-PARTY SERVICE, WHETHER ACCESSED THROUGH THE SERVICE OR OTHERWISE; (VI) ANY DELAYS OR ANY ISSUES DUE TO UNTIMELINESS OF ANY TRANSACTIONS INITIATED THROUGH THE SERVICE; (VII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (VIII) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (IX) ANY ERRORS OR OMISSIONS IN ANY XIO GENESIS CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (X) ANY CONTENT THAT IS SUBMITTED VIA YOUR USER ACCOUNT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL XIO GENESIS OR ITS SUPPLIERS, EMPLOYEES, CONTRACTORS, ATTORNEYS, ACCOUNTANTS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO XIO GENESIS HEREUNDER DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE LIABILITY AROSE OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF XIO GENESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

You agree that: (i) the Service will be deemed solely based in the British Virgin Islands; and (ii) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the British Virgin Islands. These Terms will be governed by the internal substantive laws of the British Virgin Islands, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving international commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the BVI Business Companies Act and the BVI Arbitration Act govern the interpretation and enforcement of the Arbitration Agreement below and preempt all other laws to the fullest extent permitted by Applicable Law. If the BVI Arbitration Act is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the British Virgin Islands. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the courts located in the British Virgin Islands for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our Intellectual Property Rights or other proprietary rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that the British Virgin Islands is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.

READ THIS SECTION 13.2 CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) General. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as a User or consumer (each, a "Claim," and, collectively, "Claims"). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

(b) Opting Out of Arbitration Agreement. If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@xio.ai with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

(c) Dispute-Resolution Process. For any Claim, you will first contact us at support@xio.ai and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the BVI International Arbitration Centre before a single arbitrator (the "Arbitrator"), under the rules then in effect for the BVI International Arbitration Centre (the "Rules"), except as provided herein. The BVI International Arbitration Centre may be contacted at www.bviiac.org, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the British Virgin Islands, unless you and XIO Genesis agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any BVI International Arbitration Centre filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) the BVI International Arbitration Centre may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from the BVI International Arbitration Centre; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys' fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

(d) Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or Intellectual Property Rights; or preventing you from asserting claims in a court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.

(e) Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties' ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

BY ENTERING INTO THESE TERMS, YOU AND XIO GENESIS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES. THIS CLASS ACTION/JURY TRIAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. YOU AND XIO GENESIS AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS.

You agree that we will not be responsible or liable for any delay in performance or failure to perform if and to the extent our default or delay is caused by events beyond our control, including, acts of God, hurricanes, storms, pandemics, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, internet outage, contagion, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

All provisions of these Terms which by their nature should survive termination or expiration shall so survive, including provisions pertaining to intellectual property, representations and warranties, limitation of liabilities, releases, dispute resolution, indemnity, fees and costs, assumption of risk, and these general provisions.

The headings in these Terms are for reference only and shall not affect the interpretations of these Terms. The terms "for example," "including" and/or "includes" shall be deemed to mean "for example, but not limited to," "including, but not limited to" or "includes, but is not limited to," as applicable.

Upon request by XIO Genesis, you will use best efforts to diligently assist XIO Genesis in responding to requests or inquiries (including providing us with any and all information) with respect to your User Account (including any past or present transactions associated with you or your User Account).

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by XIO Genesis without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

XIO Genesis may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business related purposes, to you via email notice, or written or hard copy notice, or through posting of such notice on the XIO Genesis website, as determined by XIO Genesis, in its sole discretion. XIO Genesis reserves the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. XIO Genesis is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

These Terms contain the entire agreement between you and XIO Genesis and supersede all prior and contemporaneous understandings between you and XIO Genesis regarding the Service. Except as otherwise stated in the Arbitration Agreement, if any right or provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and XIO Genesis's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Please contact us at support@xio.ai with any questions regarding these Terms.