Terms of Service for XpadPro
Last Updated: [27.09.2023]
XpadPro ("Platform") is a decentralized blockchain-based platform designed to facilitate venture investments, token sales, and reward-based crowdfunding. By accessing and using XpadPro’s services, you agree to these Terms of Service ("Terms"). These Terms form a legally binding agreement between you ("User") and XpadPro. Please read them carefully. If you do not agree to these Terms, you must not use XpadPro.
Disclaimer
By using the XpadPro platform, you confirm that you are at least 18 years old. Investing in cryptocurrencies and startups carries a high level of risk, including the possibility of complete loss of funds. You agree to make all decisions based on your independent analysis and personal understanding of the associated risks. All investment actions are undertaken at your own risk.
Users are fully responsible for complying with all applicable international and local regulations. The XpadPro platform, its team, and partners are not liable for any actions, investments, or decisions made by users, nor for any losses resulting from the use of the platform.
The information provided on the XpadPro website is for informational purposes only and does not constitute a direct recommendation, offer, or solicitation for investment. XpadPro makes no guarantees regarding the accuracy, completeness, or timeliness of the information presented on the website or external resources.
1.1 Acceptance of Terms
By accessing, browsing, or using the XpadPro platform, including any associated interfaces, smart contracts, or applications, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any other applicable guidelines, terms, or conditions that may be posted from time to time on the platform. Your continued use of the platform after any changes constitutes your acceptance of those changes. If you do not agree with these Terms, you must immediately discontinue your use of the platform.
1.2 Updates to the Terms
XpadPro reserves the right to update these Terms at any time but will notify users in advance of significant changes. All changes will be posted on the platform, and users will be informed through appropriate communication channels. Users are responsible for reviewing these changes, and continued use of the platform following such updates constitutes acceptance of the new Terms. If a user disagrees with the updated Terms, they must immediately discontinue using the platform.
1.3 Eligibility
By using XpadPro, you represent and warrant that:
You are at least 18 years old or have reached the legal age of majority in your jurisdiction, whichever is greater.
You have the full legal capacity to enter into and abide by these Terms.
Your use of the platform does not violate any applicable laws or regulations in your jurisdiction, including but not limited to restrictions regarding cryptocurrencies or decentralized finance (DeFi).
You are using XpadPro for lawful purposes and not for any fraudulent or illegal activity, including money laundering, terrorist financing, or other prohibited activities.
While XpadPro strives to operate in accordance with applicable laws, users bear full responsibility for ensuring their compliance with the laws of their jurisdiction.
1.4 No Use in Restricted Jurisdictions
XpadPro’s platform is not intended for use in any jurisdiction where the operation or availability of blockchain platforms or cryptocurrencies is restricted or illegal. If you are located in such a country or jurisdiction, you are prohibited from accessing or using the platform. You are solely responsible for ensuring that your use of XpadPro complies with all applicable laws and regulations in your jurisdiction, including but not limited to tax, financial reporting, and cryptocurrency regulations. XpadPro will not be liable for any consequences arising from your illegal or non-compliant use of the platform.
Users must verify compliance with jurisdictional laws before using the platform. XpadPro will provide a list of restricted jurisdictions and notify users of any regulatory changes that may impact access.
1.5 User Agreement to Blockchain Technology
By using XpadPro, you acknowledge and agree that the platform relies on decentralized blockchain technology, including the use of smart contracts, which may involve inherent technological risks. You understand that XpadPro is not responsible for any losses due to issues inherent in the blockchain, including but not limited to smart contract vulnerabilities, network congestion, or changes to underlying blockchain protocols.
1.6 Account and Identity
XpadPro does not require the creation of user accounts, as interactions on the platform are conducted through blockchain wallet addresses. However, you are solely responsible for ensuring the security and confidentiality of your wallet credentials. You may not impersonate another individual or entity or provide false information while interacting with the platform.
2.1 Decentralized Nature
XpadPro is a decentralized platform that operates using blockchain technology and smart contracts. It facilitates venture investments, token sales, staking, and reward-based crowdfunding, enabling users to engage in these activities without reliance on a centralized authority. All transactions and interactions on XpadPro are governed by smart contracts, which automatically execute actions based on predefined conditions without the need for intermediaries. The decentralized nature of the platform ensures transparency, security, and autonomy for users.
2.2 No Broker, Custodian, or Investment Advisor
XpadPro is not a financial institution, broker, custodian, or investment advisor. The platform solely provides decentralized infrastructure and tools for users to participate in token sales, staking, and other decentralized finance (DeFi) activities. XpadPro does not provide any form of financial, legal, tax, or investment advice. Users are fully responsible for conducting their own due diligence and making informed decisions based on their individual circumstances. The platform encourages users to seek advice from professional advisors if needed, as participation in token sales and DeFi activities involves significant risk.
XpadPro provides tools for decentralized finance without offering personalized advisory services or investment recommendations, avoiding potential conflicts of interest.
2.3 No Control Over Transactions
All transactions on XpadPro are executed via smart contracts and are governed solely by the rules embedded within those contracts. Once a transaction is initiated on the blockchain, it cannot be reversed, modified, or interfered with by XpadPro or any third party. This includes but is not limited to token transfers, staking, and token sales. XpadPro does not hold or have access to user funds, private keys, or tokens at any point. Users are solely responsible for safeguarding their wallets and private keys. Loss of wallet credentials may result in the permanent loss of access to tokens or assets, for which XpadPro cannot provide recovery or assistance.
2.4 Immutable and Transparent Blockchain Records
All actions on XpadPro, including transactions, staking, and token sales, are recorded on the blockchain, providing a transparent and immutable ledger. Users should be aware that while their wallet addresses remain anonymous, all transactions are publicly viewable on the blockchain. The decentralized nature of the blockchain ensures that no single entity, including XpadPro, can alter or delete transaction records.
2.5 Third-Party Projects and Offerings
XpadPro provides the infrastructure for token sales and staking, but it does not endorse, manage, or operate the projects offered on its platform. Each project and its respective team are fully responsible for the content, legality, and execution of their token sales or other activities. XpadPro does not audit or verify the authenticity or viability of any projects, and users are encouraged to perform thorough research before participating in any token sale or staking opportunity. XpadPro shall not be held liable for any project failures, misrepresentations, or losses incurred as a result of participation.
2.6 Self-Custody and User Autonomy
As XpadPro operates without central control or custody over user assets, all users are responsible for their own assets and interactions. This includes the security of their private keys and wallets, as well as understanding how smart contracts operate. By using XpadPro, you acknowledge that you fully understand and accept the risks associated with interacting with decentralized systems and smart contracts, which may include technical issues, unexpected behavior, or loss of funds.
3.1 Wallet and Private Key Management
Users are solely responsible for the security, control, and management of their blockchain wallets and private keys. XpadPro does not store, manage, or have access to wallet credentials, recovery phrases, or private keys. If a user loses access to their wallet or private key, XpadPro is unable to assist in the recovery of funds, tokens, or access to the account. Users should implement security measures, such as using hardware wallets or enabling multi-factor authentication (where applicable), to protect their assets.
Recommendation: Regularly back up your wallet’s private key and store it securely offline to avoid loss of funds in the event of device failure or theft.
3.2 Compliance with Local Laws
It is the User’s responsibility to ensure that their participation in token sales, staking, or any other activities on XpadPro complies with all applicable local, national, and international laws and regulations. This includes but is not limited to:
Cryptocurrency regulations
Tax reporting and obligations
Anti-money laundering (AML) and combating the financing of terrorism (CFT) requirements Users must be aware of the legal landscape in their jurisdiction and bear full responsibility for any consequences arising from non-compliance with local laws.
Note: XpadPro does not offer any guarantees or provide any assistance regarding compliance with regulatory frameworks, and Users are encouraged to consult with legal professionals for guidance.
3.3 AML/KYC Requirements
Certain projects, token sales, or staking mechanisms on the platform may require users to undergo Know Your Customer (KYC) or Anti-Money Laundering (AML) verification procedures as required by applicable laws or project-specific regulations. These procedures are conducted by third-party service providers, and XpadPro does not have access to or control over the KYC/AML data. Users must comply with the requirements set by these providers and may be required to provide valid identification or documentation to participate in certain activities.
KYC/AML procedures are conducted by accredited third-party providers, and XpadPro bears no responsibility for the accuracy of user data. Users must complete these checks to participate in certain platform activities.
Warning: Failure to complete KYC/AML checks may result in the restriction of access to certain token sales or platform features.
3.4 Prohibited Activities
Users must not engage in any unlawful, fraudulent, or malicious activities while using XpadPro. Prohibited activities include, but are not limited to:
Engaging in illegal or unauthorized token sales: Users are prohibited from offering or participating in token sales that violate securities laws, financial regulations, or other applicable legal frameworks.
Money laundering or financing illegal activities: Users must not use the platform to launder money, finance terrorism, or engage in any other illicit activities.
Exploiting or hacking the platform: Any attempt to exploit vulnerabilities, manipulate smart contracts, or gain unauthorized access to the platform or user accounts is strictly forbidden. This includes, but is not limited to, the use of bots, scripts, or other malicious software to gain an unfair advantage.
Providing false or misleading information: Users are prohibited from providing inaccurate or false information during KYC/AML verification, token sales, or other platform-related activities.
Circumventing security measures: Attempting to bypass security protocols or protections implemented by XpadPro is a violation of these Terms.
Violations of these prohibitions may result in the immediate suspension or termination of your access to XpadPro, forfeiture of any funds or assets involved, and possible legal action.
3.5 Responsibility for Third-Party Actions
If you allow third parties to access your account or engage in transactions on your behalf, you assume full responsibility for their actions. XpadPro is not responsible for any losses or damages caused by the actions of third parties using your wallet or account, whether authorized or unauthorized. Users should not share their private keys or account information with anyone.
3.6 Responsible Use of the Platform
Users are expected to use XpadPro responsibly and in accordance with these Terms. This includes following best practices for security, ensuring compliance with the relevant laws, and engaging in legitimate, non-malicious transactions. Users should actively monitor their accounts and promptly report any suspicious activity or unauthorized access.
All disclaimers are made in accordance with applicable laws. XpadPro does not provide investment, financial, or legal advice, and users are encouraged to seek advice from qualified professionals before making investment decisions.
XpadPro is a decentralized platform that facilitates token sales, staking, and other blockchain-related activities, but it does not provide financial, investment, tax, or legal advice of any kind. By using XpadPro, you acknowledge and agree to the following:
4.1 Self-Directed Decisions
All decisions made regarding token sales, investments, staking, or other activities on the platform are undertaken solely at your own risk and discretion. XpadPro does not influence, manage, or direct your decisions, nor does it assess the suitability of any investment or participation for your specific situation.
You are solely responsible for evaluating and understanding the potential risks and rewards associated with any transaction you choose to engage in on XpadPro.
4.2 No Guarantees of Profit or Performance
XpadPro does not guarantee the profitability, success, or future value of any tokens purchased, staked, or otherwise transacted on the platform. Cryptocurrencies and blockchain projects can be highly volatile, and participation may result in the total loss of your funds or assets.
Participation in token sales and staking on XpadPro does not ensure that tokens will have value, liquidity, or future utility. Many projects may not achieve their objectives, and token values may decrease significantly or become worthless.
4.3 Consultation with Professionals
Before participating in any token sale, staking, or other activities on XpadPro, you should consult with appropriate professionals, including but not limited to:
Financial Advisors: To understand the risks and implications of cryptocurrency investments.
Legal Advisors: To ensure compliance with relevant legal frameworks in your jurisdiction and to fully understand your rights and obligations.
Tax Advisors: To assess the tax consequences of your activities, including potential liabilities related to gains or losses from cryptocurrency investments.
4.4 Risk Awareness and Management
Users are strongly encouraged to conduct their own thorough research and due diligence on any project, token, or staking opportunity before committing funds. This includes reviewing the project’s whitepaper, understanding the associated risks, and assessing the legitimacy and viability of the project.
Users should be aware of the inherent risks associated with blockchain technology, including but not limited to:
Market Volatility: Cryptocurrency prices can fluctuate dramatically, leading to potential losses.
Smart Contract Risks: There may be vulnerabilities, bugs, or failures in the smart contracts governing token sales or staking, which could result in loss of funds.
Regulatory Uncertainty: The legal and regulatory status of certain tokens or activities may change, potentially affecting the legality or value of your participation.
Cybersecurity Risks: Blockchain platforms, including XpadPro, may be targeted by hackers or malicious actors, which could result in the loss of tokens or other assets.
4.5 No Fiduciary Relationship
By using XpadPro, you understand that no fiduciary or advisory relationship is created between you and the platform, its operators, or any third parties involved in providing the platform’s services. XpadPro acts solely as a decentralized infrastructure provider and does not represent or act on behalf of users in any legal, financial, or advisory capacity.
4.6 Limitation of Liability
XpadPro is not liable for any financial losses, missed profits, or other damages resulting from your use of the platform, participation in token sales, or engagement in staking activities. Users must be prepared for the possibility of total loss of their investment and are encouraged to only participate with funds they can afford to lose.
5.1 High-Risk Nature of Cryptocurrencies
Cryptocurrencies are highly volatile, speculative, and unpredictable assets. The value of tokens can fluctuate dramatically in short periods, and participation in token sales or staking on XpadPro carries significant financial risks, including but not limited to:
Complete Devaluation: Tokens purchased or staked on XpadPro may lose part or all of their value, potentially becoming worthless.
Market Volatility: Cryptocurrency prices are subject to extreme fluctuations, which may result in substantial losses in a short time.
Regulatory Risks: Changes in laws, regulations, or governmental policies could affect the value of your tokens, restrict their usage, or even result in the prohibition of their sale or exchange.
It is possible that you may lose all the funds or assets you commit to token sales or staking activities on XpadPro. Users should only invest funds they are willing and able to lose.
5.2 No Guarantee of Token Liquidity or Profit
XpadPro provides a decentralized platform for token sales and staking but does not guarantee:
Token Liquidity: There is no assurance that tokens purchased through the platform will be tradable on secondary markets or exchanges. Some tokens may never be listed on exchanges, which could limit your ability to sell or transfer them.
Profit or Return on Investment: The purchase of tokens through XpadPro should not be seen as an investment with guaranteed returns. Tokens may not increase in value, and the project issuing the tokens may not succeed or fulfill its promises, resulting in potential loss of funds.
5.3 Cybersecurity and Technical Risks
Blockchain technology, while innovative, comes with inherent risks related to security, technology, and operational processes. Users should be aware of the following:
Cyberattacks and Hacking: XpadPro, like all blockchain platforms, is susceptible to hacking, cyberattacks, and theft. Malicious actors may attempt to compromise the platform, smart contracts, or user wallets, resulting in potential loss of funds or assets.
Smart Contract Vulnerabilities: Although XpadPro’s infrastructure is built on smart contracts, these contracts may contain bugs, coding errors, or vulnerabilities that could be exploited. Such exploits could result in the malfunctioning of token sales, staking mechanisms, or loss of funds.
Network Congestion or Failures: Blockchain networks can experience congestion, delays, or failures that may prevent transactions from being processed in a timely manner, potentially leading to financial losses or missed opportunities.
Blockchain Forks: Unexpected events, such as blockchain forks or network splits, could affect the stability of the platform or alter the functioning of tokens issued on the affected blockchain.
5.4 User Security Responsibilities
Users are responsible for securing their own assets and information. To mitigate risks, you are advised to:
Use Secure Wallets: Protect your assets by using secure, reputable wallets, such as hardware wallets or those with multi-signature support.
Enable Two-Factor Authentication (2FA): Where possible, enable 2FA to add an extra layer of security to your accounts and transactions.
Beware of Phishing Attacks: Be cautious of phishing attempts and only interact with trusted websites and applications to avoid malicious attacks that could compromise your wallet or private keys.
5.5 Regulatory and Legal Uncertainty
The legal status of cryptocurrencies and blockchain technologies is still evolving in many jurisdictions. Participation in token sales, staking, and other activities on XpadPro may be affected by new regulations, laws, or governmental actions that could limit or prohibit the use, transfer, or exchange of tokens. Users are solely responsible for ensuring their compliance with local regulations and are encouraged to stay informed about any changes that may impact their participation.
5.6 Project-Specific Risks
Each token sale or staking opportunity on XpadPro involves a unique set of risks based on the project issuing the tokens. These risks may include:
Failure to Deliver: The project may not meet its stated objectives or may fail entirely, leading to a loss of the value of the tokens.
Misrepresentation: Project teams may not provide accurate information or may fail to disclose key risks related to the project. Users should perform their own due diligence before participating.
Users are encouraged to carefully research and understand the specific risks associated with each project before engaging in any token sale, staking, or other activities on XpadPro.
6.1 Utility Tokens
XpadPro facilitates the sale of utility tokens, which are designed to provide access to specific products, services, or ecosystems offered by the projects conducting token sales on the platform. These utility tokens:
Are not Securities: Utility tokens do not grant users any ownership rights, dividends, or profit-sharing mechanisms. They should not be considered as equity, debt instruments, or any form of investment vehicle.
No Voting or Governance Rights: Holding utility tokens does not provide users with any governance rights in the project, such as the ability to vote on project decisions or participate in its management.
Intended Use: Users should only purchase utility tokens for their intended use within the project’s ecosystem, such as accessing services or products provided by the project, and not with the expectation of financial returns or appreciation in token value.
6.2 Project Independence and User Due Diligence
XpadPro operates as a neutral infrastructure provider and does not:
Endorse or Evaluate Projects: XpadPro does not vet, audit, or provide any assurances regarding the legitimacy, viability, or success of any project conducting token sales on the platform. Each project is independently responsible for the accuracy and legality of its token sale.
No Liability for Project Failures: XpadPro is not liable for any losses or damages resulting from the failure of a project to meet its promises or deliver its services/products as stated in its token offering.
User Responsibility:
Conducting Due Diligence: Users are solely responsible for conducting thorough due diligence before participating in any token sale. This includes researching the project team, the feasibility of the project's goals, and the potential risks involved in purchasing their tokens.
Legal and Regulatory Compliance: Users should ensure that their participation in token sales complies with applicable local laws and regulations, including those related to securities, cryptocurrencies, and tax obligations. XpadPro does not provide legal advice, and users are encouraged to consult with legal professionals if necessary.
6.3 Irrevocability of Transactions and Refund Policy
All token sale transactions conducted on XpadPro are governed by the following principles:
Irrevocability of Transactions: Once a transaction is initiated and confirmed through the blockchain, it cannot be reversed, modified, or canceled. Users must review all transaction details carefully before finalizing any purchase of tokens.
Refund Policy:
No Automatic Refunds: By default, token sales on XpadPro do not include any refund policy. Users should assume that their purchases are final and that they will not receive refunds.
Project-Specific Refunds: In rare cases, a project may offer refunds, which will be explicitly stated in the project's terms and encoded into the smart contract governing the token sale. Users should carefully review the specific terms of the project before participating to determine whether any refund conditions apply.
Dispute Resolution: In case of disputes related to the token sale, users must refer to the decentralized arbitration mechanisms as outlined in these Terms (see Section 8 on Decentralized Arbitration and Dispute Resolution).
6.4 Project Risks and User Acknowledgment
By participating in token sales on XpadPro, users acknowledge and accept the inherent risks associated with startup ventures and decentralized projects. These risks include but are not limited to:
Project Failure or Incomplete Development: Many projects in the blockchain space are experimental and may not achieve their goals, resulting in the loss of the token's value or utility.
Mismanagement or Fraud: While XpadPro provides the infrastructure for token sales, it cannot prevent project teams from engaging in fraudulent or misleading practices. Users are encouraged to remain vigilant and skeptical of any too-good-to-be-true promises.
Token Value Fluctuations: The value of tokens may fluctuate due to market dynamics, regulatory changes, or the performance of the project. There is no guarantee that tokens will retain their value or increase in price over time.
6.5 No Guaranteed Listing on Exchanges
XpadPro does not guarantee that tokens sold on its platform will be listed on any secondary markets or exchanges. Even if a token is listed, its liquidity may be limited, and users may find it difficult or impossible to sell their tokens. Users should be prepared to hold their tokens for their intended use within the project’s ecosystem without any expectation of liquidity or resale opportunities.
7.1 Staking of XPP Tokens
Staking on the XpadPro platform allows users to participate in certain token sales and access unique platform features. The staking process involves the following:
Staking Requirements: To participate in specific token sales or unlock certain features of the platform, users may be required to stake XPP tokens. This can include voting rights, access to exclusive token sales, or additional rewards.
Locking of Staked Tokens: Once staked, XPP tokens are locked by smart contracts for a predetermined period. During this lock-up, staked tokens cannot be transferred, withdrawn, or used in any way until the conditions of the staking contract are met.
Staking Rewards: Some staking programs may offer rewards, such as additional tokens or access to special features, for users who stake their XPP tokens. These rewards are automatically calculated and distributed by the smart contracts.
Staking Risks: Users should understand the risks associated with staking, including fluctuations in token value during the lock-up period, smart contract failures, and potential delays in unlocking staked tokens due to network congestion or other technical issues.
7.2 Vesting of Purchased Tokens
Tokens purchased on XpadPro may be subject to vesting schedules that are enforced automatically by smart contracts. These schedules define how and when tokens are gradually released over time.
Automatic Token Release: Vesting conditions are established at the time of token purchase and executed automatically via smart contracts. The vesting schedule determines the release of tokens in increments or at specific intervals.
Non-Alterable Conditions: Once the vesting schedule is in place, neither XpadPro nor the project issuing the tokens can modify or cancel the vesting terms. Users accept these conditions when purchasing the tokens.
Vesting Period: The vesting period may vary by project. For example, tokens might be released fully after 12 months, or they might be unlocked gradually over time (e.g., monthly releases over a one-year period). Users are advised to review the vesting conditions carefully before committing.
Vesting Risks: Users should be aware that vesting schedules may restrict their access to tokens during periods of market volatility. The value of tokens may fluctuate while they are locked in vesting, and users may not have the opportunity to sell their tokens until they are fully vested.
7.3 User Responsibilities
Informed Participation: Users are responsible for reviewing the terms of both staking and vesting before participating in any token sale or staking program. All conditions are clearly presented before confirming any transactions, and users waive the right to request changes or refunds based on dissatisfaction with these terms after the fact.
Reliance on Smart Contracts: XpadPro utilizes smart contracts to enforce all staking and vesting conditions. The platform does not manually intervene in the execution of these contracts. Users acknowledge that smart contracts operate autonomously, and once initiated, the rules embedded in them are immutable and cannot be altered by XpadPro or third parties.
7.4 Conclusion on Staking and Vesting
Users are encouraged to carefully assess the staking and vesting terms before making any commitments. XpadPro provides no guarantees regarding token value appreciation or liquidity, and all risks related to locked or vested tokens are borne solely by the user.
8.1 Decentralized Arbitration
Due to the decentralized and autonomous nature of XpadPro, disputes arising from activities on the platform cannot be resolved through traditional legal or court processes. Instead, XpadPro utilizes decentralized arbitration services, such as Aragon Court or Kleros, which are blockchain-based systems designed to offer transparent and impartial dispute resolution.
Arbitration for On-Chain Disputes: All disputes between users, or between users and projects, must be resolved through decentralized arbitration services. These systems are designed to function independently of any central authority, ensuring impartiality in decision-making.
Smart Contract Enforcement: Arbitration decisions are final and automatically enforced via smart contracts. Once an arbitration ruling is made, the corresponding smart contract will execute the decision without the possibility of manual intervention, ensuring that the ruling is binding and irreversible.
8.2 Arbitration Process
Users and projects involved in disputes must follow the process outlined below to initiate and participate in arbitration:
Initiating Arbitration: Disputes are initiated by submitting a formal arbitration request through the XpadPro support system. Upon submission, the case is forwarded to the decentralized arbitration service, which will manage the entire process.
Selection of Arbitrators: In most decentralized arbitration systems, cases are handled by randomly selected arbitrators (sometimes called jurors) who review the dispute, analyze the evidence, and provide a ruling. Users should familiarize themselves with the specific rules of the arbitration service being used.
Final and Binding Decisions: The rulings made by the arbitration service are final and binding. These rulings are executed automatically by the platform's smart contracts, which ensures that all parties comply with the decision. Once a decision is enforced, XpadPro cannot reverse, modify, or influence the outcome.
Costs and Fees: Participation in decentralized arbitration may involve fees, such as filing fees, arbitration service fees, or other associated costs. Users and projects are responsible for these fees, which may vary depending on the arbitration service used.
8.3 Compliance with Arbitration Rulings
All parties involved in a dispute—whether users or project teams—are required to comply with the rulings of the arbitration service. Failure to comply with an arbitration ruling may result in penalties, including loss of staked tokens or other assets, restrictions on platform access, or other consequences defined by the arbitration process.
Non-Intervention by XpadPro: XpadPro operates as a neutral facilitator and does not have the authority to intervene in disputes, modify arbitration outcomes, or influence the arbitration process in any way. All arbitration rulings are implemented exclusively through smart contracts.
Transparency and Accountability: Arbitration processes are designed to be fully transparent. Users and projects can access records of disputes, including evidence presented, arbitrator decisions, and the reasoning behind rulings. This transparency fosters trust in the arbitration system while ensuring accountability for all parties.
8.4 Limitations of Arbitration
While decentralized arbitration is designed to be an efficient and impartial solution, users should be aware of the following limitations:
Scope of Disputes: Decentralized arbitration is intended to resolve disputes related to platform activities, such as disagreements over token sales, staking conditions, or smart contract execution. It may not be suitable for disputes involving external legal matters beyond the scope of the platform.
Jurisdictional Issues: Since arbitration services operate on a decentralized, global basis, they do not fall under the jurisdiction of any particular legal system. Users are responsible for understanding the implications of this and may wish to seek independent legal advice before engaging in arbitration.
8.5 Conclusion on Arbitration and Dispute Resolution
XpadPro’s decentralized arbitration framework is designed to offer an impartial and transparent process for resolving disputes. Users are encouraged to thoroughly understand the arbitration process, the binding nature of decisions, and the responsibilities involved before participating in activities on the platform.
9.1 No Personal Data Collection
XpadPro operates as a fully decentralized platform and does not collect, store, or process any personal data from its users. All interactions on the platform are conducted through anonymous blockchain wallet addresses, ensuring that users’ personal identities remain private and secure.
GDPR and CCPA Compliance: XpadPro is fully compliant with global privacy regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Since no personal data is processed or stored by the platform, users can engage with XpadPro without concerns about their personal data being collected or exposed.
No Centralized Data Storage: XpadPro does not maintain any centralized databases of user information. This decentralized approach to data protection minimizes the risk of data breaches and unauthorized access.
9.2 Blockchain Transaction Transparency
All transactions conducted on XpadPro are recorded publicly on the blockchain. This transparency ensures accountability and trust within the system while still preserving user privacy through the use of anonymous wallet addresses.
Publicly Visible Data: Blockchain records are immutable and accessible by anyone. Transaction details, including token transfers, staking activities, and other platform interactions, are visible on the blockchain. However, no personally identifiable information (PII) is linked to these transactions—only wallet addresses.
Anonymity Through Wallet Addresses: While blockchain transactions are transparent, users' identities remain anonymous. Interactions on XpadPro are conducted exclusively through wallet addresses, and no information is collected that could link these wallet addresses to personal identities.
9.3 Third-Party Services and Privacy
While XpadPro itself does not collect personal data, some projects or token sales hosted on the platform may require users to undergo Know Your Customer (KYC) or Anti-Money Laundering (AML) verification.
Third-Party KYC/AML Services: In cases where KYC or AML checks are required, these processes will be conducted by independent third-party providers. XpadPro does not control or process the personal data submitted to these providers, and users are encouraged to review the privacy policies of these third-party services.
Data Sharing with Third Parties: XpadPro does not share user information with any third parties, as it does not collect or maintain such information. Users engaging in projects that require personal data submission are responsible for ensuring that they understand and consent to the privacy policies of the third-party KYC/AML providers.
9.4 User Security Responsibilities
While XpadPro implements decentralized security measures to protect user interactions, it is the responsibility of users to take appropriate precautions to safeguard their blockchain wallets and associated private keys.
Private Key Protection: Users must take steps to secure their private keys and wallet credentials. XpadPro does not have access to private keys and cannot assist in the recovery of lost or compromised wallets.
Best Practices for Security: Users are encouraged to follow best practices for securing their digital assets, such as using hardware wallets, enabling multi-factor authentication (MFA), and maintaining backup copies of private keys in secure locations.
9.5 Compliance with Local and International Privacy Laws
Although XpadPro does not collect personal data, users are responsible for ensuring their compliance with any applicable local or international privacy laws and regulations.
Jurisdictional Considerations: Depending on the jurisdiction, users may be subject to specific privacy and data protection regulations that require adherence. Users must ensure that their use of XpadPro complies with any legal obligations related to data protection and privacy.
User Consent for KYC/AML Checks: In cases where KYC/AML checks are mandated by a project, users must provide explicit consent to the third-party provider responsible for conducting these checks. XpadPro is not involved in the handling or processing of any personal data submitted during this verification process.
9.6 Limitations of Anonymity
While XpadPro ensures anonymity through wallet addresses, users should be aware of the potential risks and limitations of blockchain-based privacy:
Potential for Linking Wallets to Identities: In certain circumstances, such as when interacting with centralized exchanges or providing information during KYC checks, users’ wallet addresses could potentially be linked to their real-world identities. Users should take steps to protect their privacy and anonymity where necessary.
Blockchain Permanency: Since all transactions are recorded permanently on the blockchain, any linked information (e.g., wallet addresses used in off-platform activities) may remain traceable. Users must be cautious when linking their wallet addresses to identifiable activities outside of the XpadPro ecosystem.
9.7 Conclusion on Privacy and Data Protection
XpadPro prioritizes user privacy through its decentralized, non-custodial approach to platform operations. By eliminating the need for personal data collection, the platform minimizes privacy risks and ensures that users retain control over their identities and financial assets. However, users should remain vigilant in securing their own wallets and complying with privacy regulations when engaging in KYC/AML procedures through third-party providers.
All disclaimers are made in accordance with applicable laws. XpadPro does not provide investment, financial, or legal advice, and users are encouraged to seek advice from qualified professionals before making investment decisions.
To the fullest extent permitted by applicable law, XpadPro, its operators, affiliates, employees, agents, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, the following:
10.1 Smart Contract Failures or Errors
XpadPro relies on decentralized smart contracts to execute all transactions and processes on the platform. XpadPro makes no guarantees regarding the performance or security of smart contracts, and is not liable for:
Failures, bugs, vulnerabilities, or exploits in smart contracts that result in the loss of funds, tokens, or any other asset.
Errors in the coding or execution of smart contracts, including unintended behavior or incorrect functioning of the platform's protocols.
External cyberattacks, hacking attempts, or any other malicious actions that compromise smart contracts or platform functionality.
10.2 Loss of Access to Wallets or Private Keys
Users are solely responsible for safeguarding their blockchain wallets and private keys. XpadPro does not store or manage user credentials and, therefore, cannot assist in the recovery of lost wallets or access credentials. XpadPro shall not be held liable for:
Loss of access to wallets or funds resulting from the loss or theft of private keys.
Unauthorized access to user wallets due to hacking, phishing attacks, or other forms of cybercrime.
Mismanagement of wallets, incorrect transaction addresses, or other user errors during interactions with the platform.
10.3 Market Volatility and Token Devaluation
The cryptocurrency market is highly volatile and speculative. XpadPro provides no assurances or guarantees regarding the value or future performance of any tokens offered on the platform. XpadPro shall not be liable for:
Fluctuations in the value of tokens purchased or staked on the platform, including token devaluation or total loss of value.
Losses incurred due to market volatility, liquidity issues, or the inability to sell tokens on secondary markets.
Any economic, financial, or market-based risks that result from engaging in token sales or staking activities on the platform.
XpadPro does not guarantee the preservation or appreciation of token value after listing. Users should understand that investments in tokens can result in losses, and they assume all risks related to market fluctuations.
10.4 Project Failures or Breach of Promises
XpadPro functions solely as a neutral infrastructure provider for token sales and staking. XpadPro does not endorse, audit, or guarantee the success or performance of any project. As a result, XpadPro is not liable for:
Failures of projects to deliver on their promises or meet the expectations set during the token sale.
Misrepresentation, fraud, or non-performance by project creators or teams.
The loss of value or utility of tokens due to the failure or dissolution of a project, including situations where a project fails to deliver a functioning product or service.
XpadPro is not responsible for the failure of projects listed on the platform to fulfill their obligations and does not guarantee the successful completion of their activities.
10.5 Platform Availability and Performance
XpadPro provides its services on an "as-is" and "as-available" basis without any warranties, express or implied, regarding the platform’s functionality, security, or availability. XpadPro does not guarantee:
Continuous, uninterrupted access to the platform. Users may experience delays, outages, or downtime due to maintenance, technical failures, or blockchain network congestion.
The security of the platform, including protection against unauthorized access, hacking, malware, or other forms of cyberattacks.
The performance or reliability of third-party services, such as blockchain networks or KYC/AML providers, which may impact the platform's overall functionality.
10.6 Third-Party Services
XpadPro may integrate or rely on third-party services (e.g., blockchain networks, decentralized arbitration, KYC/AML providers) for various functionalities. XpadPro is not responsible for:
The performance, accuracy, security, or availability of any third-party services integrated with the platform.
Any loss or damage caused by third-party service providers, including delays, breaches of contract, or non-compliance with local laws.
Errors or failures that occur due to third-party systems, including blockchain networks or identity verification providers.
10.7 Regulatory Changes and Compliance
XpadPro operates in a rapidly evolving regulatory environment. The platform makes no guarantees regarding future regulatory changes that could affect the legality, taxation, or use of cryptocurrencies and decentralized services. XpadPro is not liable for:
Changes in laws or regulations that may impact the use of the platform or the value of tokens.
Any actions taken by regulatory authorities that restrict access to XpadPro or its services.
User non-compliance with local, national, or international laws, including tax obligations, anti-money laundering (AML), and know your customer (KYC) requirements.
Users are responsible for complying with all applicable local and international laws and regulations related to cryptocurrencies and tokens.
10.8 No Implied Warranties
XpadPro disclaims any and all warranties, express or implied, including but not limited to:
Warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.
Warranties regarding the accuracy, reliability, or availability of the platform and its services.
Warranties that the platform will operate without error, be secure, or meet the user’s expectations.
To the fullest extent permitted by law, XpadPro’s total cumulative liability to any user or third party for any claims arising out of or relating to the platform shall not exceed the total amount of fees paid by the user to XpadPro for the services provided during the twelve (12) months prior to the event giving rise to the claim.
In no event shall XpadPro, its operators, affiliates, employees, agents, or service providers be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of profits, loss of data, loss of goodwill, or business interruption) arising out of or related to:
The use or inability to use the platform.
Unauthorized access to or alteration of your data.
Errors, omissions, or inaccuracies in the platform’s operations.
Any damages arising from hacking, system failures, or service interruptions.
XpadPro is not liable for any damages resulting from users' violations of legal norms or requirements.
Users assume all legal risks associated with using the XpadPro platform, including but not limited to risks related to regulatory changes and potential legal consequences of their actions.
11.1 Ownership of Intellectual Property
All intellectual property rights related to the XpadPro platform, including but not limited to the software, designs, trademarks, logos, website content, source code, smart contracts, databases, and any other materials or technologies used in connection with the platform, are the exclusive property of XpadPro or its licensors. These rights are protected by international copyright, trademark, patent, and other intellectual property laws.
11.2 License to Use the Platform
By using the XpadPro platform, XpadPro grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the platform for its intended purposes. This license does not grant you any ownership rights over the intellectual property of XpadPro, and it is subject to the following restrictions:
Personal Use Only: The platform and its materials may only be used for personal and non-commercial purposes, unless otherwise expressly authorized by XpadPro.
No Modifications: You may not modify, alter, adapt, reverse-engineer, decompile, disassemble, or create derivative works from any part of the platform or its content.
No Distribution: You are not permitted to distribute, sell, license, lease, or otherwise exploit the platform or its intellectual property for commercial purposes without explicit written permission from XpadPro.
11.3 Trademarks and Logos
The XpadPro name, logos, and any other branding or trademarks used on the platform are the exclusive property of XpadPro or its licensors. You may not use, reproduce, or display any XpadPro trademarks or logos without prior written consent. This includes using the XpadPro trademark in any marketing, advertising, or promotional materials, or as part of a domain name, business name, or social media handle.
11.4 User-Generated Content
If you submit any content, feedback, or suggestions to XpadPro (collectively referred to as "User-Generated Content"), you hereby grant XpadPro a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, distribute, display, and create derivative works from such content in any media, for any purpose related to the platform’s operation and promotion.
Ownership of User-Generated Content: You retain ownership of any intellectual property rights in the content you create and submit to the platform, but you grant XpadPro the rights to use and display that content as needed for platform operation.
Representations and Warranties: By submitting content to XpadPro, you represent and warrant that you have the legal right to grant these rights and that your content does not infringe on any third-party intellectual property or violate any laws.
11.5 Consequences of Intellectual Property Violations
Any unauthorized use of XpadPro’s intellectual property will result in immediate termination of your access to the platform, and may lead to legal action. The following actions are expressly prohibited and will be considered violations of XpadPro’s intellectual property rights:
Using or reproducing XpadPro’s trademarks, logos, or copyrighted materials without permission.
Attempting to create a derivative platform or product using XpadPro’s code, design, or smart contracts.
Redistributing or selling any part of the platform’s content, software, or intellectual property for commercial purposes.
Any form of plagiarism, copyright infringement, or unauthorized use of XpadPro materials.
11.6 Third-Party Intellectual Property
XpadPro may feature or integrate content, software, or services from third parties, and such content is subject to the intellectual property rights of those respective third-party providers. You must comply with any terms and conditions associated with third-party intellectual property when using XpadPro.
No Ownership Over Third-Party Content: Your use of third-party content or services within XpadPro does not grant you any ownership rights over the intellectual property of those third parties.
11.7 Reporting Infringement
If you believe that any content on the XpadPro platform infringes on your intellectual property rights, please contact XpadPro’s support team immediately with the following information:
A description of the allegedly infringing content.
Proof of ownership of the intellectual property.
Contact information for the intellectual property owner (including email and address).
A statement, made under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights being infringed.
XpadPro will investigate all claims of infringement and take appropriate action, which may include removing the infringing content or disabling access to the platform for the violating user.
Users must ensure that their actions on the platform do not infringe on the intellectual property rights of third parties. XpadPro is not liable for violations committed by users.
12.1 Definition of Force Majeure Events
XpadPro is not responsible or liable for any delays, failures, disruptions, or interruptions in the performance of its services caused by events or circumstances beyond its reasonable control (collectively referred to as "Force Majeure Events"). These events may include, but are not limited to:
Natural Disasters: Earthquakes, floods, hurricanes, fires, tornadoes, and other acts of nature.
Pandemics or Epidemics: Outbreaks of contagious diseases, public health emergencies, and other related disruptions.
Wars and Conflicts: Armed conflicts, invasions, civil unrest, terrorism, sabotage, or military actions.
Labor Disputes: Strikes, lockouts, or other industrial actions.
Governmental or Regulatory Actions: Changes in laws, regulations, government orders, or other actions that impact the platform’s operations, including but not limited to restrictions on cryptocurrencies, sanctions, or trade embargoes.
Blockchain and Technological Failures: Network outages, blockchain congestion, mining difficulties, failure or bugs in smart contracts, and disruptions in blockchain consensus mechanisms.
Cybersecurity Incidents: Hacking attempts, denial-of-service attacks, malware, ransomware, or other forms of cyberattacks or security breaches that compromise platform functionality.
Utility and Infrastructure Failures: Interruptions to internet service providers, telecommunications failures, electrical outages, or other utility and infrastructure issues.
Acts of Third Parties: Delays or failures caused by third-party service providers, including hosting services, blockchain nodes, or other critical infrastructure providers.
12.2 Consequences of Force Majeure Events
During the occurrence of a Force Majeure Event, XpadPro’s obligations under these Terms, including but not limited to providing continuous access to the platform, facilitating token sales, or supporting staking mechanisms, may be suspended or delayed. XpadPro is not liable for any losses, damages, or failures to perform that arise as a result of such events, and users acknowledge that certain services may be temporarily unavailable.
12.3 Notice of Force Majeure
XpadPro will make reasonable efforts to notify users of any Force Majeure Event that impacts its services and provide updates regarding the estimated resolution of the event. However, failure to provide timely notice does not absolve XpadPro of its rights under this clause.
12.4 Resumption of Services
Upon resolution or cessation of a Force Majeure Event, XpadPro will endeavor to resume its services as promptly as possible. However, XpadPro does not guarantee that all services will return to normal immediately, and certain disruptions or losses that occurred during the Force Majeure Event may be irreversible.
12.5 No Liability for Losses
To the fullest extent permitted by law, XpadPro will not be held liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to loss of profits, revenue, tokens, or data, arising from or related to any Force Majeure Event. Users acknowledge and agree that participation in token sales, staking, or other platform activities carries inherent risks, including the possibility of service disruptions caused by external factors beyond XpadPro’s control.
13.1 Right to Terminate or Suspend Access
XpadPro reserves the right, in its sole discretion, to suspend or terminate your access to the platform at any time for any reason, including but not limited to the following:
Violation of these Terms of Service, Privacy Policy, or any other applicable guidelines.
Engaging in illegal, fraudulent, or malicious activities on or related to the platform.
Failure to comply with local, national, or international laws, including but not limited to cryptocurrency regulations, tax obligations, or Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements.
Participation in activities that may harm the security, integrity, or functionality of the platform, including attempts to exploit or hack the platform’s smart contracts.
Involvement in prohibited or restricted jurisdictions, as outlined in Section 1.4.
Inactivity for a prolonged period that raises security concerns or compliance risks.
13.2 Effect of Termination or Suspension
In the event of termination or suspension:
Access: You will immediately lose access to your account, and your ability to interact with the platform, including participation in token sales, staking, or other services, will be restricted or disabled.
Assets in Smart Contracts: Any tokens, assets, or funds locked in smart contracts will remain subject to the conditions set forth by the smart contracts. XpadPro cannot intervene to modify, reverse, or release those tokens or assets.
Obligations: Any obligations incurred prior to the termination or suspension, such as outstanding commitments to token sales or other agreements, will remain in effect, and users will be responsible for fulfilling these obligations in accordance with the terms of the applicable smart contracts.
No Refunds: Users whose access has been terminated or suspended are not entitled to refunds or compensation for any unused or remaining services, tokens, or staking activities on the platform.
13.3 Appeal Process
If your access to the platform has been suspended or terminated, you may request a review of the decision by contacting XpadPro support through the official communication channels. XpadPro will review your case but is under no obligation to reverse the suspension or termination. The final decision rests solely with XpadPro, and users agree to accept the outcome of this process.
13.4 Termination by User
You may terminate your use of the platform at any time by discontinuing access and ceasing all interaction with the platform. However, any tokens or assets you have locked in smart contracts will remain subject to the terms encoded in those contracts, and XpadPro will not facilitate the release or alteration of those terms.
13.5 Survival of Provisions
Upon termination or suspension of your access to the platform, certain provisions of these Terms will survive, including but not limited to:
Intellectual Property Rights (Section 11),
Limitation of Liability (Section 10),
Dispute Resolution and Arbitration (Section 8),
Force Majeure (Section 12),
Privacy and Data Protection (Section 9).
These provisions will continue to apply in full force and effect even after the termination or suspension of your access to XpadPro.
14.1 Jurisdiction
These Terms of Service, along with any other agreements, guidelines, or policies referenced herein, are governed by and construed in accordance with the laws of [Jurisdiction], without regard to any conflicts of law principles that may otherwise apply. The laws of [Jurisdiction] will prevail in governing all legal matters related to the platform, including, but not limited to, contractual obligations, dispute resolution, and enforcement of rights.
14.2 Extraterritorial Application
Although XpadPro is a decentralized platform, users agree that the platform’s terms and conditions are subject to the legal framework of [Jurisdiction]. Users from other jurisdictions must ensure that their use of the platform complies with their own local laws. XpadPro makes no representations or warranties that the platform is appropriate or available for use in any particular jurisdiction. Users are responsible for understanding and complying with the laws applicable to their jurisdiction.
14.3 No Waiver of Local Law Compliance
By agreeing to these Terms, you acknowledge that you are responsible for complying with local laws, including laws regarding cryptocurrency, blockchain technology, tax obligations, and financial regulations. XpadPro’s provision of services under these Terms does not waive any legal requirements in your country, and XpadPro disclaims any responsibility for non-compliance with local laws.
14.4 Resolution of Disputes
Any disputes, claims, or controversies arising from these Terms or your use of XpadPro will be resolved exclusively through decentralized arbitration mechanisms as outlined in Section 8 (Decentralized Arbitration and Dispute Resolution). By agreeing to these Terms, you waive any right to pursue claims in a traditional court of law, unless otherwise mandated by applicable law.
14.5 Decentralized Dispute Resolution
All disputes will be resolved using the decentralized arbitration mechanisms provided by services like Aragon Court or Kleros. The arbitration process will follow the rules and procedures outlined by the arbitration service, and the decisions rendered are final and binding. XpadPro will enforce the decisions of the arbitration through smart contracts, and there will be no manual intervention in dispute outcomes.
14.6 Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable under the laws of [Jurisdiction], such provision will be modified to the extent necessary to ensure its enforceability or will be severed entirely if modification is not possible. The remaining provisions of these Terms will continue to be in full force and effect.
14.7 Non-Waiver
No failure or delay by XpadPro in exercising any of its rights or remedies under these Terms will operate as a waiver of those rights or remedies. Any single or partial exercise of any right or remedy by XpadPro will not preclude further exercise of that or any other right or remedy.
For any questions, concerns, or inquiries regarding these Terms or the platform, please contact XpadPro via the support system on our website.
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