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Audit Report

TERM OF USE

Updated in 28.02.2021

1. Introduction

In these X-Pool General Terms of Use (“Terms”), “X-Pool”, "we" and "us" refers Xpool and we own and operate the website https://xpool.app ("the Site") which acts as a front-end to the decentralized X-Pool Protocol. These Terms apply to you (“You”) as a user of the Site and Xpool front-end, including all the products, services, tools and information made available on the Site.

Before accessing the Site, please read these Terms carefully. These Terms apply to any person using the Site and you agree to be bound by them by using the Site. You cannot use the Platform if you do not want to be tied by them. You accept that you have read and understood the Terms by using the Web in some capacity.

2. Site

As part of the Site, X-Pool provides access to a decentralized finance application (“Application”) on the Ethereum blockchain, that allows lenders or borrowers of Ethereum assets (“Cryptocurrency assets”) to transact using smart contracts (“Smart Contracts”).

You may be requisite to pay a fee to use the X-Pool Protocol, such as gas charges on the Binance Smart Chain, in order to complete a transaction. You accept and recognize that X-Pool does not have any influence over any transactions, the payment process of any transactions, or any actual transaction payments. Before you complete any transaction on the X-Pool Protocol, you must ensure that you have an appropriate balance

You acknowledge and agree that X-Pool has no jurisdiction over any transactions over X-Pool Protocol, the approach of payment of any transactions or any actual payments of transactions. As a result, you must ensure that your X-Pool Protocol-compatible wallet address has a sufficient balance of the appropriate cryptocurrency tokens (“Cryptocurrency Wallet”) to complete any transaction on the X-Pool Protocol or the Binance Smart Chain network before initiating such transaction.

3. Access to the Site

Access to the Site is provided on a “as is” and “as available” basis only. We make no promise that the Site or any of its material will always be accessible or available without interruption. Access may be disrupted, suspended or limited from time to time, including because of a malfunction, mistake or unexpected circumstances or because we are performing scheduled maintenance. We reserve the right to limit the availability of the site to any person, geographic area or jurisdiction we so desire and/or to terminate your access to and use of the site, at any time and at our sole discretion.

We may suspend or disable your access to the Site if we consider it reasonable to do so, e.g. you breach these Terms.

At any time, we can delete or change the content of the website. However, some of the material can be out of date at any time, and we are not obliged to keep it up to date. We make no promises or guarantees that the Site or any of its content will be free of errors or omissions.

We will not be liable to you for any loss or harm you might suffer as a result of the non-accessibility of the Site at any time for any reasons.

You will comply with all applicable domestic and international laws, statutes, ordinances and regulations applicable to your use of the site.

As a condition to accessing or using the the Site, you will:

a) Use the Services and the Platform only for legitimate purposes and in compliance with these Terms as a condition of accessing or using the Site;

b) Ensure that all information you submit on the Site is current, full and accurate;

c) Maintain security and confidentiality of access to your cryptocurrency wallet address;

As a condition to accessing or using the Site or the Services, you will not:

a) Violate any applicable rule, including but not limited to any specific and applicable anti-money laundering and anti-terrorist financing legislation, as well as any relevant and applicable privacy and data collection laws, as amended.

b) Use the Website for any criminal purpose; export, re-export, or transfer, directly or indirectly, any X-Pool technology in violation of applicable export laws or regulations;

c) Infringe or misappropriate any contract, intellectual property or other right of a third party, or commit an infringement while using the Website;

d) Misrepresent the truthfulness, sourcing, or authenticity of any content on the Web;

e) Use the Site in any way that could interfere with, interrupt, adversely impact, or discourage other users from completely enjoying the Site or the X-Pool Protocol; or that could in some way damage, disable, overload or impair the functioning of the Site or the X-Pool Protocol;

f) Attempt to bypass any content filtering techniques or security measures enforced by X-Pool on the Web, or access any service or area of the Site that you are not allowed to access;

g) Access the Site for data extraction, use any robot, spider, crawler, scraper, or other automated means or interface not provided by us.

h) Insert into the Site any malware, virus, Trojan horse, worm, logic bomb, drop-dead computer, backdoor, shut-down mechanism or other harmful material;

i) Publishing, in our absolute discretion, libellous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hating, threatening, offensive, racist, intolerable, violent, inflammatory, fake, misleading or otherwise objectionable material or communications on the Site;

j) Post material on the Web that includes unsolicited ads, promotional messages, chain messages, or user content that is intended to mislead or trick a Site user;

k) Promote or induce any third party to participate in any of the prohibited activities under these Terms.

You acknowledge that the Site and your use of the Site contain certain risks, including without limitation the following risks:

a) You are solely responsible and liable for any Smart Contracts you associate with, and X-Pool is not a party to the Smart Contracts;

b) Your access to your cryptocurrency assets may be suspended or terminated at any time, or your access or use of your cryptocurrency assets can be postponed, resulting in cryptocurrency assets declining in value or being unable to complete a Smart Contract;

c) If you are a cryptocurrency asset borrower and your collateral decreases so that your collateral is no longer sufficient to protect the assets of your borrowed cryptocurrency, other users can seize your collateral to close your balance of borrowed cryptocurrency assets;

d) And, for any or no reason, the website and/or application may be suspended or terminated, which may restrict your access to your cryptocurrency assets.

Accordingly, you expressly agree that:

a) You specifically waive and release X-Pool from any and all liability, claims, causes of action or damages arising out of or in any way related to your use of the Platform, the Application or the Smart Contracts;

b) You expressly waive and release X-Pool from any and all liability, claims, causes of action, or damages arising out of or in any way related to your use of the Site, the Application or the Smart Contracts.

4. Third-Party Links

The website may contain hyperlinks or links to the websites of third parties. Any such hyperlinks or references are given solely for your convenience and knowledge. We have no power over third-party websites and cannot be held responsible for any content, material, or information found there. The display of any hyperlink and connection to the website of any third party does not indicate that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

5. Privacy Policy and Cookie Policy

Certain areas of our website may record and collect information about you. You can find more information about how we will process your personal information in our Privacy Policy.

When you use the Site, we may collect information about your computer and your interaction with the Site. See our Cookie Policy for more information.

6. Intellectual Property Rights

We are the owner of all intellectual property rights in the Site and the material published on them. These works are protected by copyright laws and all such rights are reserved. https://xpool.app is the uniform resource locator (‘URL’) of X-Pool. You will not make use of this URL (or any other URL owned by us) on another website or digital platform without our prior written consent.

You agree not to monitor, use or copy our web pages without our prior consent. Any unauthorised use or reproduction may be prosecuted.

You will maintain the copyright ownership of the material you upload or send to the Website. You owe us an irrevocable, worldwide, royalty-free license to use, copy, distribute, print, and submit this data in any way.

7. Disclaimers

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

We cannot promise that the use of the Site, or any content taken from the Site, will not infringe the rights of any third party.

The content and materials available on the Website are strictly for information purposes and are not intended to meet your precise requirements. The content and materials on the Site, in particular, do not constitute any sort of advice or recommendation from us and should not be construed as a bid, solicitation, invitation, or recommendation to buy or sell investments, securities, other financial instruments In making any particular investment or other decisions, and is not meant to be relied upon by you. Before making such a decision, we recommend that you obtain professional advice from financial advisory services.

Nothing on the web is meant to be construed as an offer or solicitation to sell or distribute investments or related services in any jurisdiction.

Data that we have gathered can be reported from time to time. Such references may be selective or, in some cases, partial. As markets change constantly, information and data previously reported may not be current and should not be relied upon.

8. General

We may perform any of our obligations, and exercise any of the rights granted to us under these Terms, through a third-party. We may assign any or all our rights and obligations under these Terms to any third-party.

If any clause or part of any clause of these Terms is found to be void, unenforceable or invalid, then it will be severed from these Terms, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms.

No single or partial exercise, or failure or delay in exercising any right, power or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these terms and conditions or otherwise.

If any of the provisions in these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder shall continue in full force and effect.

All disclaimers, indemnities and exclusions in these Terms shall survive termination of the Terms and shall continue to apply during any suspension or any period during which the Site is not available for you to use for any reason whatsoever.

These Terms and the documents referred to in them set out the entire agreement between you and us with respect to your use of the site, X-Pool and the services provided via the site and supersede any and all prior or contemporaneous representations, communications or agreements (written or oral) made between you or us.

With respect to all persons and entities, regardless of whether they have obtained or used the site for personal, commercial or other purposes, all disputes, controversies or claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and X-Pool are each waiving the right to a trial by jury or to participate in a class action, collective action, or other representative proceeding of any kind.

9. Your Account

You must create and log into an account to use some features of the forum.

To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by emailing [email protected]

You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account has been compromised. You agree to notify the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.

The company may restrict, suspend, or close your account on the forum according to its policy for handling copyright-related takedown requests, or if the company reasonably believes that you’ve broken any rule in these terms.

10. Contacting Us

Should you have any question about these Terms, or wish to contact us for any reason whatsoever, please do so by sending us an email at [email protected]

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