X Layer Terms of Service
THESE TERMS (AS DEFINED BELOW) REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ CLAUSE 12 CAREFULLY.
Last updated: 10 September 2025
Thank you for visiting the website ("Site") for X Layer blockchain ("X Layer"). The Site is a UI which collects development packages, tools and guides ("Developer Tools") for developers interested in building on X Layer and links to X Layer DApps. These terms of service constitute a legally binding agreement between XLAYER TECHNOLOGY COMPANY LIMITED (“we,” “us,” “our, or "X Layer Foundation") and you (hereinafter referred to as “User,” “user,” “You,” or “you”) for your access to the Site, X Layer and the X Layer Ecosystem (collectively the "Services"). By using any of the Services in any way, you confirm that you have read, understood, and accepted these terms of services and any other supplemental terms, rules or policies referenced in these terms of services and/or during the provision of the Services (collectively, the “Terms”). If you do not agree to be bound by these Terms, please do not access or use the Services. X Layer is a permissionless chain and is not owned or controlled by X Layer Foundation or its affiliates. By using the Services, you understand and agree that any third party may build, deploy, their own Dapps and Digital Assets on X Layer, conduct transactions and other activities on X Layer, create their own interface to connect to the X Layer or the X Layer Ecosystem; X Layer Foundation or its affiliates do not and cannot control activity and data on X Layer and the X Layer Ecosystem, cannot take custody, control or possession of any Digital Assets, and makes no representations or endorsement of any products or services available on and through X Layer or Third Party Platforms. The Site is provided for informational purposes only. Information on the Site may be aggregated from Third Party Materials and are presented without any representation, warranty, or guarantee of any kind, and shall not be deemed, considered or interpreted as investment, business, financial, accounting, tax, legal, trading or any other type of advice.
1. KEY DEFINITIONS
Key Definitions. Below are some key definitions that are applicable throughout these Terms as well as other related terms, user agreements, and rules:
a. “Applicable Laws” include any applicable common and civil law, principles of equity, and laws made by any government, relevant authority, or judicial body, including but not limited to any regulations, rules, court judgments, decrees, directives, policies, circulars, codes, guidelines or any other instruments (whether they have the force of law or not), and any amendments, replacements, modifications, consolidations, or re-enactments of any of the forementioned.
b. “Content” includes any text, images, music, software, data, audio, video, works of authorship, information, and any other materials that are generated, provided or otherwise made available through the Services. Content includes all User Content (as defined below) without any limitations.
c. “DApps” means decentralized applications, which are applications that operate on a blockchain or peer-to-peer network of computers and may operate autonomously.
d. “Digital Asset” means any digital asset (also called “convertible virtual currency,” “virtual asset”, “cryptocurrency,” or “digital goods”), which is based on the cryptographic protocol of a computer network that may be (a) centralized or decentralized, (b) closed or open-source, and (c) used as a medium of exchange and/or store of value. Furthermore, a Digital Asset is expressed as a unit capable of being transferred, stored and traded on a peer-to-peer basis with or without conditions or limitations. For the avoidance of doubt, any Digital Asset that: (a) is transferred on any additional layer on top of a blockchain relating to another Digital Asset or any side chain; or (b) is a derivative of another Digital Asset, has enhanced features or functionality that supplements or interacts with another Digital Asset is to be treated as a distinct Digital Asset from such other Digital Asset. Digital Assets also include NFTs and other digital collectibles.
e. “Digital Wallet” means a non-custodial wallet where the User maintains full control over their Private Key and thus, their Digital Assets.
f. “Digital Wallet Software” means software, usually a user interface, that the User uses to view and instruct the Digital Assets in their Digital Wallet. Digital Wallet Software generally has no access to Private Keys and only helps to transmit the user's instructions to the blockchain. Examples of Digital Wallet Software include OKX Wallet, Metamask, Coinbase Wallet.
g. “Disputes” include but are not limited to any dispute, controversy, difference or claim arising out of or relating to these Terms and the Services, including the existence, validity, interpretation, performance, breach or termination thereof (including whether such controversy or claim is arbitrable) or any dispute regarding non-contractual obligations arising out of or relating to these Terms and the Services.
h. “Force Majeure” includes any event that is beyond X Layer Foundation’s control and prevents us or delays us from fully performing our obligations under these Terms, including but not limited to: (a) natural disasters and/or acts of God, such as earthquakes, fires, cyclones, explosions, typhoons, floods, monsoons, landslides, lightning, storms, tempests, pandemics, droughts or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power; and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint or damage to property by or under the order of any government or governmental authority; (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations or of equipment relevant to the provision or use of the platform and/or Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the digital assets and/or blockchain industries.
i. “Losses” include but are not limited to any and all incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, as well as any loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, and any and all other commercial and non-commercial losses, including without limitation, all interest, assessments, and other charges paid or payable in connection with or with respect to any of the foregoing of any kind.
j. "NFTs" or "Non-fungible Tokens" means unique, non-interchangeable Digital Assets, which cannot be directly replaced by another token of the same type. It includes, without limitation, ordinals, digital collectibles, tickets and club memberships.
k. “Personal Data” means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, economic, cultural or social identity of you. It may also include network information regarding transactions, such as but not limited to, the type of device that you use, access times, hardware models, operating systems and versions, and other unique device identifiers; information about potential plug-ins you may use, such as but not limited to those related to the management of cryptocurrency assets and any information provided by them; your email and wallet addresses; and any other interactions with our Services and other related information that passes through our Services and/or other related blockchain technologies.
l. “Private Key” means the cryptographic string of characters (numbers and letters) that grants access and control over the Digital Assets held within the User's Digital Wallet and is required by the User to sign transactions using his Digital Wallet.
m. “Restricted Location" mean any location through you are prohibited from accessing X Layer from, including but may not be limited to Bolivia, Cuba, Iran, North Korea, and Syria, the Crimea, Donetsk and Luhansk regions of Ukraine, or any other country or region subject to Singapore, European Union, United Kingdom or United States embargo or sanctions, or designated to be high risk or non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on Money Laundering.
n. "Restricted Person" means any person or entity (a) who is citizen, resident, located or organized in, or receiving funds from or through a Restricted Location, or (b) who is the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury)
o. “Taxes” include any and all taxes, levies, stamps, charges, imposts, and duties imposed by any governmental authority as well as any related interest, penalties, fines and expenses in connection with them.
p. “Third Party Blockchain” means blockchains operated by third parties
q. "Third Party Materials" means any materials from third parties, including but not limited to, Content, data, information, materials, terms of services and application descriptions from third parties.
r. “Third Party Platforms” mean other platforms owned, controlled, or operated by third parties and includes but is not limited to third party websites and third party applications. These Third Party Platforms generally contain Third Party Materials. X Layer Foundation and its affiliates do not have any control of these platforms and also does not endorse any product, service information, or disclaimer they provide, nor does X Layer Foundation guarantee the accuracy of Third Party Materials.
s. “User Content” means any Content that Users make available through the Services.
t. "UI" or "User Interface" means the graphical, visual, and interactive elements of the software through which an User interacts with the software. This includes, but is not limited to, screens, pages, controls (such as buttons, icons, checkboxes, and text fields), layouts, typography, color schemes, and all other visual and interactive components presented to the end-user for the purpose of inputting information, receiving output, and navigating the functionalities of the software.
u. "X Layer DApps" are DApps that are built and deployed on X Layer by third parties and may be accessible by users through Third Party Platforms or by direct interaction with the DApps' smart contracts
v. "X Layer Ecosystem" means the ecosystem on X Layer consisting of the Site, Developer Tools, Digital Assets native and bridged to X Layer, X Layer DApps (and their smart contracts), and Third Party Platforms through which these DApps can be accessed.
2. RULES OF INTERPRETATION
Rules of Interpretation. Unless the contrary intention is explicitly indicated, the Terms shall be construed and interpreted as follows:
Titles, headings and sub-headings are for convenience only and shall be ignored in construing this agreement.
Any reference to a Digital Asset includes any part or fraction thereof.
Any reference to anything, including an amount, is a reference to the whole and each part of it.
Any labels or words that are used for definitions are for convenience only and do not affect the interpretation of the definition.
Any document, including these Terms, includes any amendment, variation, or replacement of that document.
Any reference to a document includes any ancillary documents or any agreements or other legally enforceable understanding created by that or under that document.
Any clause, part, annex, or schedule is a reference to a clause in, part of, or annex or schedule to these Terms.
Any statute, ordinance, code, or other law includes regulations and any other instrument(s) under it, as well as amendments, reenactments, consolidations, or replacements of any of the forementioned.
The singular includes the plural and vice versa.
The word “person” includes an individual, firm, corporate body, partnership, joint venture, unincorporated body or association, or any governmental authority.
A particular person includes a reference to that person’s executors, administrators, successors, substitutes, and assignees.
An agreement, representation, or warranty in favor of two or more persons is for the benefit of them jointly and each as an individual.
An agreement, representation, or warranty by two or more persons is binding upon them jointly and each as an individual.
A group of persons or things is a reference to any two or more of them jointly as well as to each as an individual.
A period of time dating from a particular day or the day of an act or event is to be calculated inclusive of that day.
The words “include”, “including”, “for example” or “such as” when introducing an example does not limit the meaning of the words to which the example relates to that example or examples of a similar kind.
A reference to “law” includes common law, principles of equity, and legislation (such as but not limited to regulations, rules, bylaws, ordinances, orders, and proclamations) and includes any amendments, re-enactments, consolidations, or replacements of any of the forementioned.
A reference to “regulation” includes legislation and instruments of a legislative character under legislation (such as but not limited to regulations, rules, bylaws, ordinances, orders, directives, and proclamations) as well as instruments or orders or endorsed by relevant governmental or regulatory authorities as well as any licensing, registration, or approval requirements under any of the forementioned.
A reference to “in writing” means in legible form and capable of reproduction on paper, and includes electronic communication.
A reference to “material” includes the ability to affect the outcome of a decision or application.
A reference to “property” or “asset” includes any present or future, real or personal, tangible or intangible property, asset, or undertaking as well as any right, interest or benefit under or arising from it.
Anything, including any amount or Services, includes each part and/or feature of it.
Any references to “you” or “your” refers to the person agreeing to these Terms, and where the context permits, includes any authorized individuals of that person.
3. Eligibility
If you are a natural person, by accessing the Services, you represent and warrant that you are at least 18 years old and not prohibited by any Applicable Laws to access the Services.
If you are accessing or using the Services on behalf of a legal entity (e.g., a corporate or institutional customer), you represent and warrant that: such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; you are duly authorized by such legal entity to act on its behalf; such legal entity agrees to be responsible to us if you violate these Terms; and you have not previously been prohibited from accessing the Services.
You also represent and warrant that you (or the legal entity you are representing, as the case may be) are are not a Restricted Person, acting on behalf of any Restricted Person, owned or controlled by any Restricted Person, or transacting with any Restricted Person. You agree to provide written certification of your compliance of this clause as soon as reasonably practicable when requested by us. We may amend our eligibility criteria at any time at our sole and absolute discretion.
4. Prohibited Activities
Any use of the Services in connection with any of the following categories of activities is prohibited (“Prohibited Businesses”):
Activities that violate any applicable law or regulation, including without limitation, any applicable anti-money laundering, financial, anti-terrorism, export control, privacy, intellectual property, or economic sanctions laws/regulations;
Unlicensed money service businesses, including but not limited to payment services providers, the sale of money orders or cashier’s checks or any money transmitter activities;
Illegal gambling activities, including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, games of skill that may be classified as gambling (i.e., poker), or other activities or businesses that facilitate the above, or that we consider similar in nature at our absolute and sole discretion;
Any other activity that, in our sole and absolute discretion, is illegal, dangerous, harmful, abusive, fraudulent, misleading, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Engagement in any conduct that is detrimental to X Layer and its affiliates, to any users of the Services, and to any third party;
Use any X Layer Foundation or its affiliates' brands, logos, or trademarks (or any brands, logos, or trademarks that we deem to be confusingly similar) without our express prior written approval, which we may withhold at our sole discretion for any reason.
5. Description of Services
X Layer is an open-source layer 2 blockchain network which supports the X Layer Ecosystem, which consists of Digital Assets native and bridged to X Layer, X Layer DApps (and their smart contracts), and Third Party Platforms which may offer access to such X Layer DApps and/or have integrated the Services. This do not mean that we endorse any products, services, and information provided by such third parties through the X Layer Ecosystem, and we do not guarantee the accuracy of any Third Party Materials, including any such materials that is collected on the Site. When you click on a link to, or access and use a Third Party Platform or Dapp through the Site or through Third Party Platforms, you are subject to the terms and conditions (including privacy policies) of such Third Party Platform or Dapp. Please note that Third Party Platforms and/or Dapps are not under our control, and may be opensource and ownerless applications for which no recourse is possible. The Services may provide links to these Third Party Platforms and/or Dapps as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to these Third Party Platforms or Dapps, or their products or services or associated Third Party Materials. We are not responsible or liable for any Losses arising from the use of any Third Party Platform or Dapp and you access and use them at your own risk. X Layer and its affiliates have no influence or control of the content and/or services of Third Party Platforms or DApps in the X Layer Ecosystem. X Layer Foundation and the operators of any Third Party Platform or Dapps are independent legal entities, and these Terms do not constitute any form of agency, partnership, or cooperative relationship between the parties.
X Layer, X Layer Foundation and its affiliates do not take possession, custody, or control of any Digital Assets bridged, transacted, or stored via X Layer or the bridging smart contracts unless explicitly stated in a separate written agreement signed by X Layer entities.
The X Layer Ecosystem is committed to being decentralized. For more information, please refer to our decentralization principles statement.
6. Risk Statement
By using or accessing the X Layer Ecosystem, you represent that you understand there are risks inherent in using cryptographic and public blockchain-based systems, including, but not limited, to the X Layer Ecosystem and Digital Assets. You expressly agree that you assume all risks in connection with your access and use of the X Layer Ecosystem, including but not limited to:
Digital Asset prices may fluctuate significantly at any given moment for any reason, moving up or down and even becoming valueless. The likelihood of Losses is just as likely as profits incurred from the trading of Digital Assets. Due to these price fluctuations, you may gain or lose value in your Digital Assets at any given moment.
Access to certain DApps or Third Party Platform may require you to connect your Digital Wallet using Digital Wallet Software. Providing any other person access to your Digital Wallet involves risk. You must take all necessary steps to ensure that any person you provide access to are appropriate and legal. You must also adopt controls and protocols relating to your Digital Wallet as you see fit in order to monitor the activities of such persons in order to ensure that they remain appropriate and legal in their capacity. You are solely responsible for securing your Private Key with respect to any and all digital wallet(s). The loss of your control to your Private Key will permanently and irreversibly deny your access to your Digital Assets. We shall not be able to retrieve or protect your Digital Assets. Once lost, you will not be able to transfer your Digital Assets to any other address or wallet. Thus, you will not be able to realize any value or utility that the Digital Assets may hold.
The X Layer Ecosystem may be subject to cyberattacks and exploits, which could result in the irrevocable loss or reduction in value of your Digital Assets; and
The X Layer Ecosystem is subject to periodic upgrades. Certain upgrades may significantly impact the X Layer Ecosystem, and may introduce other risks, bugs, malfunctions, cyberattack vectors, or other changes to the X Layer Ecosystem that could disrupt the operation of the X Layer Ecosystem or otherwise cause damage or loss.
You acknowledge and consent that not that all legal, technological and other risks, including but not limited to, Force Majeure events can be foreseen, and that such risks may result in service interruption, data loss and other Losses.
7. Limitation of Liability
X LAYER FOUNDATION, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE X LAYER ECOSYSTEM, TO THE EXTENT ALLOWED UNDER APPLICABLE LAWS AND REGULATIONS. YOU AGREE THAT X LAYER FOUNDATION WILL NOT BE LIABLE FOR ANY LOST PROFITS; LOST DATA; DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, INTERRUPTION OF SERVICE OR SYSTEM FAILURE; LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY; OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE X LAYER ECOSYSTEM, OR THESE TERMS, EVEN IF X LAYER FOUNDATION HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES BEFOREHAND, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW BY X LAYER FOUNDATION.
You further expressly waive and release X Layer Foundation, its affiliates, and its that their officers, directors, employees, agents, contractors, and representatives, and each of their successors and assigns, from any and all liability, claims, causes of action, or damages arising from or in any way related to your use of the X Layer Ecosystem.
8. Indemnification
To the fullest extent permitted by the Applicable Laws and regulations, you hereby agree to indemnify, hold harmless, and promptly defend X Layer Foundation its affiliates, and its that their officers, directors, employees, agents, contractors, and representatives, and each of their successors and assigns, (each an “Indemnified Party”) from and against any and all losses arising from or in connection with any third-party claims, losses, liabilities, damages, judgments, penalties, fines, costs and expenses of whatever kind (including professional fees and reasonable attorney’s fees) which may be suffered or incurred by any of the Indemnified Party arising out of or related to:
your access to or use of the X Layer Ecosystem;
your breach of these Terms;
your violation of any applicable law or regulation;
your violation of the rights of any third party; or
any investigation, claim, suit, action or other proceeding against us relating to or arising out of your use of the X Layer Ecosystem by a governmental authority or regulatory or self-regulatory agency or organization in any applicable jurisdiction(s).
If you are obligated to indemnify or defend X Layer Foundation or any of its Related Parties, X Layer Foundation will have the right, at its sole and absolute discretion, to control any action or proceeding and to determine whether it wishes to settle and, if so, on what terms.
9. No Representations & Warranties
THE X LAYER ECOSYSTEM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AT YOUR OWN RISK, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, X LAYER FOUNDATION EXPRESSLY DISCLAIMS AND THE USER WAIVES ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF SERVICES, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT; AND WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE X LAYER ECOSYSTEM WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE, AND THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE ECOSYSTEM. WE DO NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR ACCESS OF THE X LAYER ECOSYSTEM.
10. Relationship of the Parties
Nothing in these Terms is intended to or will create a partnership or joint venture between you and X Layer Foundation, or delegate any authority to you on behalf of X Layer Foundation. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and expressly waive and disclaim any such duty or liability that may exist in law or in equity.
11. Governing Law
These Terms, your use of the Services, any claim, counterclaim or dispute of any kind or nature whatsoever arising out of these Terms (“Dispute”), directly or indirectly, shall be governed by, and construed in accordance with the laws of Singapore without regard to the principles of conflicts of laws thereof.
12. Dispute Resolution
Dispute Resolution Method. You acknowledge and agree that in the event of any Dispute, the Dispute shall first be referred to the Singapore International Mediation Centre for mediation in accordance with the Singapore International Mediation Centre Mediation Rules for the time being in force, without prejudice to any recourse to apply to any tribunal or court of law of competent jurisdiction for any form of interim relief.
Arbitration Rules and Jurisdiction. If the Dispute cannot be resolved through mediation within ninety (90) days after commencement of mediation at the Singapore International Mediation Centre, or within such extended period as may be agreed by the parties, the Dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the “SIAC”) for the time being in force which rules are deemed to be incorporated by reference into this clause.
Arbitration Seat and Language. You agree that the seat of arbitration shall be Singapore. The language of the arbitration shall be English. The number of arbitrators shall be three (3). X Layer Foundation shall appoint one (1) arbitrator and you shall appoint one (1) arbitrator. The third arbitrator shall be appointed by the President of the SIAC. Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. Any arbitration proceedings shall be conducted in the English language.
Limited Discovery. You agree that X Layer Foundation shall not be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant and material to the outcome of the Dispute.
Final and Binding Nature. Any arbitral award shall be final and binding upon the parties hereto and shall be enforceable in any competent court which has jurisdiction.
No Class Action or Litigation. You agree to resolve any and all disputes with X Layer and its affiliates on an individual basis through arbitration instead of as part of any class action or representative litigation.
Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the SIAC, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
13. Notices
Any notices provided to you will be made through electronic mail unless otherwise instructed, including the delivery of any updates to these Terms, or any new or updated agreements, rules, announcements or other notices. Notices may be delivered to you by X Layer announcements (on social media or otherwise), letters, emails, and mobile phone text messages electronically or by posting on the Site.
Notices will be deemed to have been delivered to you on the sent date for all electronic notices. If you fail to receive such notice on the date when the foregoing notice was deemed to be delivered due to reasons not attributable to us (including but not limited to inaccurate or invalid email address, mobile phone number etc; information transmission failure; or other reasons), we shall not assume any liability for any Losses.
Notices shall generally be in English unless otherwise instructed. If there are any discrepancies between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the English version shall prevail.
14. GENERAL PROVISIONS
Acceptance of all Terms and Conditions. By using the Services (or any subcomponent thereof), you agree that you have read, understood and accepted these Terms and all relevant transactions and operational rules in connection with the Services, and you agree to be legally bound by the terms and conditions hereof. We reserve the right to change or modify these Terms at any time at its sole discretion and will provide notice of such changes by posting the revised Terms on the platform and changing the “Last Updated” date herein. Please also carefully read all terms of service, privacy policy(-ies), and relevant transactional and operational rules (as amended from time to time) published on the Third Party Platforms. Access and use of the Services is only allowed after you have read, understood and agreed to all relevant rules.
Severability. If any provisions of these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. If, however, any provision of these Terms shall be invalid, illegal, or unenforceable under any such applicable law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law, or, if for any reason it is not deemed so modified, it shall be invalid, illegal, or unenforceable only to the extent of such invalidity, illegality, or limitation on enforceability without affecting the remaining provisions of these Terms, or the validity, legality, or enforceability of such provision in any other jurisdiction.
Assignment. You may not assign these Terms in whole or in part without our prior written consent. Neither our approval of a third party nor your use of a third party shall relieve you from responsibility under these Terms. You shall be fully responsible for any and all acts and omissions of such third parties, which will be deemed to be your acts and omissions under these Terms. We have the right to transfer, novate or assign any rights or obligations under these Terms by serving written notice on you, which takes effect upon the delivery of such notice.
Complete Understanding. These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon the Parties, unless expressly agreed in writing by us. You represent and warrant that all information disclosed to us in connection with these Terms are true, accurate, and complete.
Modification. We reserve the right to change or modify the terms and conditions contained in the Terms, including but not limited to any policy or guideline of the platform, at any time and at our sole discretion. We may provide notice of these changes by posting the revised Terms and changing the "Last updated" date at the top of the Terms, or by emailing Users at their provided email addresses, or by any other means as determined by us at our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the platform or at the instant that we transmit the information. These changes will apply at that instant to all then current and subsequent use of or access to the Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this platform acts as acceptance of such changes or modifications. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your access to, and use of, the Services.
Feedback. If you have any complaints, feedback, or questions, please contact our Customer Service at Support Center. When you contact us, please provide us with your name and email address and any other information we may need to identify you, and the transaction that you have feedback, questions, or complaints about.
Electronic Communications. Communications between you and X Layer Foundation use electronic means, whether made via the platform or Services or sent via e-mail, or whether X Layer Foundation posts notices on the platform or Services. For contractual purposes, you (1) consent to receive communications from X Layer Foundation in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that X Layer Foundation provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Final Interpretation. X Layer Foundation has the sole and final discretion of interpretation of these Terms.