Effective date: 14/5/2021.
This App is operated by XMANNA Software Technologies Inc. ("XMANNA", "Company", "us", "we") and is governed by this end user license agreement ("EULA").
This EULA form a legal agreement between you and XMANNA. The EULA governs your access and use of our Platform as (defined below). By accessing or using our Platform, you agree that you have read, understood, and agreed to be bound by this EULA. If you do not agree to this EULA, you must not use our Platform.
When using or accessing our Platform, you will also be subject to our Privacy Policy, which describes how we collect and use your personal information, and Cookies Policy, which outlines our uses of cookies and other tracking technologies with relation to our Platform. We encourage you to carefully review those policies before accessing our Platform.
The Company operates a Platform consisting of various products and services, including (i) a gaming platform allowing game developers and gamers to interact (see the Gaming Section below); (ii) the facilitation of the sale, use, and holding of the Tokens (as defined below); (iii) a digital wallet for storing funds when using the Services; (iv) a trading platform through which Users will be able to transfer their Tokens; (v) an affinity debit card; and (vi) Subscription Programs (as defined below).
These products and services are available through (i) apps published by the Company in collaboration with Sport Clubs (defined below) ("App(s)"); and (ii) the website [https://www.XMANNA.com] ("Website").
The products and services mentioned herein, together with the Website and Apps, are referred to as "Platform". This EULA applies to any person accessing, interacting, or using the Platform (collectively: “Users”).
All Users should open an account at the Website (https://www.XMANNA.com) or App before using our Platform ("Account"). When you register an Account, you must provide your name, mobile number and/or email address, and password. You hereby agree to provide complete and accurate information when opening an Account, and agree to timely update any information you provide to maintain the integrity and accuracy of the information.
By accessing, using or interacting with our Platform, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into this EULA; (iii) you have not been previously suspended or removed from using the Platform; (iv) You do not currently have another Account on the Platform; (v) your use of the Platform will not violate any and all laws and regulations applicable to you, including, but not limited to, regulations on anti-money laundering, anti-corruption, counter-terrorist financing, sanctions regulations (for example, the Office of Foreign Assets Control's regulations), and tax laws; and (vi) YOUR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES.
Your registration of an Account with the Company will be deemed your agreement to provide required personal information for identity verification. Such information will be used, shared and retained, as described in our Privacy Policy. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud, money laundering or terrorist financing.
YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, XMANNA RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF XMANNA PLATFORM WE PROVIDE FOR YOU.
IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO XMANNA DURING YOUR USE OF OUR PLATFORM. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE XMANNA TO CONDUCT INVESTIGATIONS THAT XMANNA CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR XMANNA FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.
To access the Platform, you need to register to the Apps. The Apps are published by us, in collaboration with our sport clubs with whom the Company entered into partnership agreements ("Sport Clubs"), and allow you to directly engage with Sport Clubs.
Through the Apps, Sport Clubs will be able to issue Team tokens and organize engaging content for Users, and Users will be able to, among other things, demonstrate their loyalty to the Sport Clubs by staking their Team tokens and play games.
Subject to Your compliance with this EULA, the Company grants you a limited, non-exclusive, and non-transferable license to download and install a copy of the App on a mobile device and to run such copy of the solely for your own personal non-commercial purposes. You may not (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the Apps; or (iv) make the functionality of the App available to multiple users through any means. The Company reserves all rights in and to the App not expressly granted to you under this EULA.
When you download the Apps from the Apple's App Store or Google's Play Store, you might also be subject to Apple's and Google’s terms and policies, respectively.
If you have downloaded the App from the Apple's App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This EULA is between you and XMANNA only, not with Apple, and Apple is not responsible for the Platform and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Platform or your possession and use of the App infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the Platform. Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (I) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
The Company offers several tokens, including "XMAN tokens", "Trophies", "Ribbons", "Tickets", "Bonus Cash", and "xCoin" (together: "Tokens"). A detailed explanation of each of these tokens, including (i) its utilities; (ii) the way by which it is distributed to Users; and (iii) applicable restrictions on transferability and redemption is available on our Whitepaper.
In addition to any transferability restriction described in the Whitepaper, US Users are also subject to a daily maximum limit, according to which they are not allowed to transfer out from their Wallet (defined below) a maximum of three thousand USD ($3,000) worth of Tokens per day or any other limit as may be amended from time to time by us. If a User will attempt to transfer an amount of Tokens exceeding the daily limit, then the excess Tokens will be locked and released in tranches up to the allowed maximum daily limit.
You hereby represent and warrant that you understand that the Tokens are subject to the daily maximum limit described herein.
General and eligibility. You hereby acknowledge, represent, and warrant that (i) you are not a natural person that is a citizen, national, resident or having a similar connecting factor to; or a legal person that is incorporated, registered or effectively managed and controlled from or in a country, jurisdiction or territory where the holding and use of the Tokens or any other crypto assets is prohibited; (ii) the Tokens are not intended to constitute security, financial instrument or any other form of investment in any jurisdiction. Accordingly, this EULA, as well as all other XMANNA's documents linked to the holding and use of the Tokens (such as our whitepaper), do not constitute a prospectus or offering document and are not a solicitation for investment; (iii) as the Tokens are not intended to constitute security, financial instrument or any other form of investment, the offering of the Token does not constitute an offer of securities to the public or a collective investment scheme; (iv) it is solely up to you to obtain any approval, notification, registration or license needed to participate in, acquire, hold or use the Tokens, if needed; (v) the purchase of the Tokens may attract VAT and other tax obligations which shall be tour sole responsibility; (vi) we have the right to terminate either of the Tokens, at any time, without notice or liability to you.
Tokens' usability. You hereby acknowledge, represent, and warrant that: (i) you read the Whitepaper and you understand the purposes and utilities of each of the Tokens described in this EULA; (ii) you do not acquire the Tokens as an investment and has no expectation of economic benefit or profit; (iii) you acquire the tokens solely for their intended purposes, as described in our Whitepaper; (iv) you acquire the Tokens for your own use and not with a view to sell or otherwise distribute the tokens to anyone else in a secondary market.
Rights attached to the Tokens. You hereby acknowledge, represent, and warrant that the holding the Tokens does not entitle you to any (i) profit rights or share in the Company’s income; (ii) voting rights in relation to corporate actions of the Company (for example, relating to the appointment of directors to the Company).
Transferability. You hereby acknowledge, represent, and warrant that some of the Tokens are subject to transferability restrictions, as described in this EULA and in our Whitepaper.
By purchasing, using, or holding the Tokens, you acknowledge and represent that you are aware of the risks associated with purchasing, using or holding crypto assets, including, without limitations, risks related to (i) the uncertainty regarding the legal status of crypto assets, as well as commercial activities involving crypto assets, in many jurisdictions; (ii) unknown or unintentionally weakness and bugs that may exist in the underlying blockchain systems, smart contracts, Website, Apps; (iii) exploitation of the Platform by Users for illegal purposes (for example, money laundering and frauds); (iv) transactions on blockchain systems are, in principle, irreversible, meaning that transactions for incorrect addresses may result in the loss of said funds; (v) any other risk associated with the purchase, use, or hold of crypto assets.
Upon the registration to our Platform, Users will receive a new digital wallet ("Wallet") with a related unique blockchain address hosted on the Polygon Network. The Wallet is neither a bank account nor any kind of payment instrument. It functions as a prepaid balance to be used in the Platform. You may place funds, either crypto assets or fiat currencies, in your Wallet up to a maximum amount determined by XMANNA. Within any twenty-four (24) hour period, the total amount spent out of your Wallet, in the aggregate, may not exceed US$3,000 or its equivalent. The Company may change or impose different Wallet balance and usage limits from time to time.
Users wishing to deposit fiat currencies (for example, US dollars) in the Wallet would need to first deposit those fiat currencies with one of our payment processors, with whom we have a contractual relationship ("Payment Processors"). By using our Platform, you acknowledge that we share certain information with Payment Processors for the purpose of facilitating the provision of our Platform; and agree to the processing, use, and transfer of data by our Payment Processors, subject to this EULA, our Privacy Policy and any and all terms set forth by those Payment Processors.
When you provide payment information to XMANNA or to one of the Payment Processors, you represent that you are the authorized user of the payment instrument, and you authorize XMANNA to charge your payment instrument or to process your payment with the chosen Payment Processor with relation to the Platform. You further agree to notify XMANNA promptly of any change related to your payment instrument.
You (i) acknowledge, represent, and warrant that any loss of your access credentials (for example, the private key required to access your Wallet) may result in the lost of the funds stored in that Wallet and that you have the full responsibility for any such loss; (ii) agree to treat your access credentials as confidential information, and not to disclose such information to any third party; (iii) agree to be solely responsible for taking the necessary security measures to protect those access credentials; (iv) agree that you will notify the Company immediately if you are aware of any unauthorized use of your Wallet; (v) acknowledge that the funds stored in the Wallet have no value outside the Platform and can only be used within the Platform; (vi) are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Wallet.
If you terminate your Account or Wallet, XMANNA reserves the right to collect fees, surcharges or costs incurred before cancellation. XMANNA assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials or Wallet.
General. By setting up an Account and accessing the Platform, you may obtain access to video games, competitions, and challenges, in-game content, and software associated with hardware and virtual items (collectively: "Gaming Content and Services"). If you wish to participate in Gaming Content and Services, you might be required the download and install mobile applications, content, services, or software onto your device (collectively: "Software").
License. XMANNA grants, and you accept, a non-exclusive license and right, to use the Software for your personal, non-commercial use. This license ends upon termination of this EULA. The Software is licensed, not sold. Your license confers no title or ownership in the Software or the Platform. You may not network the Software among devices. You may not, directly or indirectly, authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework; (ii) create derivative works of the Software; (iii) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
Updates. For reasons that include, without limitation, system security, stability, and multiplayer interoperability, the Company may need to automatically update, pre-load, create new versions of or otherwise enhance the Gaming Content and Services and accordingly, the system requirements to use the Gaming Content and Services may change over time. You consent to such automatic updating.
Virtual In-Platform Assets. The Gaming Content and Services may involve digital objects, in addition to any digital or virtual objects or assets we assign to your Account, such as "Trophies", "Ribbons", "Tickets", or other virtual items (collectively: "Virtual In-Platform Assets"). You acknowledge that because all Virtual In-Platform Assets are created through the Platform, we solely and exclusively own all Virtual In-Platform Assets. To the extent we do not automatically own any Virtual In-Platform Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Virtual In-Platform Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Virtual In-Platform Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Virtual In-Platform Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Virtual In-Platform Assets, and (c) to exercise any and all other present or future rights not yet known in Virtual In-Platform Assets. Subject to this EULA, we grant you a limited license to use the Virtual In-Platform Assets through your own Account solely for purposes and in furtherance of your use of the Platform. For the avoidance of doubt, Team tokens and XMANNA tokens are not considered Virtual In-Platform Assets.
Bonus Cash. When participating in Gaming Content and Services, you may be granted bonus funds and/or credits (“Bonus Cash”). Bonus Cash can be used to enter games or competitions that requires an entry fee, in whatever currency ("Cash Competitions"), but cannot be withdrawn or used for any other Service on the Platform. When you enter a Cash Competition, 10% of the entry fees will be paid with Bonus Cash and 90% will be paid with US dollars. If you don’t have enough US dollars, then Bonus Cash can be used to pay a larger part of the entry fees. When you win a Cash Competition, any Bonus Cash that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in US Dollars. If you do not enter a Cash Competition within a continuous 60 day time period, all Bonus Cash in your Account will be forfeited.
Withdrawal of Virtual In-Platform Assets and Bonus Cash. You acknowledge that Virtual In-Platform Assets and Bonus Cash cannot be withdrawn.
Restrictions. You may only use the Gaming Content and Services for personal, non-commercial use. Except as otherwise permitted under this EULA, or under applicable law, you may not (i) in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Gaming Content and Services or any software accessed via the Platform without the prior consent, in writing, of the Company; (ii) sell, grant a security interest in or transfer reproductions of the Gaming Content and Services to other parties in any way, nor to rent, lease or license the Gaming Content and Services to others without the prior written consent of the Company; (iii) host or provide matchmaking services for the Gaming Content and Services or emulate or redirect the communication protocols used by the Company in any network feature of the Gaming Content and Services, through protocol emulation, tunneling, modifying or adding components to the Gaming Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of the Company.
Cheating and frauds. You represent and warrant that you may not participate in the Gaming Content and Services or use the Platform in a way that interrupts or attempts to interrupt the operation of the Gaming Content and Services or the Platform. Anyone who engages in, participates in or displays behavior that may be interpreted, in the discretion of us, as unfair, including but not limited to, the opening and/or use of multiple Accounts, the use of unauthorized or altered software or hardware to assist play (for example, bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (for example, intentionally losing rematches in Cash Competitions (defined below)), deliberate transfer of money between accounts, harassment of other participants, posting objectionable material, will be subject to immediate sanction (as determined by us), which may include, without limitation: (i) immediate termination of your Account; (ii) any winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (iii) any winnings received by you shall be subject to disgorgement or recoupment.
Taxes. If you are a US resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your winnings in the platform total $5000 (or its equivalent) more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
Compliance with the law. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction.
Therefore, you are NOT ALLOWED to participate or offer on the Platform any Cash Competitions in any state in which such Cash Competitions violate its Gaming Laws (“Prohibited Jurisdiction”). If you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Effective date” above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota, and Tennessee. For card games, Prohibited Jurisdictions include Maine and Indiana. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access the Platform and block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATION IN THE GAMING CONTENT AND SERVICES OFFERED ON OUR PLATFORM, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
For any part of the Platform that is identified by us as a “beta” version (“Beta Service”), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the that service. We reserve rights not to release a final release of a Beta Service or to alter any such Beta Services’ features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
The brand names relating to the Platform and any other trademarks, service marks, and trade names used by the Company or on its own behalf from time to time (“Trademarks”) are the trademarks, service marks and trade names of the Company or one of its group companies or its licensors and these entities reserve all rights to such Trademarks.
Unless otherwise provided, the Company, including its affiliates and subsidiaries, owns the rights in all the Trademarks available via the Platform, including but not limited to the information, images, pictures, graphics, photographs, animations, videos, music, audio, and text. This content is protected by copyright.
When using our Platform, you may upload the information which may include texts, photos, videos, images, trademarks, logos, brands or other materials. We do not claim ownership of that information. However, when you do so, unless explicitly stated otherwise, you grant us a worldwide, royalty-free, on-going, and transferable right and license to use, copy, reproduce, process, adapt, modify, translate, publish, transmit, display and distribute such content.
You acknowledge herein that you have all applicable and required authorizations and permits to the content you upload to the Website or App.
If you believe that any material on the Platform infringes upon any copyright which you own or control, you may send a written notification of such infringement to info@XMANNA.com (begin e-mail subject line with “INFRINGEMENT”).
To be effective, and to meet the requirements of the Digital Millennium Copyright Act, the notification must be in writing and contain the following information:
If a content you uploaded to the Platform was removed, pursuant to this Intellectual Property Section, but you believe that this content is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content, you may send us a written counter-notice, to the aforementioned address, containing the following information:
In accordance with the DMCA and other applicable law, we may terminate, in appropriate circumstances and at our sole discretion, the provision of our Platform to Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit or terminate the access to our Platform for Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Platform contains information such as text, photos, videos, games, and other materials uploaded by third parties ("Third Party Content"). Unless otherwise provided, such Third Party Content is not investigated, monitored, or checked for accuracy, appropriateness, completeness or reliability by us. We have no control over Third Party Content posted or uploaded to our Services and hereby disclaim any and all liability in this regard.
You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.
Under no circumstances whatsoever will the Company be liable in any way for any content that Users share, publish, display, or transmit with the Platform, including, without limitation, for any infringement of third party’s right, loss or damage of any kind incurred as a result of the use or display or performance of any third party content transmitted, displayed or otherwise made available through the Platform.
You agree that you are free to choose whether to use the Platform and do so at your sole option, discretion, and risk.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR PLATFORM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
By visiting or using our Platform, you agree that the laws of Florida of the United States without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern this EULA.
We reserve the right to change this EULA at any time, without prior notice by posting the revised version of the EULA on the Website and App. If a revision to the EULA is material, the Company will make a notice of such revision on the Website and App. The revised EULA will take effect immediately upon publication by the Company with effect from the revision date noted at the heading of the EULA. If a User does not agree to the revised EULA, he or she should discontinue the use of our Platform, including the holding and use of the Tokens.
We may terminate your access to, or use of, the Platform, at any time, without prior notice, at our sole discretion. The provisions entitled Indemnity, No warranty, Limitation of liability, Governing jurisdiction, General, and Arbitration shall survive any expiration or termination of this EULA.
You hereby agree that Company shall have the right to immediately suspend your accounts that are related to the Platform, freeze or lock the funds in all such accounts, and suspend your access to the Platform for any reason, including if the Company suspects any such accounts to be in violation of this EULA, our Privacy Policy, or any applicable laws and regulations.
You agree that the Company shall not be liable to you for any permanent or temporary modification of your Account, or suspension or termination of your access to all or any portion of the Platform.
Once an account associated with the Platform is closed, including the cases where Accounts were terminated by us, all remaining account balance will be payable immediately to the Company. Upon payment of all outstanding charges to the Company (if any), Users will have 5 business days to withdraw all funds from the Account.
If you would like to raise any complaint or dispute, we invite you to contact us through the contact details available at the bottom of this EULA. We will attempt to address the dispute without resorting to formal legal proceedings, if possible.
In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against the Company, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to the Company. The Notice of Claim must (i) describe the nature and basis of the claim or dispute, (ii) set forth the specific relief sought, and (iii) include your Account information. The Notice of Claim should be submitted to the following email address: info@XMANNA.com (begin subject line with “CLAIMS”).
After you have provided the Notice of Claim to the Company, the dispute referenced in the Notice of Claim may be submitted by either the Company or you to arbitration in accordance with the Arbitration clause laid down in this EULA. For the avoidance of doubt, the submission of a dispute to the Company for resolution internally and the delivery of a Notice of Claim to the Company are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator.
You and the Company agree that, subject to Section 20.1 above, any dispute, claim, or controversy between you and the Company arising in connection with or relating in any way to this EULA or to your relationship with the Company as a User of the Platform (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this EULA) will be determined by mandatory final and binding individual (not class) arbitration. You and the Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction. Arbitration is more informal than a lawsuit in court.
The arbitration will be administered by the Florida Court System unless the parties agree otherwise, there shall be only one arbitrator appointed in accordance with the ICC Rules. Any arbitration will be conducted in the English language, unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
ANY ARBITRATION AGAINST US MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN THIS SECTION. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. No appeal shall be made against the arbitrator’s decisions, and the parties expressly waive their right to do so. The seat of the arbitration shall be Florida. The location of any in-person arbitration hearing shall be Florida, unless otherwise agreed to by the parties
You and the Company agree that any claims relating to this EULA or to your relationship with the Company as a User of the Platform (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this EULA) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action.
If you have any question, concern, or complaint with relation to this EULA or our Platform, please feel free to address us at info@XMANNA.com.