Terms and Conditions of Use of ALEX Launchpad

Date Last Revised: 14 March 2022

1. General

These Terms and Conditions of Use (“Terms”) are entered into between you (“User”) and Alex Operation Inc. (“ALEX” or “we”), which is a company incorporated under the laws of the Republic of Panama. User and ALEX are hereinafter separately referred to as “Party” and collectively as “Parties”.

These Terms are to be read together with the provisions set forth in our Privacy Policy found at https://www.alexgo.io/privacy-policy.

By accessing and/or using the ALEX launchpad located at https://app.alexlab.co/launchpad (“Interface” or “Website”) in any capacity, registering for, using and/or accessing the tools and information made available via the Interface, User agrees that: (i) User has read, understood and accepts these Terms; and (ii) User shall be bound by these Terms, which sets forth legally binding terms and conditions between User and ALEX. Do not continue to use the Interface if you do not agree to all of the terms and conditions stated on this page.

We reserve the right to modify or amend these Terms in our sole discretion from time to time. The “Date Last Revised” specified on these Terms indicates the date on which the Terms were last modified. Please check these Terms periodically to ensure that User is aware of and in compliance with the most current version of these Terms. Any revision to the Terms shall take effect immediately upon such revised Terms being made accessible via the Interface. Such revised Terms shall be binding on User, and by User’s continued access and/or use of the Interface, User shall be deemed to agree to and accept the Terms as revised.

Section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”

2. Use of Interface

2.1 The Interface has been developed by ALEX to:

2.1.1 enable User to access information provided by and in relation to the Token Projects (as defined below) as may be provided by the Token Projects (as defined below) and presented on the Website from time to time;

2.1.2 provide a graphical user interface that facilitates User’s access and/or use of protocol(s) deployed and/or made available by a Token Project (collectively “Project Protocol”) for access and/or use by User to participate in such activities (“Project Activities”) relating to such Token Project (as defined below) as User may elect to participate in from time to time, including the deployment of Supported Digital Assets (as defined below) or Supported Fiat (as defined below) by User to participate in such Token Project’s Project Token Sales (as defined below); and

2.1.3 provide a graphical user interface that facilitates User’s access and/or use of protocol(s) deployed and/or made available (“Staking Protocol”) by us for User’s participation in IDO Ticket Validation (as defined below) including Staking (as defined below) of User’s APower Tokens (as defined below) and Supported Digital Assets (as defined below) via the Interface, for the purposes of IDO Ticket Validation and Lottery Drawing (as defined below) by a Token Project in order to determine the extent that User will be permitted to participate in Project Activities including User’s Project Token Allocation (as defined below) for purposes of User’s participation in such Token Project’s Project Token Sale.

For purposes of these Terms, Staking Protocol(s) and Project Protocol(s) shall hereinafter be collectively referred to as “Protocol(s)”.

By accessing and/or using the Project Protocol(s), User acknowledges and accepts that ALEX shall not be liable to User for the use of the Project Protocol(s).

2.2 The Interface is hosted and maintained by ALEX, who may, in our sole discretion, modify or discontinue support for the Interface, Staking Protocol(s) and/or Project Protocol(s) at any time.

2.3 User shall be responsible for obtaining the data network access necessary to use and/or access the Interface, and for acquiring compatible hardware or device necessary to access and use the Interface and any updates thereto.

2.4 Use of the Interface may be disrupted as a result of malfunction and/or delays which are inherent to the use of the Internet and electronic communications, and User agrees that ALEX shall not be responsible for any such disruption, malfunction and/or delay, and any loss which may arise therefrom.

2.5 The Website and its contents are our property or the property of our licensors and are protected by copyright, trademark, patent and other applicable laws. User are permitted to download and print content from the Website solely for User’s own personal use, or in the ordinary course of User’s business, to the extent required to access and use the tools and information made available via the Website. Unless with our prior written consent, the Website and its contents must not be copied, reproduced, modified, sold, redistributed or otherwise used for any other reason.

2.6 User shall not modify, adapt or hack the Website or modify any other website so as to falsely imply that such other website is associated with the Website and/or ALEX and/or its Affiliates (as defined below) in any way. User shall not crawl, scrape, cache or otherwise access any content from the Website via automated means, and User shall not use automated data collection, data mining, robots or any other data gathering methods of any kind on the Website.

2.7 User may, through hyperlinks displayed on the Website, gain access to websites operated by persons other than ALEX. Such hyperlinks are displayed only for User’s convenience, and we assume no responsibility for the content, products and services displayed on linked third party websites or the use of any third-party software or other materials on the Website.

3. Access and/or use of the Interface, Staking Protocol(s) and Project Protocol(s)

3.1 In order to access and/or use the Interface and its associated functions including access and/or use of Staking Protocol(s) and/or Project Protocol(s), User will first be required to connect a Supported Wallet (as defined below) via the Interface to such Staking Protocol(s) and/or Project Protocol(s) that User seeks to access and/or use.

“Supported Wallet” in relation to a Protocol, means such digital wallet of User as may be supported by such Protocol.

3.2 Before User is able to participate in a Token Project’s Project Token Sale (as defined below) or any other of such Token Project’s Project Activities via the Interface, User may be required to fulfil know-your-client (“KYC”) checks for identification and verification purposes.

3.3 The information and supporting documents requested by ALEX (and/or any third party service provider on behalf of ALEX) for the purposes of KYC are such as is typically required by Token Projects (as defined below) (including, amongst others, User’s full name, date of birth, residential address, email address, identification documents and live photograph), and may be supplemented by such other information and/or documents as may be requested by a particular Token Project (as defined below) in which User seeks to participate.

3.4 The collection and use of information provided by User shall be in accordance with these Terms and our Privacy Policy. User also authorises ALEX to conduct investigations and agrees to our collection of additional information where we deem necessary, either directly or through regulated third-party service providers to ensure our compliance with national and international regulations and laws relating to the operation of the Website and in order to verify User’s identity or to protect User and/or us from any possible financial crimes, and to take necessary actions based on the results of such investigations, including freezing / closing / deleting accounts as necessary found to be in violation of applicable anti-money laundering (AML) and countering terrorism financing (CFT) laws and regulations, and to cooperate with the competent authorities when and if necessary. ALEX will hold no liability to Users for any damage, or loss arising out of or in connection with this manner herein.

3.5 User agrees that all information User provides to ALEX is complete and accurate, and in the event of any change to the provided information, User shall inform ALEX of such updated information in a timely manner. ALEX reserves the right at any time to share submitted KYC information and documentation to third-parties and/or third-party service providers to verify the authenticity of submitted information, and User agrees to this by using the Website.

3.6 Where ALEX has reasonable grounds to believe that the information User had provided to us is incorrect or outdated (whether in whole or in part), ALEX shall be entitled to demand that User make such amendment to or deletion of such incorrect or outdated information. In the event no amendment and/or deletion is made in spite of our request(s) for User to do so, ALEX retains the right to terminate all or part of User’s access and/or use of the Website. If ALEX suffers any losses or incurs any expenses as a result of or in connection with any incorrect or outdated information provided by User, or if ALEX is unable to reach User with the contact information User has provided to us, User shall be fully liable for any such losses or expenses incurred.

4. Project Activities (including Project Token Sales (as defined below))

4.1 Information on Token Projects

4.1.1 When accessing the Interface, User will have access to information relating to the token projects listed on the Website from time to time (“Token Projects”, each a “Token Project”). Such information has been provided by the respective Token Projects for publication on the Website, for the purposes of sale by the Token Projects of their native tokens (“Project Tokens”) to users of the Website (“Project Token Sales”, each a “Project Token Sale”).

4.1.2 ALEX does not make any representation or warranty as to the accuracy or completeness of such information provided by any of the Token Projects or in relation to any of the Project Token Sales.

4.2 Whitelisting

4.2.1 To be eligible for participation in a Token Project’s Project Token Sale via the Interface, User may, in addition to fulfilling the KYC checks, be required to fulfil such eligibility criteria as stipulated by such Token Project including completing an eligibility assessment process (“Whitelisting”) as stipulated by such Project Token Sale.

4.2.2 The criteria (“Project Whitelisting Criteria”) for Whitelisting for a Token Project’s Project Token Sale shall be determined and stipulated by such Token Project, which can include but is not limited to restrictions of a User from certain jurisdictions from participating in such Project Token Sale.

Save for the deployment and/or making available of Staking Protocol(s) for purposes of the IDO Ticket Validation and Lottery Drawing, ALEX is not involved in Whitelisting by such Token Project of a User. User further agrees and acknowledges that, save as set out herein, ALEX’s role in Whitelisting in relation to a Token Project’s Project Token Sale is limited to the hosting of the Interface to facilitate such Whitelisting process between User and the Token Projects.

4.2.3 Notwithstanding the completion of the Whitelisting of User in respect of any Project Token Sale, User is not guaranteed participation in such Project Token Sale, and User’s participation in such Project Token Sale shall be subject to the Project Token Allocation (as defined below).

4.3 Token Project Activities

Subject to User’s completion of KYC and Whitelisting to the extent applicable to a Token Project, User’s participation in such Token Project’s Project Activities (which can include such Token Project’s Project Token Sale) shall be subject to terms and conditions as may be determined and stipulated by such Token Project in respect of User’s participation in such Project Activities. User acknowledges that such terms and conditions (to the extent accepted by User) establishes only contractual relations between User and Token Project and do not establish any contractual relations between ALEX and User in respect of such Project Activity (which can include such Token Project’s Project Token Sale).

4.4 Project Token Sale & Allocation

4.4.1 Subject to User’s completion of KYC and Whitelisting applicable to a Token Project,

(a) User’s participation in a Token Project’s Project Token Sale shall be subject to terms and conditions as may be determined and stipulated by such Token Project in respect of User’s participation in such Token Project’s Project Token Sale (“Token Project T&Cs”); and

(b) subject always to Token Project T&Cs and fulfilment of the Allocation Criteria (as defined below), User may be eligible to apply to such Token Project for an allocation of such Token Project’s tokens that are subject of such Token Project’s Project Token Sale (“Project Token Allocation”), such application to be made during such period (“Allocation Period”) as shall be as determined and stipulated by such Token Project and reflected on the Website.

4.4.2 Criteria for determining Project Token Allocation of a User in relation to a Token Project’s Project Token Sale (“Allocation Criteria”) shall be determined and stipulated by such Token Project which can – in such Token Project’s sole and absolute discretion – include:

4.4.2.1 the amount of APower tokens (“APower Tokens”) transferred by a User to a wallet address designated by ALEX for Staking (as defined below) for purposes of the Token Sale, representing the number of unvalidated IDO lottery tickets that such User may be entitled to receive following exchange of APower Tokens for unvalidated lottery tickets;

4.4.2.2 the amount of Supported Digital Assets transferred by User (together with APower Tokens) to a wallet address designated by ALEX for Staking (as defined below) in furtherance of the validation process for unvalidated IDO lottery tickets (“IDO Ticket Validation”), which APower Tokens and Supported Digital Assets are to be held at such wallet address until the later of the end of the lottery drawing phase (“Lottery Drawing”) as determined by ALEX and the expiry of any lock-up period determined by ALEX to be applicable to the Supported Digital Assets (such process referred to as “Staking”); and

4.4.2.3 the minimum number of validated IDO lottery tickets needed for the Token Sale to proceed (“Activation Threshold”) and in the event the Activation Threshold is not met, the Token Sale will be cancelled and all submitted APower Tokens and Supported Digital Assets will be refunded to such User.

4.4.3 Information on the Allocation Criteria determined and stipulated by a Token Project in respect of such Token Project’s Project Token Sale shall be made available to User via the Website. ALEX may modify, supplement and/or amend the Allocation Criteria as published on the Website in respect of a Token Project’s Project Token Sale as requested by such Token Project.

4.5 Project Token Sale

4.5.1 To participate in the Token Sale, User will need to follow such directions/instruction as may be prescribed by the Token Sale Project, which can include the following:

4.5.1.1 connect User’s Supported Wallet to such Token Sale Project’s Project Protocol via the Interface;

4.5.1.2 carry out IDO Ticket Validation by transferring APower Tokens and Supported Digital Assets on the Interface to a wallet address designated by ALEX for Staking, for purposes of validating lottery tickets for Project Token Allocation;

4.5.1.3 ensure that User has sufficient Supported Digital Assets in its Supported Wallet that User intends to deploy to exchange for the Project Tokens in the event that User is successful in the Lottery Drawing; and

4.5.1.4 pay / provide for all gas / transaction fees associated with the foregoing actions/transactions.

4.5.2 Following IDO Ticket Validation and Lottery Drawing, if the User is successful at obtaining Project Token Allocation from a Token Project in relation to such Token Project’s Project Token Sale, User shall, upon the expiry of the Allocation Period (as determined and stipulated by such Token Project in relation to such Token Project’s Project Token Sale), be notified via the Website of the Project Token Allocation to which User is entitled to, as determined by such Token Project. The maximum Project Tokens that User will be eligible to purchase via the Token Sale will be determined based on User’s number of successfully validated IDO Tickets by ballot and will be allocated (“Allocated Tokens”) and distributed to User’s Supported Wallet. Such Project Token Allocation represents the maximum number of Project Tokens which User shall receive from the Token Project following the results of the Lottery Drawing. For any validated lottery tickets that have won the Lottery Drawing and are claimed by User, User’s Supported Digital Assets will be swapped for the Token Project’s Project Tokens whereas for any validated lottery tickets that are unsuccessful at the Lottery Drawing, User’s Supported Digital Assets will be returned to such User. The purchase of Tokens from the relevant Token Project shall be subject to the Token Project T&Cs between such Token Project and User.

4.5.3 Where User has successfully obtained a Project Token Allocation from a Token Project in relation to such Token Project’s Project Token Sale by way of Lottery Drawing, such amount of Supported Digital Assets (as defined below) and/or Supported Fiat (as defined below) (where applicable) shall be required for the purchase of such number of Project Tokens up to the maximum number of Project Tokens User is entitled to purchase under the Project Token Allocation shall be deployed by the Token Project. “Supported Digital Assets” and “Supported Fiat” respectively refer to the digital assets and fiat supported (and accepted) by the relevant Token Project for the purpose of each Project Token Sale, and shall be as specified via the Website.

4.5.4 User agrees and acknowledges that ALEX has no control over any of User’s Supported Digital Assets and/or Supported Fiat that User may elect to deploy in connection with any Project Token Sale, and that ALEX has not rendered any advice and/or made any recommendation in respect of User’s purchase of any Project Tokens and User’s deployment of Supported Digital Assets or Supported Fiat in connection therewith. ALEX does not control or hold any administration key in respect of any smart contract containing User’s Supported Digital Assets or Supported Fiat.

4.5.5 In the event of any Project Tokens (offered by a Token Project in relation to such Token Project’s Project Token Sale) remaining in excess which had not been allocated to any user of the Website upon expiry of the Allocation Period (“Excess Project Tokens”), such Token Project may determine and stipulate for such Excess Project Tokens to be sold to other user(s) of the Website, subject to the Token Project T&Cs applicable to the relevant Token Project, provided always that such user(s) seeking to purchase Excess Project Tokens have completed the applicable KYC and Whitelisting processes.

4.5.6 Upon transfer of the Supported Digital Assets or Supported Fiat by User as required for the purchase of Project Tokens to the Project Protocol designated by a Token Project in relation to such Token Project’s Project Token Sale, User shall receive via such Project Protocol such Project Tokens in such manner and at such time(s) in accordance with the Token Project T&Cs.

4.5.7 User acknowledges and understands that ALEX has no control over any Project Tokens that User may elect to purchase in connection with any Project Token Sale, and we do not control or hold any administration key in respect of any smart contract containing such Project Tokens.

4.6 Marketing Activities

If User elects to participate in marketing activities conducted by a Token Project via the Interface, any rewards which User may earn as a result of User’s participation shall be allocated and distributed by such Token Project. ALEX does not hold any such rewards on behalf of the Token Project, and User agrees and acknowledges that ALEX shall not be liable to distribute any such rewards to User.

5. Representations and Warranties

In accessing and/or using the Interface and/or connecting a Supported Wallet to the Project Protocol via the Interface, User makes the following representations and warranties:

5.1 User is at least eighteen (18) years of age, and has the full right, power and authority to access and/or use the Interface (including the tools made available via the Interface), and to and enter into and comply with these Terms;

5.2 User is not prohibited and/or restricted under the laws of any jurisdiction applicable to User from accessing and/or using the Interface, and/or from using the Supported Wallet in connection with User’s use of the Interface;

5.3 User is responsible for ensuring compliance with the laws of any jurisdiction applicable to User in relation to User’s access and/or use of Interface and acknowledge and agree that ALEX is not liable for User’s compliance or non-compliance with any such laws;

5.4 User is not an Excluded Person (as defined below), and User is not accessing and/or using the Interface from an Excluded Jurisdiction (as defined below);

5.5 User has not had User’s access and/or use of the Interface previously terminated or revoked for any reason whatsoever;

5.6 User will not, and will not attempt to, authorize anyone other than User to access and/or use Interface using a Supported Wallet owned by User, or otherwise engage in Prohibited Use (as defined below) of such Supported Wallet;

5.7 User is the legal and beneficial owner of, or is authorized by the owner of the Supported Wallet to hold and/or deploy, the Supported Digital Assets or Supported Fiat; and

5.8 User is knowledgeable in using and evaluating blockchain technologies and related blockchain-based digital assets, including the Interface, Supported Digital Assets and Supported Wallets, and User has evaluated and understand the use of Interface and have not relied on any information, statement, representation, or warranty, express or implied, made by or on behalf of ALEX with respect to the Interface and/or Project Protocol whether as regards the suitability, reliability, security or otherwise of the Interface and/or Project Protocol.

Each and all of User’s above representations and warranties are true, complete, accurate and not misleading from the time of User’s acceptance of these Terms and are deemed repeated each time User uses the Interface.

6. Excluded Person and Excluded Jurisdiction

For purposes of these Terms:

6.1 “Excluded Jurisdiction” means any of the following jurisdictions:

6.1.1 the United States of America and its territories and possessions (collectively “United States”);

6.1.2 the People’s Republic of China;

6.1.3 the Central African Republic;

6.1.4 the Democratic People’s Republic of Korea;

6.1.5 the Democratic Republic of Congo;

6.1.6 Belarus;

6.1.7 Iran;

6.1.8 Libya;

6.1.9 Mali;

6.1.10 Russia;

6.1.11 Somalia;

6.1.12 South Sudan;

6.1.13 Sudan

6.1.14 Yemen;

6.1.15 a jurisdiction identified by the Financial Action Task Force (FATF) for strategic AML/CFT deficiencies and included in FATF’s listing of “High-risk and Other Monitored Jurisdictions” accessible at http://www.fatf-gafi.org/publications/high-risk-and-other-monitored-jurisdictions;

6.1.16 a jurisdiction in which the Interface and/or Protocol(s) would be subject of licensing; and/or

6.1.17 a jurisdiction in which the Token Sale is prohibited, restricted or unauthorised in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction.

6.2 “Excluded Persons” refers to the following:

6.2.1 a person who is:

(a) a citizen of an Excluded Jurisdiction (which for purposes of this Section 6.2.1(a) shall not include United States);

(b) domiciled in, resident of, or physically present / located in an Excluded Jurisdiction;

6.2.2 a body corporate:

6.2.2.1 which is incorporated in, or operates out of, an Excluded Jurisdiction; or

6.2.2.2 which is under the control of one or more individuals who is/are citizen(s) of, domiciled in, residents of, or physically present / located in, an Excluded Jurisdiction;

6.2.3 an individual or body corporate accessing and/or using Interface and/or Protocol(s) from within an Excluded Jurisdiction;

6.2.4 an individual or body corporate included in United Nations Consolidated List (accessible at https://www.un.org/securitycouncil/content/un-sc-consolidated-list);

6.2.5 an individual or body corporate which is otherwise prohibited or ineligible in any way, whether in full or in part, under any laws applicable to such individual or body corporate from accessing and/or using the Interface and/or Protocol(s); and/or

6.2.6 a U.S. person.

6.3 “U.S. person” means:

6.3.1 any natural person resident in the United States;

6.3.2 any partnership or corporation organized or incorporated under the laws of the United States;

6.3.3 any estate of which any executor or administrator is a U.S. person;

6.3.4 any trust of which any trustee is a U.S. person;

6.3.5 any agency or branch of a foreign entity located in the United States;

6.3.6 any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;

6.3.7 any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States;

6.3.8 any partnership or corporation if:

(a) organized or incorporated under the laws of any foreign jurisdiction; and

(b) formed by a U.S. person principally for the purpose of investing in securities not registered under the Act, unless it is organized or incorporated, and owned, by accredited investors (as defined in Regulation D of the Securities Act of 1933 of the United States of America) who are not natural persons, estates or trusts; and

6.3.9 any citizen of United States who is a military personnel of United States who is not resident in or outside of the United States,

but does not include :

6.3.10 any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States;

6.3.11 any estate of which any professional fiduciary acting as executor or administrator is a U.S. person if:

(a) an executor or administrator of the estate who is not a U.S. person has sole or shared investment discretion with respect to the assets of the estate; and

(b) the estate is governed by foreign law;

6.3.12 any trust of which any professional fiduciary acting as trustee is a U.S. person, if a trustee who is not a U.S. person has sole or shared investment discretion with respect to the trust assets, and no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. person;

6.3.13 an employee benefit plan established and administered in accordance with the law of a country other than the United States and customary practices and documentation of such country;

6.3.14 any agency or branch of a U.S. person located outside the United States if:

(a) agency or branch operates for valid business reasons; and

(b) the agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located; and

6.3.15 The International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans.

7. Prohibited Use

User shall not, directly or indirectly:

7.1 access and/or use the Interface:

7.1.1 in violation of any law, rule, or regulation of any jurisdiction that is applicable to User; and/or

7.1.2 in violation or breach of these Terms and/or any other document from time to time governing User access and/or use of the Interface;

7.2 permit others to access the Interface through User’s wallet or a blockchain address User controls or otherwise engage in transactions using the Interface and Project Protocol for any person other than the wallet owner;

7.3 disrupt, interfere with, or otherwise adversely affect the normal flow or function of the Interface and/or Protocol(s) or otherwise act in a manner that may negatively affects other users’ experience when using the Interface, and User shall not take advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design and functions of the Interface;

7.4 engage in, or knowingly facilitate, any fraudulent, deceptive, or manipulative transaction activity in any Supported Digital Asset or Supported Fiat using the Interface and/or Protocol(s);

7.5 engage in, or knowingly facilitate, any money laundering, terrorist financing, or other illegal activities using the Interface;

7.6 access or attempt to access non-public systems, programs, data, or services using the Interface;

7.7 copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of Interface and/or Protocol(s) except as expressly permitted by applicable laws; and

7.8 reverse engineer or attempt to reverse engineer the Interface and/or Protocol(s) except as expressly permitted by applicable law.

8. Waivers

8.1 User agrees and acknowledges that neither ALEX nor any of our Affiliates (as defined below) shall be liable to User for any direct, indirect, special, incidental, consequential or other losses of any kind, in tort, contract or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with User’s access and/or use of the Interface and/or Protocol(s).

8.2 For purposes of these Terms, “Affiliates” of an entity means the owners, directors, officers employees, advisors, agents of such entity and companies in which such entity and/or the aforementioned persons has an interest.

8.3 User undertakes not to initiate or participate, and waives the right to participate in, any class action lawsuit or a class-wide arbitration against ALEX and/or our Affiliates in relation to User’s access and/or use of the Interface and/or Protocol(s).

8.4 By accepting these Terms, User waives all rights, claims and/or causes of action (present or future) under law (including any tortious claims) or contract against ALEX and/or our Affiliates in connection with User’s access and/or use of Interface and/or Protocol(s).

9. Termination

9.1 These Terms shall remain in full force and effect and be legally binding on User for so long as User accesses and/or uses Interface.

9.2 ALEX may restrict, suspend and/or terminate User’s access and/or use of the Interface and/or Protocol(s) at any time for any reason and to such extent at ALEX’s sole discretion.

9.3 Neither ALEX nor any of our Affiliates will have any liability whatsoever to User for any such restriction, suspension and/or termination or for any action taken by ALEX and/or any of our Affiliates to implement such restriction, suspension and/or termination which can include blacklisting User’s Supported Wallet which User uses to access and/or use the Interface and/or Protocol(s).

9.4 Sections 10 to 12 of these Terms shall remain in effect notwithstanding any such restriction, suspension and/or termination.

10. Disclaimer

10.1 In accessing and/or using the Interface, User acknowledges and agrees that:

10.1.1 THE INTERFACE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS BY ALEX, AND ALEX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

10.1.2 ALEX HAS NOT MADE AND MAKES NO REPRESENTATION, WARRANTY AND/OR CONDITION OF ANY KIND THAT THE INTERFACE WILL MEET USER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

10.1.3 ALEX IS NOT USER’S BROKER, AGENT, TAX OR LEGAL ADVISOR, AND HAS NO FIDUCIARY RELATIONSHIP WITH OR OBLIGATION TO USER. NO COMMUNICATION OR INFORMATION PROVIDED BY ALEX IS INTENDED AS OR SHALL BE CONSTRUED AS INVESTMENT, FINANCIAL, TAX, LEGAL OR ANY OTHER KIND OF ADVICE. ALEX SHALL NOT BE LIABLE FOR ANY DECISIONS USER MAKES TO ACCESS AND/OR USE THE INTERFACE.

10.1.4 TO THE EXTENT THAT APPLICABLE LAW REQUIRES OR IMPOSES ANY REPRESENTATION, WARRANTY AND/OR CONDITION WITH RESPECT TO USER’S ACCESS AND/OR USE OF THE INTERFACE, ALL SUCH REPRESENTATION, WARRANTY AND/OR CONDITION ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST ACCESS AND/USE BY USER OF THE INTERFACE.

10.2 In accessing and/or using the Protocol(s) via the Interface, User acknowledges and agrees that:

10.2.1 THE PROTOCOL(S) AS ACCESSED VIA THE INTERFACE IS ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ALEX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

10.2.2 ALEX HAS NOT MADE AND MAKES NO REPRESENTATION, WARRANTY AND/OR CONDITION OF ANY KIND THAT THE PROTOCOL AS ACCESSED VIA THE INTERFACE WILL MEET USER’S REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

10.2.3 TO THE EXTENT THAT APPLICABLE LAW REQUIRES OR IMPOSES ANY REPRESENTATION, WARRANTY AND/OR CONDITION WITH RESPECT TO YOUR ACCESS AND/OR USE OF PROTOCOL, ALL SUCH REPRESENTATION, WARRANTY AND/OR CONDITION ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST ACCESS AND/USE BY YOU OF THE PROTOCOL(S) (VIA THE INTERFACE).

10.3 ALEX DOES NOT ENDORSE ANY THIRD PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH ANY OTHER THIRD PARTY.

10.4 YOU ACKNOWLEDGE AND AGREE THAT NEITHER ALEX NOR ANY OF OUR AFFILIATES WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY.

11. Limitation of Liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALEX AND/OR ANY OF OUR AFFILIATES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS AND/OR OF THE INTERFACE AND/OR PROTOCOL, EVEN IF ALEX AND/OR ANY OF OUR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 USER’S ACCESS TO AND/OR USE OF THE INTERFACE AND PROTOCOL IS AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

11.3 NEITHER ALEX NOR ANY OF OUR AFFILIATES SHALL BE LIABLE TO USER FOR ANY LOSS OR DAMAGE ARISING OUT OF USER’S FAILURE TO KEEP USER’S PRIVATE KEYS OR LOGIN CREDENTIALS TO USER’S WALLET SECURE OR ANY OTHER UNAUTHORIZED ACCESS TO OR TRANSACTIONS INVOLVING USER’S WALLET.

11.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF ALEX AND/OR ANY OF OUR AFFILIATES TO USER FOR ANY CLAIM BY USER FOR DAMAGES ARISING FROM OR RELATED TO USER’S ACCESS AND/OR USE OF THE INTERFACE AND/OR PROTOCOL:

(a) WHETHER PURSUANT TO THESE TERMS; AND/OR

(b) WHETHER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO USD1,000. THE EXISTENCE OF MORE THAN ONE CLAIM BY USER WILL NOT ENLARGE THIS LIMIT.

12. Indemnification

12.1 To the maximum extent permitted by the applicable laws, regulations and rules, User shall indemnify and hold ALEX and/or any of our Affiliates, each of their respective employees, officers, directors and representatives (collectively, “Indemnified Party”), harmless, including costs and attorneys’ fees, from any loss, claim or demand made due to or arising out of:

12.1.1 User’s access and/or use of Interface and Protocol(s) (via the Interface);

12.1.2 User’s violation of these Terms;

12.1.3 User’s or any third parties’ breach of any of any warranty, representation, or obligation hereunder; and

12.1.4 User’s violation of laws or regulations applicable to User’s access and/or use of Interface and/or Protocol(s).

12.2 The relevant Indemnified Party reserves the right, at User’s expense, to assume the exclusive defence and control of any matter for which User is required to provide indemnification, and User agrees to cooperate in the defence of these claims. User shall not settle any matter without the prior written consent of the relevant Indemnified Party. The relevant Indemnified Party will use reasonable efforts to notify User of any such claim, action or proceeding upon becoming aware of it.

13. Tax Implications

User is solely responsible for determining the tax implications and tax reporting requirements associated with transactions User engages in using the Interface and/or Protocol(s) (via the Interface), and for paying any applicable taxes in each applicable jurisdiction. Neither ALEX nor any of our Affiliates shall be responsible for determining whether there are tax implications in connection with transactions involving User’s use of the Interface and/or Protocol(s), for reporting any such transactions, or for paying any applicable taxes.

14. Potential Risks Associated with Use of Interface and/or Protocol(s) (via Interface)

User acknowledges and agrees to the following:

14.1 Like all software, the Interface and/or the Protocol(s) may be subject to exploits, accordingly, neither ALEX nor any of its Affiliates shall be responsible to User any such exploits or loss to User as a result of such exploits, whether foreseeable or not.

14.2. While ALEX has taken a number of precautions to ensure the security of the Interface, the technology constituting the Interface and/or the Protocol(s), and their interaction, is relatively new and it is not possible to guarantee that the code is completely free from bugs or errors. Any adverse changes in market forces, technology, and regulatory environment impacting ALEX’s performance under this Agreement shall absolve ALEX from responsibility in this regard, including but not limited to hacking attacks, possible theft, unfavourable regulatory action, or unclear legal/tax status of cryptographic tokens.

14.3. User accepts all risks that arise from User’s access and/or use of the Interface and/or Protocol(s), including, and not limited to, the risk of any of User’s Supported Digital Assets and/or Supported Fiat being lost due to a failure or exploit of the Interface and/or Protocol(s), in respect of which ALEX shall have absolutely no liability in this regard.

14.4. User is solely responsible for securing the private keys associated with any Supported Wallet which User uses when accessing and/or using the Interface and/or Protocol(s).

14.5. User understands that anyone who obtains User’s private keys to User’s Supported Wallet and/or access to User’s device containing such private keys, may access User’s Supported Wallet controlled with those private keys with or without User’s authorisation and may transfer any Supported Digital Assets accessible through User’s Supported Wallet.

14.6. In choosing to access and/or use the Interface and/or Protocol(s) (via the Interface), User does so on User’s own initiative and at User’s own risk, and User is responsible for complying with all applicable local laws, rules and regulations relating to User’s access and/or use of the Interface and/or Protocol(s).

14.7. Support for the Interface (as means to access the Protocol(s)) may be modified or discontinued at any time in ALEX’s sole discretion.

14.8. In the event of a change in the operating rules or other features of the Protocol(s) (“Fork”) that may result in more than one version of a network (“Forked Network”) and more than one version of a digital asset (“Forked Asset”), the Interface and/or Protocol(s) may not support activity related to any Forked Assets. Forked Networks and the available supply of any Forked Assets are wholly outside ALEX’s control. In the event of a Fork, ALEX may temporarily suspend certain services on the Website (with or without advance notice to User) while we determine, at our sole discretion, which Forked Network(s) to support. ALEX IS UNLIKELY TO SUPPORT MOST FORKED NETWORKS AND MOST FORKED ASSETS WILL LIKELY NOT BE MADE AVAILABLE TO USER. ALEX MAY DETERMINE, IN OUR SOLE DISCRETION, NOT TO SUPPORT A FORKED NETWORK. USER HAS NO RIGHT, CLAIM, OR OTHER PRIVILEGE AGAINST FORKED ASSETS ON SUCH UNSUPPORTED FORKED NETWORK. ALEX MAY, IN OUR SOLE DISCRETION, DETERMINE OUR APPROACH TO SUCH FORKED ASSETS, WHICH MAY INCLUDE ABANDONING OR OTHERWISE ELECTING NOT TO SUPPORT SUCH FORKED ASSETS AS PART OF OUR SERVICES.

15. Electronic Communications with ALEX

15.1 The communications between User and ALEX shall be via electronic means, either through the Interface or electronic mail.

15.2 For contractual purposes, User:

15.2.1 consents to receive communications from ALEX in any electronic form; and

15.2.2 acknowledges and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that ALEX provides to User electronically satisfy any legal requirement that would also be satisfied if such communications were to be in a hardcopy writing.

16. General

16.1 Entire Terms

These Terms (read together with our Privacy Policy) constitute the entire agreement between User and ALEX regarding User’s access and/use of Interface.

16.2 Severability

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

16.3 Relationship of Parties

Nothing contained in these Terms will be deemed to be construed as creating a partnership or an agency relationship or joint venture between User, ALEX and/or any of our Affiliates.

16.4 Assignment

These Terms, and User’s rights and/or obligations under this Agreement may not be assigned. ALEX’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ALEX reserves the right to freely assign these Terms, in whole or in part, and our respective rights thereunder at any time without notice.

16.5 Waiver

A waiver by ALEX of any right or remedy under these Terms shall only be effective if it is in writing, executed by a duly authorized representative of ALEX and shall apply only to the circumstances for which it is given. Failure of ALEX to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy, and no single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights or remedies.

16.6 No Third-Party Rights

Save for ALEX’s Affiliates who shall have the rights and benefits to the extent accorded thereto under these Terms, any person who is not a Party shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any of these Terms.

16.7 Governing Law and Jurisdiction

The agreement as shall be constituted by User’s acceptance of these Terms, and any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of such agreement, shall be governed by and construed in accordance with the law of Singapore.

The Parties agree that any dispute or claim arising out of or in connection with the subject matter or formation (including non-contractual disputes or claims) of these Terms shall be by arbitration, and judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant Party or its assets. The arbitration shall be conducted under the rules of the Singapore International Arbitration Centre (“SIAC”). The arbitral tribunal shall consist of a sole arbitrator to be appointed by the President of the SIAC. The seat of the arbitration shall be Singapore. The language of the arbitration shall be English. The arbitration agreement shall be governed by Singapore law.

16.8 Severability

If any provisions of these Terms are found by any court or tribunal of competent jurisdiction to be invalid, void, unlawful or unenforceable under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.