THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS AND CONDITIONS. IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, OR USING AN XTRADE INC ONLINE ACCOUNT OR THE XTRADE INC AI-BASED BOT TRADING SERVICES. BY USING, APPLYING FOR, OR ACCEPTING THE SERVICES OR BY CLICKING ON "I AGREE TO TERMS AND CONDITIONS" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE AN XTRADE INC ONLINE ACCOUNT OR THE XTRADE INC AI-BASED BOT TRADING SERVICES. 1. License 1.1 Grant of License Xtrade.com ("Xtrade Inc") grants to you a limited, non-exclusive, non-transferable, and revocable license to XTRADE INC AI-based bot trading services as well as any documentation, files, or website information accompanying the services ("Services") solely to the extent necessary for you to create an automated trading interface that operates solely in connection with your devices ("Devices") and/or software services/applications ("Applications"). Any violation of the terms of this Agreement shall automatically revoke the license granted herein. 1.2 Limited License Service Services include basic services ("Basic Services") provided free of charge and enhanced services ("Enhanced Services"), which, if available, must be purchased. The licenses granted herein are contingent upon Xtrade Inc's receipt of the applicable license fees and taxes due for the Enhanced Services. Fees paid for Enhanced Services shall allow you to use Enhanced Services for the duration of the subscription service, as applicable, as selected by you during your registration of the Enhanced Services ("Subscription Period"). The fees owed for the use of the Enhanced Services are set forth on XTRADE INC's website and are subject to change upon 30 days' advance written notice. License fees may vary depending on the usage of the Services. These fees are owed regardless of whether the Services are actually used. No refunds will be given for any unused Services or any early termination of the Subscription Period. 1.3 Trial, Evaluation, and Beta Services If this Agreement pertains to a trial, beta, or evaluation license, then the licenses granted under this Agreement will terminate upon the expiration or cancellation of the trial or evaluation period. You agree to use the Services and any services only for the duration of the trial or evaluation period and only for evaluation or testing purposes. All such licenses are limited to one per customer per promotion or beta test. 1.4 Restrictions The licenses granted herein are only valid if: The Services are NOT modified in any manner. All copyright and proprietary notices or labels in the Services are maintained in their original format. The Services are only installed and used in accordance with your network security policies. You possess the necessary authority and power to install the Services. You promptly pay all license fees when due. This Agreement is accepted without any modification. You have not breached the terms of this Agreement in any manner. 1.5 Registration The Services require registration or activation to be used properly. You agree to provide accurate and complete information on all registration forms. Failure to complete the registration or activation may limit your ability to use the Services or may disable the Services from functioning. When registering or activating Services, you may be required to select a username and password. Maintaining the confidentiality of this password and username is your responsibility, and Xtrade Inc is not responsible for any loss or damage arising from unauthorized access to your account or your failure to comply with this section. You are fully responsible for any activities that occur under your username even if unauthorized. You must notify Xtrade Inc immediately of any unauthorized use of your account. 1.6 Minimum Registration Age By registering for an XTRADE INC account, you agree that you are older than 18 years of age (due to financial trading regulations). 2. Services 2.1 Limited License The licenses granted herein are only for the purpose of allowing you to connect to and use the Services for your personal or internal business use (including executing trades via automated bots). You will not use the services to perform trading operations for any third parties other than authorized End Users. 2.2 Delivery Xtrade Inc shall provide you with a web interface and an API protocol-based interface necessary to use the Services ("Interface"). You agree to access the Services only through the Interface and will not create any derivative works of the Interface or the Services. You agree not to circumvent any limitations to the Services or Interface as implemented by Xtrade Inc. 2.3 Storage When using the Services, Xtrade Inc will save a copy of each trading record you designate as requiring storage. The saved records will be transferred over the Internet to a server operated by Xtrade Inc or an affiliate or partner of Xtrade Inc. Except as provided in Section 7, Xtrade Inc disclaims all liability for the Services, including any resulting from lost or compromised data. Xtrade Inc does not make any warranty that your data will be stored safely or securely, except that Xtrade Inc warrants that, in performing the Services, it and its affiliates and partners will comply with all applicable data protection legislation and other privacy laws, rules, and regulations when processing and storing personal data. Subject to the foregoing, You give Xtrade Inc permission to transmit all records designated by you as requiring storage to a remote data center operated by Xtrade Inc or an affiliate or partner of Xtrade.com ("Storage Servers"). 2.4 Data Loss Xtrade.com does not maintain a backup copy of the data stored on our servers and does not guarantee the information against loss or destruction. In the event that this Agreement is terminated, Xtrade Inc may in its sole discretion and without notice to you delete or deny access to the backed-up data and such data or records will not be available to you. Xtrade Inc and its affiliates may retain (but shall have no obligation to retain) your data for a period of time after your subscription to the Services expires in order to allow you to renew the Subscription Period if desired. 2.5 File Deletion Xtrade Inc does not maintain a copy of the data backed up to our servers and does not guarantee the information against loss or destruction. In the event that the licenses granted herein are revoked, lapse, or terminate, whether by you or by Xtrade.com, including lapse of any trial or evaluation period, Xtrade Inc may, in its sole and absolute discretion, without notice to you, delete or deny access to the backed-up data and such data or records will not be available to you. You agree that Xtrade Inc and its affiliates may retain (but shall have no obligation to retain) your data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of Xtrade Inc's marketing to you the opportunity to purchase, renew, or extend a license. 2.6 Trading Restrictions Xtrade Inc will allow automated trading based on predefined strategies. Due to financial regulations and market conditions, certain trading activities may be restricted to prevent market manipulation or excessive risk. 2.7 End User Data You acknowledge and agree that you are solely responsible for obtaining all required consents from End Users in connection with any use of your Devices or Applications, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Before collecting any End User Data or other information from End Users, you must provide adequate notice of what End User Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Devices and Applications shall comply with all privacy laws and regulations in connection with your access and use of the Services. You will provide and adhere to a privacy policy for your Device or Application that: Complies with all applicable laws, rules, and regulations. Is conspicuously displayed to all End Users. Clearly and accurately describes to End Users what data and user information you collect (such as personally identifiable information, login information, etc.) and how you use and share such information with Xtrade Inc and third parties. 2.8 Service Uptime Xtrade Inc doesn't guarantee 100% uptime of the service, our uptime is usually 99.5%. For dedicated uptime up to 99.9%, please contact support@xtrade.com for the quotation.