Terms of Use

Last Update: September 15,2023

THE ENTIRE NEXDEX TECHNICAL INFRASTRUCTURE, INCLUDING WEB INTERFACE, SMART CONTRACTS, MOBILE APPLICATION, APIs, NDT TOKEN, NEXDEX CHAIN (HEREINAFTER SITE AND SERVICES) ARE NOT AVAILABLE TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA ("US PERSONS").

MOREOVER, NO SERVICES (AS DEFINED BELOW) ARE OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY (AS DEFINED BELOW, AND ANY SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A "RESTRICTED PERSON").

WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A US PERSON, DO NOT ATTEMPT TO USE OUR PERPETUAL CONTRACTS AND IF YOU ARE A RESTRICTED PERSON, DO NOT ATTEMPT TO USE ANY OF THE SERVICES. THE USE OF A VIRTUAL PRIVATE NETWORK ("VPN") TO AVOID THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED.

These Terms govern your use of the Site to access the order book, matching engine, smart contracts, decentralized applications, APIs, NDT token, NEXDEX Chain, mobile application and all other software that DeTech Global Inc. and its affiliates (“NEXDEX”, “we”, “us” and “our”) or a third party has developed for trading cryptocurrencies and other blockchain-based assets (collectively, "Digital Assets"), including entering into perpetual contracts ("Perpetual Contracts"). These Terms encompass expressly your rights and obligations, as well as our disclaimers and liability limitations, in relation to your use of and access to the Site and the Services. By selecting "I agree"(or similar language) to these Terms, acknowledging these Terms in another manner, or accessing or using the Site or the Services in any other manner, you accept and agree to be bound by and comply with these Terms. You may not access or use the Site or the Services if you do not accept these Terms.

Before using any software developed by NEXDEX, please thoroughly review the disclosures and disclaimers set forth in Section 13. Important information regarding the legal obligations associated with your use of the Services is provided in Section 13. By accessing or using the Site or the Services, you agree that NEXDEX does not provide any type of execution, settlement, or clearing services and is not responsible for the execution, settlement, or clearing of transactions that are automated through the Services.

(1) CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to periodically modify these Terms. If we make changes, we will provide you with notice through the Services or by updating the "Last Updated" date located at the top of these Terms. Unless we state otherwise in our notice, all such changes are effective immediately, and your continued use of the Site and Services after we provide that notice indicates your acceptance of the modifications. If you do not accept the modified Terms, you must immediately cease using the Site and the Services.

(2) UTILIZATION OF SERVICES

2.1. You represent and warrant to NEXDEX the following as a condition of accessing or using the Services or Website:

• 2.1.1. If you are an individual entering into these Terms, you are of legal age in the jurisdiction in which you reside and have the legal capacity to enter into these Terms and be bound by them;

• 2.1.2. if you are entering into these Terms on behalf of an entity, you must have the legal authority to accept these Terms on behalf of that entity, in which case "you" (except where otherwise noted) will refer to that entity;

• 2.1.3. If you are entering into these Terms to access Perpetual Contracts or will access Perpetual Contracts in the future, then you are not a US Person and you are not accessing the Perpetual Contracts from a US IP address;

• 2.1.4. If you are accessing smart contracts for the purpose of staking in such smart contracts, or will access such smart contracts in the future for such a purpose, you are not a US Person and you are not accessing the smart contracts from a US IP address;

• 2.1.5. You are not a resident, citizen, agent, or incorporated in People's Republic of China (excluding Hong Kong, Macau and Taiwan), Iran, Cuba, North Korea, Syria, Myanmar (Burma), the regions of Crimea, Donetsk or Lugansk, or any other country or region (i) that is subject to comprehensive country-wide or region-wide economic sanctions by the United Nations or the United States; or (ii) to which the United States, the United Nations, or the European

• 2.1.6. You are not subject to economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury, the United Kingdom government, the European Union, or the United Nations (collectively, "Sanctioned Person");

• 2.1.7. You do not intend to conduct business with a Sanctioned Person;

• 2.1.8. You agree that you will not and will not use a VPN or any other privacy or anonymization tools or techniques to circumvent or attempt to circumvent any restrictions that apply to the Services; and

• 2.1.9. Your access to the Services: (a) is neither prohibited by nor in violation of any local or international laws, rules, statutes, regulations, orders, codes, decrees, directives, requirements, or guidelines currently in effect. This includes any directives issued by any level of government, judicial, or administrative authority that has jurisdiction over NEXDEX, you, the Site, or the Services, whether grounded in common law, equity, or other "Applicable Laws"; and (b) does not aid or result in any illegal activities.

2.2. You acknowledge, comprehend, and agree to the following as a condition of accessing or using the Services or the Site:

• 2.2.1. The Site and the Services may be inaccessible or inoperable for any of the following reasons: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that NEXDEX or any of our suppliers or contractors may undertake from time to time; (c) causes beyond NEXDEX's reasonable control; (d) disruptions and temporary or permanent unavailability of underlying blockchain infrastructure; or (e) unavailability of third-party services.

• 2.2.2. we reserve the right to disable or modify access to the Site and the Services (such as restricting features of the Services) at any time in the event of any breach of these Terms, including, if we reasonably believe any of your representations and warranties may be untrue or inaccurate, and we will not be liable to you for any losses or damages you may suffer as a result of or in connection with the Site or the Services being inaccessible to you at any time or for any repercussions thereof.

• 2.2.3. NEXDEX reserves the right to modify, replace, or discontinue (temporarily or permanently) the Services at any time, at its sole discretion.

• 2.2.4. The pricing information and other data provided on the Site do not constitute (i) an offer, a solicitation of an offer, or a recommendation to enter into a transaction with NEXDEX (other than the payment of fees to NEXDEX, if applicable) or (ii) advice regarding a transaction entered into using the Site and the Services;

• 2.2.5. NEXDEX is not your agent nor that of any other user of the Site or Services;

• 2.2.6. You are solely responsible for your use of the Services, including all digital asset transfers;

• 2.2.7. We owe no fiduciary duties or liabilities to you or any other party to the maximum extent permitted by applicable law, and to the extent any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, renounce, and release such duties and liabilities;

• 2.2.8.You are solely responsible for reporting and paying any applicable taxes associated with your use of the Services;

• 2.2.9.We have no control over or liability for the delivery, quality, safety, legality, or any other aspect of any Digital Assets that you may transfer to or from a third party, and we are not responsible for ensuring that an entity with whom you transact completes the transaction or is authorized to do so, and if you encounter a problem with any transactions in Digital Assets using the Services, you assume the entire risk;

• 2.2.10. Periodically, we may operate contests, promotions, sweepstakes, or other activities, which may be governed by separate terms and conditions and rules that may contain certain eligibility requirements; you are responsible for reading all terms and conditions and rules relating to the Promotions to determine whether you are eligible to participate; if you enter or participate in any Promotions, you agree to abide by and comply with all terms and conditions.

• 2.2.11. If you receive fee discounts from Promotions that are not subject to separate terms and rules, NEXDEX reserves the right to add, modify, or eliminate the discounts and any other aspect of such Promotions.

2.3. As a condition of accessing or utilizing the Services or the Site, you agree to the following with NEXDEX:

• 2.3.1. In conjunction with your use of the Services, you will only transfer legally acquired Digital Assets that are yours;

• 2.3.2. In interacting with Governance Contracts (as defined below), you will only stake legally acquired tokens that are yours;

• 2.3.3. you will comply with all Applicable statutes in relation to your use of the Services, and you will not use the Site or the Services if the statutes of your country or any other Applicable Law prohibit you from doing so;

• 2.3.4. You have no intention of distributing tokens from the community treasury to token holders, either directly or indirectly.

• 2.3.5. You either own the Digital Assets or other tokens you use in conjunction with the Services, or you are validly authorized to perform actions using such Digital Assets or tokens; and

• 2.3.6. In addition to complying with all restrictions, prohibitions, and other provisions of these Terms, you will: (a) ensure that, at all times, all information that you provide on the Site and during your use of the Services is current, complete, and accurate; (b) maintain the security and confidentiality of your private keys associated with your public Ethereum address, passwords, API keys, and other related credentials; (c) not sell the native tokens of the Protocol (as defined below) to a US Person; and (d) if you are a US Person, not seek to acquire the native tokens of the Protocol (as defined below) using the Services or otherwise.

(3) TRADING FEES AND NETWORK FEES

You are required to pay the trading fees reflected on the Site at the time of your use of the Services in connection with your use of the Services. Although we make every effort to provide accurate fee information, the fees listed here are only estimates and are subject to change at any time. Please refer to the website's current fee overview. From the launch of the Mainnet, network fees to NEXDEX Chain validators will be covered for users. To facilitate this, 250,000 NDT from the initial token supply has been transferred to a specified address. The company will strive to sustain this address, but cannot guarantee that network fees will consistently be covered for users.

(4) NO PROFESSIONAL ADVICE OR TRUSTEE RESPONSIBILITIES

All information provided in connection with your access to and use of the Site and Services is for informational purposes only and should not be considered professional advice. You should not take or refrain from taking any action based on any information on the Site or any other information we make available at any time, including blog posts, data, articles, links to third-party content, news feeds, tutorials, tweets, and videos. Before making any financial, legal, or other decisions involving the Services, you should consult with a licensed and qualified professional in the appropriate field. The Terms are not intended to create or impose any fiduciary obligations on us, and they do not. You also agree that the only duties and obligations owed to you by us are those expressly outlined in these Terms.

(5) FORBIDDEN ACTIVITY

You are not permitted to use the Services for the prohibited activities listed below ("Prohibited Uses"). The activities listed below are representative of Prohibited Uses, but are not exhaustive.

5.1. To violate any Applicable Laws, such as the Bank Secrecy Act and U.S. anti-money laundering and anti-terrorist financing laws and sanctions programs. The Treasury Department's Office of Foreign Asset Controls.

5.2. To engage in transactions that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under Applicable Law, including the sale, distribution, or access to counterfeit music, movies, software, or other licensed materials without the proper authorization from the rights holder.

5.3. To use Governance Contracts in any fashion that results in the tokens in the community treasury being distributed to token holders.

5.4. Any use of NEXDEX's or our licensors' intellectual property, name, or logo, including use of NEXDEX's trade, service, or licensed marks, without express permission from NEXDEX or in a manner that otherwise harms NEXDEX; any action that implies an untrue endorsement by or affiliation with NEXDEX.

5.5. To engage in improper or abusive trading practices, such as (a) any fraudulent act or scheme to defraud, deceive, trick, or mislead; (b) trading ahead of another user of the Services or frontrunning; (c) fraudulent trading; (d) accommodation trading; (e) fictitious transactions; (f) prearranged or non-competitive transactions; (g) cornering, or attempted cornering, of any Perpetual Contracts; (h) violations of bids or offers

5.6. To use the Services in a way that could prevent other users from fully enjoying the Services, or that could damage, disable, overburden, or impede the Site or the Services in any way.

5.7. To bypass any content-filtering techniques, security measures, or access controls employed by NEXDEX on the Site, including through the use of a virtual private network (VPN).

5.8. To use any robot, spider, crawler, scraper, or other automated means or interface not provided by us in order to access the Services, to extract data, or to introduce any malware, virus, Trojan horse, worm, logic bomb, drop-dead device, backdoor, or other harmful material into the Site or the Services.

5.9. To provide deceptive, inaccurate, or misleading information while using the Site or the Services, or to engage in activity designed to defraud NEXDEX, other users of the Services, or any third party.

5.10. To transmit or exchange Digital Assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion.

5.11. To use the Site in any way that is, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, stalking, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable, or likely or intended to incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others.

5.12. The United States of America or any Restricted Territory.

5.13. To harass, abuse, or injure another person, including employees or service providers of NEXDEX.

5.14. To assume the identity of another Service user or otherwise misrepresent yourself.

5.15. Engaging in or attempting to engage in, or encouraging, inducing, or assisting a third party to engage or attempt to engage in, any activity prohibited by this Section or any other provision of these Terms.

(6) THE CONTENT

You hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium, or manner, any content that is available to other users as a result of your use of the Site or the Services (collectively, "Your Content"), including, without limitation, for the purpose of promoting NEXDEX You represent and warrant that (a) you own Your Content or have the right to grant the rights and licenses in these Terms; and (b) neither Your Content nor our use of Your Content as licensed herein violates, misappropriates, or infringes on the rights of any third party.

(7) OWNERSHIP RIGHTS

7.1. You acknowledge that certain aspects of the Site or the Service may use, incorporate, or link to certain open-source components, and that your use of the Site or Services is subject to and governed by any applicable open-source licenses that govern such open-source components (collectively, the "Open-Source Licenses"). You may not (a) resell, lease, lend, share, distribute, or otherwise permit a third party to use the Site or the Services; (b) use the Site or the Services for time-sharing or service bureau purposes; or (c) otherwise use the Site or the Services in a manner that violates the Open-Source Licenses.

7.2. Excluding third-party software that the Site or Services incorporate, NEXDEX owns the Site and the Services, including all technology, content and other materials used, displayed or provided on the Site or in connection with the Services (including all intellectual property rights subsisting therein, whether or not subject to Open-Source Licenses), and hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Site and the Services

7.3. NEXDEX or our licensors own any product or service names, logos, and other marks used on the Site or as part of the Services, including the NEXDEX name and logo. You may not copy, imitate, or otherwise use these trademarks without the prior written consent of NEXDEX or the applicable licensors, and these Terms do not grant you any rights to these trademarks. You may not remove, obscure, or otherwise alter any legal notices displayed on the Site or in conjunction with the Services.

7.4. The Services are not detention-based. When you deposit Digital Assets into any NEXDEX-developed smart contract, you always retain complete control over those Digital Assets. The private key associated with the Ethereum address from which you transfer Digital Assets is the only private key capable of controlling the Digital Assets you transfer into the smart contracts developed by NEXDEX. In certain instances, you may only withdraw Digital Assets from a NEXDEX-developed smart contract to the Ethereum address from which the Digital Assets were initially deposited.

(8) LINKS

8.1. The Site and/or Services provide links to other World Wide Web or accessible sites, applications, or resources, or third parties may provide such links. You acknowledge and agree that NEXDEX is not responsible for the availability of such external sites, applications, or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, and is not responsible or liable for any such content, advertising, products, or other materials.

8.2. You acknowledge and agree that NEXDEX is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, products, or services available on or through any such site or resource.

(9) CHANGE, SUSPENSION, AND TERMINATION

9.1. We may, at any time and at our sole discretion, modify, suspend, or disable (temporarily or permanently) the Services, in whole or in part, for any reason, including to allow only open Perpetual Contracts to be terminated.

9.2. Your right to use the Services will end promptly upon termination of your account. We are not liable for any losses incurred by you as a result of any modification to the Services or any modification, suspension, or termination, for any reason, of your access to the Site or the Services.

9.3. In addition to any other provision which by law or by its nature should survive, the following sections of these Terms will survive any termination of your access to the Site or the Services, regardless of the reason for its expiration or termination: Sections 7 through Section 16.

(10) Risks

10.1. By utilizing the Services or interacting with the Site in any manner, you represent and warrant that you understand the inherent risks associated with cryptographic systems and blockchain-based networks (including, without limitation, sudden changes in operating rules, such as those commonly referred to as "forks," and advancements in code cracking or other technological advancements, such as the development of quantum computing, which may materially affect the Services); NEXDEX does not own or control any of the fundamental blockchain network formation software. The software underlying blockchain networks, including the Ethereum and NEXDEX blockchains, is generally open source, allowing anyone to use, duplicate, modify, and distribute it.

10.2. The Services and your Digital Assets may be impacted by one or more regulatory inquiries or regulatory actions, which may require us to, upon request by government agencies, take certain actions or provide information that may not be in your best interest or that could impede or limit NEXDEX's ability to continue making available its proprietary software, thereby impeding or limiting your ability to access or use the Services.

10.3. You acknowledge that the Ethereum blockchain is still in development, which creates technological and security risks for your use of the Services, as well as uncertainty regarding Digital Assets and transactions therein. You acknowledge that the cost of transacting on the Ethereum blockchain is variable and may increase at any point, resulting in price fluctuations or increased costs when utilizing the Services.

10.4. Although we intend to provide accurate and timely information on the Site and during your use of the Services, the Site and other information available when using the Services may contain technical inaccuracies or typographical errors. To continue to provide you with the most complete and accurate information possible, information, including information about our policies, may be changed or updated without notice from time to time. Consequently, you should verify all information before relying on it, and you are solely responsible for all decisions based on information contained on the Site or as part of the Services. No representations are made as to the accuracy, completeness, or suitability for a particular purpose of any pricing information distributed via the Site or otherwise in connection with the Services. Prices and pricing information may be higher or lower than other platforms offering comparable services.

10.5. Any interaction with or use of the Services necessitates a thorough comprehension of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You affirm and warrant that you have pertinent knowledge and skills. Any reference to a type of Digital Asset on the Site or otherwise during the use of the Services does not imply our approval or disapproval of the technology on which the Digital Asset relies, and should not be used as a substitute for your understanding of the risks associated with each type of Digital Asset.

10.6. The use of the Services, including but not limited to trading Digital Assets, borrowing or supplying Digital Assets, trading on margin, and entering derivatives and swaps contracts, may involve financial risk. Digital Assets, particularly in relation to derivatives and swaps contracts, are experimental, risky, and volatile by nature. There are no refunds for transactions involving the Services, which are irreversible and definitive. You acknowledge and agree that your use of the Site and Services is at your own risk. The risk of loss in trading Digital Assets can be substantial, particularly when trading on margin. Therefore, you should thoroughly consider whether such trading is appropriate for you given your circumstances and financial resources. By utilizing the Services, you represent and warrant that you have been, are, and will be solely responsible for conducting independent evaluations and investigations of the risks associated with a given transaction and the underlying Digital Assets, including any margin. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to evaluate the merits and risks of any transaction involving the Services or any Digital Asset. You accept all repercussions of utilizing the Services, including the possibility of losing access to your Digital Assets permanently. You make all transactional decisions on your own. Regardless of anything else in these Terms, we assume no responsibility whatsoever for your use of the Services to perform Digital Asset transactions, including entering into margin position or derivative or swap contracts, and will under no circumstances be liable to you in connection with such use.

10.7. You acknowledge and agree that NEXDEX is not responsible or liable for the hazards outlined in this Section 10. You hereby waive, release, and discharge all known and unknown claims against NEXDEX, its affiliates, and their respective shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks outlined in this Section 10.

(11) REIMBURSEMENT

11.1. You will defend, indemnify, and hold harmless NEXDEX, our affiliates, and our and our affiliates' respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers, and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, loss, cost, or expense, including reasonable attorneys' fees, arising out of or relating to (a) your use of, or cooperation with,

11.2. NEXDEX (or, at our sole discretion, the applicable Indemnified Party) will have the right, in our or its sole discretion, to control any action or proceeding and to determine whether NEXDEX wishes to settle, and on what terms, and you agree to cooperate with NEXDEX in the defense.

(12) DISCLOSURES AND DISCLAIMERS

12.1. NEXDEX is a software developer. NEXDEX does not maintain a Digital Asset or derivatives exchange platform, nor does it provide trade execution or clearing services. Furthermore, NEXDEX has no oversight, involvement, or control over your transactions involving the Services. Using a smart contract, all transactions between users of NEXDEX-developed software are executed peer-to-peer directly between the users' NEXDEX chain.

12.2. You are accountable for adhering to all Applicable Laws governing your Perpetual Contracts. As a result of restrictions imposed by the Commodity Exchange Act and its implementing regulations, the U.S. Commission for Futures Trading ("CFTC"), no US Person may engage into Perpetual Contracts using the Services.

12.3. You acknowledge that NEXDEX is not registered with or licensed by any regulatory agency or body. No such agency or authority has reviewed or authorized the use of software created by NEXDEX.

12.4. The Site and the Services (and any of their content or functionality) provided by or on behalf of us are provided "AS IS" and "AS AVAILABLE"; we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, whether express or implied, legal, statutory or otherwise, or arising from statute, otherwise in law, course of dealing, or usage of trade, including the implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, we make no representations or warranties that the Site or Services (including any data related thereto) will be uninterrupted, available at any particular time, or error-free. In addition, we do not guarantee that errors on the Site or in the Service can or will be corrected.

12.5. You acknowledge that your data on the Site may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, and agree that, to the maximum extent permitted by Applicable Law, we will not be liable for any loss or damage caused by denial-of-service attacks, software failures, viruses or other technologically harmful materials (including those which may infect your computer equipment), protocol changes by third-party providers, Internet service provider (ISP) interruptions, or Internet traffic congestion.

12.6. This disclaimer of implied warranties may not apply if and to the extent that such warranties cannot be excluded or limited in accordance with the Applicable Law of the jurisdiction in which you reside.

(13) EXCLUSION OF COLLATERAL AND CONSEQUENTIAL DAMAGES

In no event will NEXDEX, our affiliates, suppliers and contractors, and our and affiliates’, our suppliers’ and contractors’ respective stockholders, members, directors, officers, managers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, the “Risk Limited Parties”) be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including damages for loss of fiat, assets, data, information, revenue, opportunities, use, goodwill, profits or other business or financial benefit) arising out of or in connection with the Site and the Services (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Digital Assets, Perpetual Contracts or any other product, service or other item provided by or on behalf of NEXDEX, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we have been advised of, knew of or should have known of the possibility of such damages and, notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder, nor is NEXDEX in any way responsible for the execution or settlement of transactions between users of NEXDEX -developed software.

(14) LIABILITY LIMITATION

Under no circumstances shall NEXDEX's total liability (including our affiliates, along with our and our affiliates' respective stockholders, members, directors, managers, officers, employees, attorneys, agents, representatives, suppliers, or contractors) arising from or related to the Site and the Services (including all of their content and features), any execution or lack thereof of the Services, your Digital Assets, Perpetual Contracts, or any other product, service, or item provided by or on behalf of NEXDEX, whether based on contract, tort (including negligence), civil liability, statute, strict liability, or any other legal theory, exceed the total fees, if any, paid by you to NEXDEX within the one (1) month period immediately preceding the event that led to the liability claim.

(15) APPLE-ENABLED SOFTWARE

15.1.With respect to the mobile application that DeTech Global Inc. / NEXDEX makes available to you for use with an Apple-branded product (the "Apple-Enabled Software"), the following terms and conditions apply:

15.2. NEXDEX and you acknowledge that these Terms are only between NEXDEX and you, and not with Apple Inc. or its affiliates (collectively "Apple"), and that as between NEXDEX and Apple, NEXDEX, not Apple, is solely responsible for the Apple-Enabled Software and its content.

15.3. You may not use the Apple-Enabled Software in a manner that violates or is inconsistent with the Usage Rules set forth for Apple-Enabled Software in the Apple Media Services Terms and Conditions (the "Usage Rules"), or that is otherwise in conflict with the Usage Rules.

15.4. Your license to use Apple-Enabled Software is restricted to a non-transferable license to use Apple-Enabled Software on an IOS device that you own or control, as permitted by the Usage Rules.

15.5. Apple is under no obligation to provide any maintenance or support services for the Apple-Enabled Software.

15.6. Apple is not responsible for either express or implied product warranties. If the Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.

15.7. You and NEXDEX acknowledge that NEXDEX, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

15.8. In the event of any third-party claim that the Apple-Enabled Software or your possession and use of the Apple-Enabled Software infringes that third party's intellectual property rights, NEXDEX, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

15.9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a terrorist or terrorist-supporting country, and (ii) you are not listed on any U.S. government list of prohibited or restricted individuals or entities.

15.10. When using Apple-enabled software, you must comply with applicable third-party terms of agreement, including your wireless data service agreement.

15.11. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software.

(16) GENERAL PROVISIONS

16.1. These Terms shall be governed by and interpreted in accordance with Seychelles law. The parties consent to the exclusive jurisdiction of the Seychelles courts.

16.2. Please refer to our privacy policy, which is incorporated herein by reference, for details on how we collect, use, share, and otherwise process your information.

16.3. You consent to receive electronically (collectively, "Communications") all communications, agreements, documents, invoices, notices, and disclosures that we provide in connection with these Terms, the Site, or any Services. You agree that we may provide our Communications to you by posting them on the Site, by emailing them to the email address you provide in connection with using the Services, if any, or by Telegram to the username you provided to us in connection with your use of the Site or the Services. You should print or save electronic copies of our Communications for your records.

16.4. Any right or remedy of NEXDEX described in these Terms is in addition to any other right or remedy described in these Terms, under Applicable Law, at law, or in equity. NEXDEX's failure or delay in exercising any right, power, or privilege under these Terms does not constitute a waiver of such right, power, or privilege.

16.5. The invalidity or unenforceability of a single provision of these Terms will not affect the validity or enforceability of the remaining provisions, which will all remain in full force and effect.

16.6. We assume no responsibility or liability for any failure or delay in performance of the Site or any of the Services, or for any loss or damage that you may incur, as a result of any circumstance or event beyond our control, including any flood, extreme weather conditions, pandemics, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, government action, communications failure, power failure, or equipment or software malfunction.

16.7. Without our express prior written consent, you may not assign or transfer any right to use the Site or the Services, or any of your rights or obligations under these Terms, including by operation of law or in connection with any change of control. We may assign or transfer, in whole or in part, any or all of our rights or obligations under these Terms, with or without your consent or approval.

16.8. Except to the extent otherwise provided or unless the context otherwise requires, for purposes of these Terms: (a) section headings are for convenience only and will not be used to limit or interpret such sections; (b) whenever the words "include", "includes", or "including" are used in these Terms, they are deemed to be followed by the words "without limitation"; and (c) the use of "or" is not intended to be exclusive.

16.9. These Terms constitute the entire agreement between you and NEXDEX and supersede any prior or contemporaneous agreements pertaining to the Site and the Services.

16.10. In the event of any inconsistency between these Terms and any other agreement you may have with us, these Terms shall govern, unless the other agreement expressly identifies these Terms and declares that it supersedes these Terms.

16.11. You agree that, unless otherwise expressly provided in this Agreement, only the Indemnified Parties are third-party beneficiaries of this Agreement.