Terms Of Service

The XOR Strategy website, accessible online at https://www.xorstrategy.com (hereinafter referred to as the "Site") is published by XOR SAS, a simplified joint-stock company whose registered office is located at 60 rue francois 1er, 75008 Paris, registered in the Paris Trade and Companies Register under number 909 299 281 (hereinafter referred to as "XOR").

Any use of the Site by a Client or a User (as defined below) implies the full application of the present Terms Of Service (hereinafter referred to as the "ToS"). Prior to any use of the Site, each Customer or User must read these ToS.

ARTICLE 1. DEFINITIONS

The following terms, when used in these ToS, have the following meaning, it being understood that the definition given for a term applies whether the term is used in the singular or plural:

• "Customer(s)": means any natural person of legal age or legal entity that holds a Customer Account and uses the Services in the course of its business. This does not include individuals who are acting as simple consumers ("*simple consumers*") in a non-professional capacity within the meaning of the Hamon law n°2014-344 of March 17, 2014 or who are "U.S. Person" (within the meaning of "Regulation S" of the Securities Act 1933 under U.S. law).
• "Customer Account": means the Customer's personalized online space that allows the Customer to access the Services available through the Site.
• "Crypto-currency": means a digital representation of value that is not issued or guaranteed by a central bank or public authority, is not necessarily tied to a legally established currency, and does not have the legal status of money or currency, but is accepted by individuals or entities as a medium of exchange and can be transferred, stored and traded electronically.
• "User(s)": means any person who uses the Site to obtain information about crypto-currencies and the Services offered by XOR.
• "Services": means the services described in XOR's SOFTWARE TERMS OF USE.

SECTION 2. PURPOSE

> The purpose of these ToS is to set forth the rules for the use of the Website by (i) Customers and (ii) Users who wish to obtain information on crypto-currencies and more generally on the Services offered by XOR. The Website is in part intended to provide information and financial data on the crypto-currency market.

ARTICLE 3. CREATION OF A CUSTOMER ACCOUNT

1. In order to use the Services via the Website, the Customer must first create a Customer Account by providing his/her name, email address, a password and must then login each time he/she accesses the Website.
2. When creating the Customer Account, the Customer must ensure that the data he/she provides is accurate and complete. The Customer agrees to promptly update any information about him/her on the Website if such information is no longer relevant or becomes obsolete.
3. The creation of the Customer account by the relevant Customer on the Website is approved by XOR after review of the Customer account creation form completed by the Customer. The Customer will receive an email confirming the registration.
4. The Customer agrees to protect his/her login information and password in order to keep them confidential from third parties. The Customer is solely responsible for his/her login information and for the security of his/her Customer Account access. XOR shall not be held responsible in case of negligence on the part of the Customer in this regard or in case of fraudulent access to a Customer Account.
5. When he link his exchange to XOR , the entire portfolio will be converted into usdt within 2 hours. it will enable XOR to start trading on his behalf.
6. If the strategy is out of the market, XOR will start trading after their internal indicators show market uptrend , it could last from days to weeks.

ARTICLE 4. USER OBLIGATIONS

1. When using the Site, Clients and/or Users undertake not to :
   1. provide misleading and/or false or defamatory information and data
   2. disrupt the proper functioning of the website
   3. provide viruses or any other technology that may harm XOR or the interests or property of the users of the website
   4. use bots, scraping or any other automated process to access the website's features without being authorized to do so
   5. export or re-export any XOR application or tool without XOR's prior, express, consent
   6. copy, modify or distribute the content of the website and trademarks without the prior, express and explicit consent of XOR
   7. copy, reproduce, reverse engineer, modify, create derivative works from, distribute or disclose to the public any content (except their own information) of the website without the prior express consent of XOR or the relevant third parties, if any
   8. commercialize a solution developed by XOR or software or information related to this application
   9. impersonate any other person
   10. collect, combine, send to other media, make public, publish or disclose data about customers and/or users of the website or related to their activities on the website, including data about transactions, their number, type, price, etc
   11. In case of violation of these TOU by a Customer and/or a User, XOR may, at its sole discretion, temporarily or permanently suspend the access of the User concerned to the Website and to his Customer Account in particular.
   12. XOR may, at any time and at its sole discretion, reorganize the Site, the advertising spaces or any information on the Services.

   ARTICLE 5. ACCESS TO THE WEB SITE

   1. The Website is provided on an "as is" basis and is accessible on an "as available" basis. XOR uses its best efforts to ensure that the Website is available at all times, regardless of any scheduled maintenance, but cannot guarantee such availability.
   2. XOR does not provide any guarantee, explicit or implicit, on the quality and compatibility of the Website, networks, connections and services provided with the computer equipment used by the Clients and/or Users.
   3. The nature of crypto-currencies may result in an increased risk of fraud or cyber-attack, and means that technological difficulties encountered by XOR may prevent use of or access to the Website.

   ARTICLE 6. LIABILITY

   1. The information and financial data available on the website are provided for information purposes only, even though they have been prepared from sources deemed reliable and serious at the time of publication. The relevant contents are therefore provided, unless explicitly stated otherwise, for informational purposes only and should not be construed as investment advice or as personalized recommendations, investment research or dissemination of financial analysis. XOR therefore disclaims in advance any liability in connection with the use of such content, regardless of the nature of such use, including in the event of financial loss and regardless of the amount of such loss.
   2. Given the French regulations in force, XOR draws the attention of Users and Customers to the risks related to the subscription, purchase, sale and exchange of crypto-currencies. A crypto-currency is not a "*currency*" in the sense of article L. 111-1 of the French Monetary and Financial Code and cannot be qualified as "electronic *currency*" in the sense of article L. 315-1 of the French Monetary and Financial Code. A crypto-currency is generally not considered a financial instrument, which means that its owners cannot benefit from the protection offered by the provisions of Directive 2014/65/EU of the European Parliament and of the Council of May 15, 2014 on markets in financial instruments (MiFID2) and its delegated directive, as transposed into French law, or its implementing regulations. A crypto-currency does not benefit from the deposit guarantee and securities guarantee offered by the *Fonds de Garantie des Dépôts et de Résolution* (FGDR).
   3. Customers and Users understand and agree that XOR is not responsible for: The actions and omissions of other Users; Any content or information presented on the Site, topics, their accuracy, completeness and/or compliance with French law, except in cases where XOR has been duly informed of the existence of an illicit publication ("*illicit publication*") within the meaning of Article 5 of Law No. 2004-575 of June 21, 2004 and has not acted promptly to remove it.
   4. XOR does not warrant that the functions or information on the website will be maintained without interruption, bugs or errors, or that this website or the server on which it is hosted will be free of viruses or harmful components.
   5. In addition, XOR makes no warranty and shall not be liable for any damages or losses relating to (i) the materials and information on the website, the use or the results of the use of the functions of the website, their truthfulness, accuracy, reliability or otherwise, or (ii) the protection of any data or information provided on the website, or (iii) the accessibility and availability of the website and, at the same time, the services.

   ARTICLE 7. INTELLECTUAL PROPERTY

   1. XOR owns all intellectual property rights related to the website and its contents, including, but not limited to, the graphic design, logos, photos, articles and other editorial contents, its system (the catalog, their distribution, etc.), the design of the website and the software used by the website, including trademarks and domain names.
   2. In this respect, unless XOR has given its express prior consent, the Client and/or the User is prohibited from copying, representing, adapting, translating and/or modifying, in part or in full, or transferring to another website any element making up the Website. Failure to comply with this prohibition is likely to constitute an infringement of copyright, for which the author may be held civilly and criminally liable.

   ARTICLE 8. PERSONAL DATA

   1. XOR will collect, use and retain for a period of time certain information relating to Users and Customers, which is categorized by applicable law as "personal data", in particular for the purposes of, but not limited to, providing the Services or improving the content and functions of the Site.
   2. XOR's use of personal data is governed by Regulation (EU) 2016/679 known as the "General Data Protection Regulation*" or "*GDPR "*, implemented on May 25, 2018 and Law No. 2018-493 of June 20, 2018 on the protection of personal data and their implementing decrees.
   3. Users' personal data is collected and processed by XOR as a Data Controller as defined in the GDPR when such Users use the Website and Customers' personal data is collected and processed when creating and using their Customer Accounts.
   4. User data collected during the use of the Website will be stored in the European Union in a technologically secure environment for 13 (thirteen) months from the date the data was collected. Data collected during the creation and use of the Customer Account is kept in the European Union in a technologically secure environment until the Customer Account is deleted. Customer Account data is kept for the duration of the business relationship; at the end of the business relationship, the account is deleted and the data is kept for a period of 6 years in order to take into account applicable statutes of limitation.
   5. In accordance with the regulations, any User or Customer has the right to access, rectify and, in certain cases, oppose the processing, request the limitation of the processing, or the deletion and portability of the data and, where applicable, the deletion of personal data concerning them. In addition, any User or Customer has the right to lodge a complaint with a supervisory authority.
   6. For more information on how personal data is protected during its collection, processing and use, as well as on rights and optional privacy protection measures, Customers and Users may consult XOR's privacy policy.

   SECTION 9. GOVERNING LAW AND JURISDICTION

   The ToS shall be governed by and construed in accordance with French law. Any dispute with a Customer or a User relating to the validity, interpretation or performance of the ToS shall be under the exclusive jurisdiction of the Commercial Court of Paris.