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
"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
"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
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
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.
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.
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.
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.
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.
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
When using the Site, Clients and/or Users undertake not to :
provide misleading and/or false or defamatory information and data
- disrupt the proper functioning of the website
provide viruses or any other technology that may harm XOR or the
interests or property of the users of the website
use bots, scraping or any other automated process to access the
website's features without being authorized to do so
export or re-export any XOR application or tool without XOR's
prior, express, consent
copy, modify or distribute the content of the website and
trademarks without the prior, express and explicit consent of XOR
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
commercialize a solution developed by XOR or software or
information related to this application
- impersonate any other person
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
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.
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
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.
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
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
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.
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).
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.
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
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
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.
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
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.
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.
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.
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
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.
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
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.