📃Terms of Use

Last Updated: December 24, 2024

This website-hosted user interface (the "Interface") serves as a frontend portal to the waveX protocol (the "Protocol"), a decentralized, community-driven blockchain-based system and associated tools. The Interface is made available by APEXION TECHNOLOGY PTE. LTD. (referred to as "waveX," "we," "us," "our," or "the Company"). Please note that all transactions facilitated through the Protocol occur on a permissionless blockchain outside our direct control. Because the Protocol is publicly accessible, you may encounter various third-party interfaces that also enable interactions with it.

These Terms of Use, together with any documents or terms incorporated by reference (collectively, the "Terms"), govern your access to and use of the Interface. By accessing or using the Interface, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using both the Interface and the Protocol.

For the purposes of these Terms, "you," "your," or "user(s)" refers to any individual or entity accessing or using the Interface. If you are acting on behalf of an organization, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, "you," "your," or "user(s)" shall refer to that entity.

IMPORTANT NOTE: YOUR USE OF THE INTERFACE AND THE PROTOCOL IS AT YOUR OWN RISK.

1. Eligibility

General Requirements: You may not use the Interface if such use is unlawful or otherwise prohibited by these Terms or any applicable laws and regulations. It is your responsibility to ensure that your use of the Interface complies with all applicable requirements in your jurisdiction.

Legal Compliance: By using the Interface, you represent and warrant that you are not subject to any economic sanctions or named on any list of prohibited or restricted parties, including those maintained by the United Nations Security Council, the European Union or its Member States, or any other governmental authority. You agree not to use the Interface in any jurisdiction or under any circumstances that would violate, or facilitate the violation of, any applicable laws or regulations.

Restricted Jurisdictions: Without limiting the foregoing, the Interface may not be accessed or used by individuals or entities located in, established in, or residents of countries or regions subject to comprehensive economic sanctions or similar restrictions, including, without limitation, the United States, the People’s Republic of China, Singapore, Myanmar (Burma), Côte d’Ivoire (Ivory Coast), Cuba, Crimea and Sevastopol, the Democratic Republic of Congo, Iran, Iraq, Libya, Mali, Nicaragua, the Democratic People’s Republic of Korea (North Korea), Somalia, Sudan, Syria, Yemen, Zimbabwe, or any other jurisdiction subject to restrictions under U.S., U.K., or EU laws. You must not use any means, including but not limited to virtual private networks (VPNs), proxies, or other technologies, to circumvent these restrictions.

No Unauthorized Offers or Solicitations: The Interface and the Company’s related services do not constitute, and may not be used as, an offer or solicitation in any jurisdiction where such offers or solicitations are not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. We reserve the right, in our sole and absolute discretion, to restrict or refuse access to the Interface at any time and for any reason.

2. Risks and Disclaimers

Market and Volatility Risks: The digital asset markets, including those for perpetual contracts, are highly volatile and unpredictable. Prices may fluctuate significantly, and you may experience partial or total losses of the digital assets you trade. By using the Interface, you fully accept and assume these market risks.

Blockchain and Smart Contract Risks: The Interface enables interactions with the Protocol, which operates on decentralized blockchain networks and smart contracts. These technologies may contain bugs, vulnerabilities, or be subject to hacks, exploits, and other security risks. waveX disclaims any liability for losses or damages resulting from such technological issues or from the inherent risks of decentralized systems.

Regulatory and Legal Uncertainty: Laws and regulations governing digital assets, decentralized finance (“DeFi”), and related activities are evolving and uncertain. Changes in applicable laws, regulatory actions, or interpretations thereof may affect your ability to use the Interface or engage in certain activities. You are solely responsible for staying informed about, and complying with, all legal and regulatory obligations that apply to you.

No Professional Advice: Any content or information provided through the Interface is for informational purposes only and does not constitute investment, financial, legal, tax, or other professional advice. Before making any financial decisions, you should conduct your own due diligence and consult independent advisors where appropriate.

No Custody or Control: waveX does not hold, store, or otherwise control your digital assets or private keys. You are solely responsible for securing your private keys and any digital assets associated with them. If you lose access to your private keys, the Company cannot recover them or any associated assets. The Company shall not be liable for any losses arising from your failure to secure your private keys or digital assets.

"As Is" and "As Available": The Interface is provided on an "as is" and "as available" basis without any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or non-infringement. We do not guarantee that the Interface or any content provided will be error-free, uninterrupted, or free of harmful components.

Third-Party Resources: The Interface may reference or link to third-party websites, applications, or resources that we do not own, control, or endorse. Any interaction with such third parties is at your own risk, and we assume no responsibility for their content, offerings, or conduct. You agree that waveX shall not be liable for any losses or damages arising from your reliance on or use of any third-party resources.

Assumption of Risk: By accessing and using the Interface, you represent that you understand the inherent risks associated with decentralized protocols, cryptographic and blockchain-based systems, and the digital asset markets, including extreme volatility, limited liquidity, regulatory uncertainty, and potential increases in transaction costs or delays. You agree to assume full responsibility for all such risks.

Data and Information: While waveX attempts to provide accurate information, we do not guarantee the timeliness, completeness, or accuracy of any data, prices, or other content available on the Interface or the Protocol.

3. Data Collection

The Interface does not collect personal data, and your interaction with the Protocol will occur solely through your public digital wallet address. Any personal or other data that you may make available in connection with the Protocol may not be private or secure.

4. User Obligations and Prohibited Activities

Tax and Compliance: You are solely responsible for determining, reporting, and paying any taxes owed in connection with your use of the Interface. waveX does not provide tax, legal, or accounting advice, and you should seek professional guidance as needed.

Prohibited Activities: You agree not to engage in, or attempt to engage in, any of the following activities in connection with your access to or use of the Interface:

• Intellectual Property Infringement: Engaging in any activity that infringes upon or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or any other proprietary or intellectual property right under applicable law.

• Cyberattacks: Undertaking any activity that disrupts or compromises the integrity, security, or proper functioning of any computer system, server, network, personal device, or other information technology resource. This includes, but is not limited to, the introduction or deployment of viruses, malware, or denial-of-service attacks.

• Fraud and Misrepresentation: Engaging in any conduct intended to defraud waveX or any other person or entity, including but not limited to providing false, inaccurate, or misleading information in an attempt to unlawfully obtain another party’s property.

• Market Manipulation: Participating in any activity that violates applicable laws, rules, or regulations governing the integrity of trading markets. This includes, but is not limited to, manipulative tactics such as spoofing or wash trading.

• Other Unlawful Conduct: Engaging in any behavior that violates any applicable law, rule, or regulation.

5. Limitation of Liability

To the fullest extent permitted by law, under no circumstances shall waveX, its officers, directors, employees, contractors, agents, affiliates, or subsidiaries (collectively, the “waveX Parties”) be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages. This includes, without limitation, damages for loss of profits, goodwill, use, data, or other intangible property arising out of or related to your access to or use of (or inability to access or use) the Interface, regardless of the legal theory under which such liability is asserted (whether based in contract, tort, negligence, strict liability, or any other legal or equitable theory), and even if the waveX Parties have been advised of the possibility of such damages.

Without limiting the foregoing, the waveX Parties assume no liability or responsibility for: (a) errors, mistakes, or inaccuracies in any content made available through the Interface; (b) personal injury or property damage of any nature whatsoever resulting from your access to or use of the Interface; (c) any unauthorized access to or use of our servers or databases, or any information stored therein; (d) any interruption or cessation of functionality related to the Interface; (e) any bugs, viruses, trojan horses, or other harmful code that may be transmitted to or through the Interface; (f) any errors or omissions in any content, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Interface; or (g) the defamatory, offensive, or illegal conduct of any third party.

To the fullest extent permitted by law, under no circumstances shall the waveX Parties be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the lesser of: (i) the total amount you paid to waveX (if any) for access to and use of the Interface during the twelve (12) months immediately preceding the event giving rise to such liability, or (ii) one hundred U.S. dollars (USD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations and exclusions may not apply to you. In such jurisdictions, the liability of the waveX Parties shall be limited to the fullest extent permitted by law.

6. Indemnification

Your Duty to Indemnify:

You agree to indemnify, defend, and hold harmless waveX, its parents, subsidiaries, affiliates, and their respective officers, directors, shareholders, members, employees, attorneys, agents, contractors, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to:

(a) your access to or use of the Interface;

(b) any breach by you of these Terms or any representations, warranties, or covenants made by you herein;

(c) your violation of any applicable law, rule, or regulation, or the rights of any third party (including, without limitation, intellectual property, privacy, or proprietary rights);

(d) any user content or information you provide to waveX or through the Interface; or

(e) any other acts or omissions by you.

You agree that your indemnification obligations apply even if such claims, demands, actions, or liabilities arise from the negligence, partial fault, or strict liability of any Indemnified Party, to the fullest extent permitted by applicable law.

Cooperation and Control:

In the event that you are obligated to indemnify any Indemnified Party, waveX (or, at its sole option, the applicable Indemnified Party) shall have the right to control the defense, settlement, or resolution of any such claim, action, or proceeding, including the selection of counsel and the determination of whether to settle and on what terms. You shall fully cooperate with waveX and its counsel in the defense thereof. Under no circumstances shall you settle any claim without waveX’s prior written consent, which may be withheld in its sole discretion.

7. Intellectual Property

Ownership: All trademarks, logos, content, and other intellectual property displayed on the Interface are the property of waveX or its licensors, except for any open-source software or content attributed to third parties.

Limited License: waveX grants you a limited, non-exclusive, non-transferable license to access and use the Interface in accordance with these Terms. This license does not grant you any right to copy, modify, distribute, or create derivative works from the Interface’s content without our express permission.

User-Generated Content: If you provide feedback or suggestions, you grant waveX a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use such feedback for any purpose.

8. Modification, Suspension, and Termination

Right to Modify or Suspend

waveX may, at its sole discretion and at any time, modify, suspend, or discontinue any aspect of the Interface (in whole or in part), either temporarily or permanently, with or without notice and for any reason or no reason at all. This may include, but is not limited to, restricting certain functionalities, blocking access from specific jurisdictions, disabling features, or ceasing operations entirely.

Termination of Access

Upon any termination or suspension of your right to access or use the Interface, whether initiated by waveX or by you, all rights and licenses granted to you under these Terms shall immediately cease. You remain bound by any obligations incurred prior to such termination, including indemnification and payment obligations.

Survival of Terms

Any provisions of these Terms that, by their nature, should survive termination (including, but not limited to, disclaimers, limitations of liability, indemnification obligations, arbitration agreements, and governing law provisions) will continue in full force and effect even after your access to the Interface ends, regardless of the reason for termination.

9. Modifications to the Terms

Right to Amend: waveX may modify these Terms at any time by posting the revised Terms on the Platform, along with an updated “Last Updated” date. Your continued use of the Platform after any modifications constitutes your acceptance of the revised Terms.

Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

10. Dispute Resolution, Arbitration, and Class Action Waiver

Governing Law

These Terms, and any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Interface (including any question regarding the existence, validity, breach, termination, or enforceability of these Terms), shall be governed by and construed in accordance with the laws of Singapore, without regard to conflict-of-law principles. You agree that the laws of Singapore shall govern your use of the Interface, and you irrevocably submit to the exclusive jurisdiction and venue of arbitration in Singapore, as set forth below.

Arbitration

Any claim or dispute arising out of or relating to these Terms or your use of the Interface, including the determination of the scope or applicability of this arbitration agreement, shall be exclusively and finally resolved by binding arbitration administered by a recognized arbitration institution in Singapore. The arbitration shall be conducted in English before a single arbitrator who is knowledgeable in blockchain, digital assets, and related technologies. The arbitrator’s decision shall be final and binding on all parties, and may be entered as a judgment in any court of competent jurisdiction. By agreeing to these Terms, you expressly waive any right to a trial by judge or jury and agree that the arbitrator—not any federal, state, provincial, territorial, or local court—shall have exclusive authority to resolve all disputes covered by this Section. Except as may be required by applicable law, you agree that the arbitration proceedings and any outcome, including the award, shall be kept strictly confidential.

Opt-Out Right

You may opt out of the arbitration provisions in this Section by delivering a written notice of your decision to opt out to waveX through its official communication channels within thirty (30) days of first agreeing to these Terms. Your notice must include your full legal name, mailing address, and an unequivocal statement that you wish to opt out of arbitration. If you opt out of arbitration, all other provisions of these Terms shall remain in full force and effect. Opting out of arbitration will not affect any other terms, including choice of law, venue, or jury trial waiver. If no such notice is delivered within the thirty (30)-day period, you shall be deemed to have irrevocably waived your right to opt out and be bound by the arbitration provisions in these Terms.

Class Action Waiver

To the fullest extent permitted by applicable law, all claims must be brought solely on an individual basis, and not as a plaintiff, representative, or class member in any class, collective, private attorney general, or representative proceeding. You expressly waive your right to participate in any such class, collective, or representative action. If this class action waiver is deemed unenforceable, any claim must proceed on an individual basis and all class claims shall be severed and litigated separately in a court of competent jurisdiction, while individual claims remain subject to arbitration.

Equitable Relief

Nothing in these Terms shall prevent waveX from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property or proprietary rights, or to enforce its rights concerning confidentiality, data security, or any other matter where injunctive relief may be appropriate. Further, to the extent that your claims are eligible to be brought in small claims court, nothing in these Terms shall prevent you from bringing such claims solely on an individual (non-class) basis.

11. Contact Us

If you have any questions, concerns, or feedback regarding these Terms or the Platform, please contact waveX through its official communication channels.