XEN Network Terms of Use v0.1 (Dec 14, 2022).

Current version of this document is available at: https://xen.network/terms.

WARNING: Advanced/experimental technology! Users are strongly encouraged to do their own research before proceeding.

XEN Network reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

Definitions

"XEN Network", “We” refer to Xen World LLC and any website, product, API, or service owned and/or operated by Xen World LLC and/or its affiliates, and excludes its shareholders, owners, or operators.

"Blockchain" refers to a decentralized peer-to-peer network of computers (“Nodes”) running specialized software (“Node software”) providing storage and retrieval of information according to a predefined set of rules (a “Protocol”). The said information is commonly referred to as Blockchain “State” or “Global State”. Given their form as a network of collaborating Nodes, Blockchains are frequently referred to as “Networks”. When used in the context of the document, terms Blockchain and Network could be used interchangeably, excluding the term “XEN Network”.

“Ethereum” refers to a Blockchain running Node software developed in accordance with Ethereum Protocol (developed by and distributed by Ethereum Foundation).

“Address”, as related to a Blockchain, refers to a unique number (sometimes represented by a hex-formatted string) that is used to identify an account (a user-owned or internal to the Blockchain) which can be used to store and access information on the Blockchain. Address is typically derived by ways of cryptographic transformation of a public key, which, in turn, is derived from a private key known only to its owner. (Private and public keys are common terms related to asymmetric keys cryptography).

“Transaction”, as related to a Blockchain, refers to a digital message, constructed and formatted in a certain way as per Blockchain’ RPC (Remote Procedure Call) Protocol, which is cryptographically signed by the user's private key. Transactions are send to, distributed between Blockchain Nodes via peer-to-peer decentralized networks, and executed by Nodes in order to change Blockchain State.

“Wallet” or “Crypto Wallet”, as related to a Blockchain, refers to a class of software products (implemented as mobile apps, web apps, browser extensions, USB keys, etc.) that are used to store users’ private keys and sign transaction, other messages or any arbitrary data, as directed by user via UI and/or peripheral device(s). Wallet is typically protected by a pass-, seed or recovery phrase (a source of digital randomness or entropy) which is used to deterministically generate a number of accounts (private-public key pairs) with associated Addresses.

“Smart Contract” refers to a set of information stored in Blockchain State, along with the executable code that allows to change the State via incoming Transactions and read the State according to the [Smart Contract] Protocol. In the case of Ethereum and Ethereum-compatible Blockchains, the said code is run in a virtual compute environment called EVM (Ethereum Virtual Machine). Smart Contract Protocol is commonly made available to developers and users in a form of ABI (Application Binary Interface).

“DApp” (decentralized app) refers to a website, web app or mobile app that uses Blockchain (fully or partially) to store and access user information instead of a centralized database. XEN Network web app hosted at https://xen,network is a DApp.

“Coin” or “Native Coin”, as related to a Blockchain, refers to a unit of exchange created and supported by a Blockchain and held by its users. Primary function of any Blockchain is to transfer Coins from a user to another user. Coins of public Blockchains typically have names, e.g. Native Coin of Ethereum Blockchain is called ‘ether’.

“Testnet” refers to a test version (or versions) of a Blockchain which is usually a community-operated resource, typically run by Blockchain developers, backers and other enthusiasts. It mirrors main production Network (‘mainnet’) functionality except that it uses a ‘test’ version of Blockchain Native Coin. Testnet Coin is usually provided by ‘faucets’, web services where developers and test users can request a small amount of test Coin (usually in exchange for social network sharing, registration, etc.).

“Gas”, as related to a Blockchain (specifically Ethereum-compatible one), refers to a Blockchain resource-metering unit (‘cost’ of storage access and data compute). It’s necessary to prevent abuse of finite public resources provided by a Blockchain. ‘Cost’ of certain Blockchain operations (in gas units) is set by Blockchain Protocol. Every transaction submitted to Blockchain bears a certain gas amount due to process the transaction. Gas ‘price’ is nominated in Blockchain’s Native Coin and most frequently is set by the Blockchain algorithmically based on balancing of supply and demand (new pending transactions vs. Blockchain’s throughput). Gas ‘price’ is paid by the user submitting a transaction via the Blockchain deducting the due Transaction ‘cost’ (gas amount multiplied by gas ‘price) from the current user's Blockchain account holding Native Coins. In case of insufficient amount of Coins in the user's account to cover Transaction ‘cost’, Transaction is rejected by the Network.

“Token”, as related to Blockchain, refers to certain classes of Smart Contracts that can create (or “Mint”), transfer and destroy (or “Burn”) account records associated with user Address (or Addresses). Such records or Tokens could be ascribed any meaning and could represent anything as commonly agreed by the user base of the Smart Contract. In Ethereum-compatible blockchains there are several most common classes of Tokens designated by their respective interfaces and protocols - ERC-20 (or “Fungible Token”), ERC-721 (“Non-Fungible Token” or “NFT”) and ERC-1155 (“Semi-Fungible Token”). Property of fungibility in this context refers to the ability of two tokens to be indistinguishable from each other and therefore to be totally interchangeable.

“Web3”, “Web 3.0” refers colloquially to Blockchains, Blockchain Protocols, websites, and applications that interact with Blockchains and other types of decentralized databases and networks.

"You", "Your" refer to you, an individual who interacts with XEN Network.

NOTE: The “ ‘cost’ ” and “ ‘price’ ” terms (non-capitalized, used in text inside single quotes) are used throughout this document in an abstract manner and refer to a subjective ‘value’ of respective Blockchain-related concepts (Gas, Coin, Token, etc.) ascribed to these concepts by their Blockchain users. This subjective ‘value’ might have or might not have respective interpretation and/or denomination in terms of real-world legal tenders (currencies) or other assets.

Usage

XEN Network allows you to interact with certain Smart Contracts deployed on Ethereum (or ‘Mainnet’) and other Ethereum-compatible Blockchains (“XEN Smart Contracts”) via interfaces and protocols provided by Ethereum and other respective Blockchains. Please note that due to the public nature of the Blockchains and Smart Contracts, other websites, apps, providers and computer scripts and tools can provide the same access and interaction with XEN Smart Contracts. XEN Network's main website (web app) is hosted on https://xen.network domain. XEN Network can also provide one or more testnet versions, hosted on https://testnet5.xen.network and other domains, as the case might be.

XEN Network provides the following core functions for its users:

Connection to one or several supported Blockchain transactional interfaces (RPCs) via supported Wallets (installed as browser extensions or separate apps or implemented as hardware wallets (USB sticks, etc.),
Display the current State of XEN Smart Contracts (parameters, counters, statistics, etc.),
Provide UI controls (form fields and buttons) to input and validate various parameters of transactions allowed by XEN Smart Contracts interfaces,
Provide interfaces with other software components (Wallets, Blockchains’ RPC interfaces) to facilitate transactions signature by the user and their submission to the selected Blockchain for execution.

XEN Network can provide the auxiliary functions and resources for its users, including but not limited to:

General information about Blockchains where XEN Smart Contracts are deployed (or will be deployed),
Educational information on essential concepts of Blockchain, such as Wallets, Addresses, Transactions, Smart Contracts, etc.,
Online helper UI elements (tooltips, etc.) explaining the concepts or parameters and their domains (min/max values),
References to XEN Smart Contracts descriptions (“Lite Papers”),
Current connection status of Blockchain RPC interfaces,
Other Blockchain-related data provided by select 3rd party providers,
Information about new and upcoming developments of XEN Network, including the expected time of deployment of current or new XEN Smart Contract(s) on particular Blockchains,
Link to social resources provided by XEN Network and/or its community

Before using XEN Network and / or interacting with XEN Smart Contracts, you are strongly advised to familiarize yourself with the functionality of the said Smart Contracts by reading their respective Lite Papers. Users should be aware that for a variety of reasons XEN Network web app can stop operating on the https://xen,network domain for a limited or unlimited period of time. In such cases XEN Network and its community shall endeavor all reasonable efforts to inform Users about such an event and suggest alternate web app location(s), either temporary or permanent. Users should be aware that Internet access to https://xen.network domain from certain territories or IP addresses or operator networks could be limited / blocked at any time for a limited or unlimited amount of time, and such actions / events are fully outside of scope of control or influence for XEN Network. In such cases Users are advised to look for alternative access methods, including using VPN services or use alternate web apps.

Users

XEN Network website is a DApp (decentralized app), and as such does not have or provide any database where user accounts or other user-related information is stored. It could be described as the thinnest possible UI (user interface) layer between you and XEN Smart Contracts deployed on Blockchains. Accordingly, there’s no concept of User account within the realm of XEN Network. We don’t collect / store / process / transfer or otherwise deal with any information related to you. XEN Network doesn’t have access to User Wallet(s) and sensitive information contained in it (pass phrase, private key(s)), except as per standardized Wallet interfaces (Call, SignTransaction, SignMessage, SendRawTransaction, etc.). The only information exposed by the Wallet to XEN Network is the currently active User account (you could have a number of accounts in the Wallet, but only one is typically selected as ‘current’ account – submitted transactions will be signed by the private key corresponding to that account).

XEN Smart Contracts

XEN Smart Contracts are developed and deployed by XEN Network on supported Blockchains. They provide functionality as described by their respective Lite Papers or White Papers (the latter assumes more in-depth, technical description). For Ethereum Blockchain XEN Smart Contracts are written in Solidity language. XEN Smart Contracts have open code and are published under permissive MIT open-source license. Code could be accessed on GitHub public repo at https://github.com/FairCrypto/XEN-crypto. The Community of Users is encouraged to scrutinize the code, look for logical errors, bugs, discrepancies between the code and logic described in Lite Papers, and edge cases and suggest changes to the XEN Smart Contracts that are currently under development, and to immediately report / make public any such discoveries. All XEN Smart Contracts feature the same principles, including but not limited to:

No admin/management keys, or special accounts*,
No backdoors,
No whitelists / blacklists,
No privileges for founders / creators / developers,
No initial allocation of resources (Tokens or similar),
No treasury accounts (XEN Smart Contracts don’t hold Tokens that they issue),
Immutable, non-upgradeable, non-pausable code.

* - except for a limited amount of one-off maintenance tasks, like setting up a Trusted Forwarder contract

The consequence of following these principles, especially the last one, is that once the contracts are deployed on the target Blockchain(s), their code cannot be changed. This means (on the positive side) that no-one can interfere in Contracts’ operation once they are deployed - not developers or admins or anyone. All State change after deployment is via designed and documented Contract Protocol. This also means (on the negative side) that in case a flaw/bug/exploit is discovered in the Contract’s code it could have devastating effects as to the information stored in the XEN Smart Contract State, without any direct mitigation possibilities. That’s the calculated risk taken by XEN Network, which all Users should be aware of. In order to minimize the possibility of such an event, in addition to publicly-open source code, XEN Smart Contracts code is subjected to rigorous audit by one or several of the global leaders in the subject matter. All steps and results of the audit are made public for all Users and other interested parties. XEN Network Users are strongly encouraged to do their own research before using XEN Network web app and/or interacting with XEN Smart Contracts.

Asynchronous Nature and Other Important Properties of Blockchains

The public, decentralized and therefore generally unrestricted access to storing and reading data to and from Blockchains comes with a lot of advantages as compared to centralized, owned, controlled and regulated databases of Web 1.0 and Web 2.0 epochs. One of the most important property of Blockchains is their highly asynchronous nature, meaning that the time interval from the moment of clicking ‘Submit’ / ‘Send’ Transaction button on User’s Wallet and to the moment this Transaction is recorded on the Blockchain could not be predicted, and could be anything from the selected Blockchain’s block time (regular interval between blocks of transactions) and up to hours and days of waiting for the Transaction to be validated, approved, included in Blockchain’s block and the Blockchain State to be changed accordingly. Factors that could potentially delay User’s Transaction include but are not limited to the following:

General Internet outages, where Transaction cannot be submitted to Blockchain RPC or relayed to the Blockchain Nodes,
Blockchain RPC(s) being busy/unresponsive/down,
Blockchain itself could be temporarily congested (more Transactions are submitted by Users than blocks can fit),
Transaction is underpriced (in that case though it could be part of the Blockchain internal mempool, Nodes would be preferring and picking up Transactions with better economic rewards for them),

Such situations could have adverse effects with regards to User expectations and intentions. Typical examples involve competition for a popular scarce resource (e.g. a Token or other item), where a lot of Users submit their Transactions to a Smart Contract which allocates this scarce resource. In extreme cases this leads to situations known as ‘gas wars’ where due to market-driven nature of Gas ‘pricing’, Gas ‘price’ goes up, potentially by several orders of magnitude, causing Users to allocate more for the same amount of Gas as in regular circumstances. Since any Blockchain is a shared public resource, situations like that could be used by spikes of interest to any resource(s) deployed on the Blockchain, which could affect users of all resources. Another class of potentially disruptive situations stem from the ability of [some of the] Blockchains to fork. Forking occurs when different groups of Blockchain Nodes could disagree on the next State of the Blockchain, after the new block is approved. Albeit being rare, these situations do happen from time to time. Blockchain Nodes have strong economic incentives to support the version backed by the majority of the Nodes (the longest fork), however a User could find themselves where their transaction was included in the ‘minority’ version of the Blockchain and therefore will be eventually abandoned by the Blockchain in an event called ‘reorganization’ (‘reorg’).

Users are advised that situations similar to the described above are inherent to the Blockchains and are outside of direct or indirect control or influence of XEN Network.

Users are encouraged to take into account the described specific properties of Blockchains before interacting with XEN Network and/or XEN Smart Contracts.

Third Parties

Apart from Blockchain and its Nodes, XEN Network operation relies on several critical and auxiliary service providers (“Third Parties”), including but not limited to:

Registrar of domain ‘XEN network’ and others used by XEN Network (e.g. Amazon, Google, GoDaddy, etc.),
Hosting provider of https://xen,network web app (e.g. Amazon, Vercel, etc.),
RPC Interface providers for each Blockchain (e.g. Infura, Alchemy, QuickNode, etc.),
User Wallets (e.g. MetaMask, Rainbow, Trust, Coinbase Wallet, Ledger, etc.),
Wallet connectors (middleware between the web app/native app and the Wallet app) (e.g. WalletConnect),
Generally-available operational analytics / logging platforms (Google Analytics, MixPanel, Sentry, etc.).

XEN Network takes reasonable measures to avoid excessive dependency on Third Parties in general and to have backup plans in case of Third Parties’ outages, however it is beyond reasonable to eliminate dependencies altogether.

Users are advised that XEN Network cannot guarantee general availability or any of service levels, performance metrics, expectations, etc. due to its reliance on Third Parties.

Users are advised to take that information into consideration before interacting with XEN Network and/or XEN Smart Contracts.

Alternative Frontends

XEN Network’s mission is to be the place to go when it comes to interaction with XEN Smart Contract, however, XEN Network acknowledges that other parties could provide the similar access. Since all details related to XEN Smart Contracts are open to the public, nothing prevents any developer from building and launching an alternate frontend (website, web app or native app). While XEN Network doesn’t directly endorse any such endeavor, they could potentially help XEN Network community of Users in case original XEN Network frontend connectivity is temporarily adversely impacted. As an example (not an endorsement), popular Ethereum Blockchain trackers such as Etherscan provide the ability to read from Smart Contracts and call their interface directly via built-in tool (provided the Smart Contract code is loaded and verified).

Users should be advised that in any case of having to use an alternate frontend, they have to take extreme precaution to verify that the addresses that their transactions are being directed to are in fact the original ones of XEN Smart Contracts. In case of doubt Users are encouraged to reach out to XEN Network staff or community for such verification.

In no case XEN Network could be responsible or held liable for the actions of any Third Party, including any alternative frontends.

Illegal Use and Abuse

The following actions are not permitted by XEN Network Users:

Preventing Transactions submitted by XEN Network Users from reaching designated Blockchain network Nodes,
Disrupting the operation of official XEN Network web properties, including but not limited to subjecting them to DDoS attacks, etc.,
Changing the code of official XEN Network website / web app / native apps, as the case might be, fully or partially,
Engage in activity directed at theft, disclosure or any other illegal use of any of the Users’ private information, including but not limited to Wallet pass-phrase, Wallet password, private key, or any of the personal identifiable information (PII) protected by the laws of United States or User country of residence,
Infringe copyrights held by XEN Network and/or its affiliates,
Assaulting in any way any of XEN Network staff, officers, shareholders, owners, operators, community members,
Use XEN Network and XEN Smart Contracts for activity directed at sponsoring terrorist activities and terrorism, as well as money laundering,
Perform any other action(s) that are illegal and/or violates any United States laws, or laws of the User’s country of residence,

Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless XEN Network, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “XEN Network Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Tokens, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify XEN Network of any Claims and cooperate with the XEN Network Parties in defending such Claims. You further agree that the XEN Network Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND XEN NETWORK.

Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND XEN NETWORK EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. XEN NETWORK (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. XEN Network DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. XEN NETWORK WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE XEN NETWORK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, XEN NETWORK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE XEN NETWORK PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD XEN NETWORK RESPONSIBLE FOR ANY BREACH OF SECURITY. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS. TOKENS AND NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). XEN NETWORK AND/OR ANY OTHER XEN NETWORK PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. NO XEN NETWORK PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO XEN NETWORK PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL XEN Network OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF XEN Network OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF XEN Network ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY XEN NETWORK PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY XEN NETWORK FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Miscellaneous

These Terms constitute the entire agreement between you and XEN Network relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of XEN Network, and XEN Network’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.

The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and XEN Network agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

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