Terms of Use

You should read these Terms because they contain our legal commitments to you and a number of DOs and DON’Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you are automatically deemed to agree to accept and be legally bound by these Terms. For the avoidance of doubt if you do not agree with the Terms, you should not proceed to access or use our Services.

You should also read our Privacy Policy. The Privacy Policy explains how we use your personal data.

We can update and change these Terms from time to time and the most current version of these Terms will be posted onto the website.

We suggest all users regularly check the terms on the website. Any changes will be posted here. You can print and save a copy of these Terms for your future reference.

By continuing to use the Services you will be deemed to have accepted the Terms as varied from time to time.

Xsynth is a decentralized social Web3 peer to peer (P2P) Predictive Market platform.

An application that can be deployed and executed on Binance Smartchain (BNB)

Using the Xsynth desktop application (hereinafter the “App”), users can easily access the description of Xsynth as well as Token Contract addresses are available on the website Site https://xsynth.io (hereinafter the “Site”). The Smart Contracts and the App are collectively referred to in these Terms as the “Platform”. Xsynth Ltd (“Xsynth”, “we”, “our” or “us”) is making the Platform available to you. Before you use the Platform or the Site, however, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these “Terms”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, THE SMART CONTRACTS, OR THE SITE. THESE TERMS GOVERN YOUR USE OF THE APP, THE SMART CONTRACTS, AND THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APP, THE SMART CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE SMART CONTRACTS, THE SITE, OR ANY PART OF THEM, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE APP, THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP, THE SMART CONTRACTS, OR THE SITE.

To use the App, you will need to have a recent operating system. You will also require an electronic wallet to be able to transfer an amount of cryptocurrency of the selected network to the electronic wallet of the App. You acknowledge that you have the full responsibility to select an amount of cryptocurrency that you can afford, knowing that you might lose this amount as a result of bets that you will place and possibly lose.

Transactions that take place on the App are managed by Xsynth Smart Contracts and confirmed via the blockchain of the selected Binance Smartchain (BNB) and BNB-compatible network. You understand that the address of the electronic wallet used by the App will be made publicly visible whenever you engage in a transaction on the App.

Xsynth neither own nor control the Binance Smartchain (BNB) and BNB-compatible networks, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to transfer cryptocurrency to the electronic wallet of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

Xsynth is a decentralized application; only you and the App installed on your device have access to the private key of the electronic wallet used by the App. Therefore, we cannot recover your funds or freeze your electronic wallet, or help in any other way, in case you lose your private key or in case a third-party gains control of your private key using phishing or any other malicious technique or technology. You are solely responsible for the security of the electronic wallet used by the App.

The Smart Contracts

Any user with the necessary technical knowledge can deploy their own instances of Xsynth Smart Contracts on Binance Smartchain (BNB) and BNB-compatible network of their choice. The Smart Contracts might be configured to withhold a commission for the use of their functionality. It is strongly recommended that you use the App to check the commission rate of the selected Xsynth instance before you place any bets.

In case you deploy your own instances of Xsynth Smart Contracts, including the case of deployment using the services and support of the Xsynth Team, you acknowledge that you are solely and fully responsible for compliance with the laws that might apply. If the applicable law requires certification of the source code or any other action on the side of the Xsynth Team, then you are not allowed to deploy the corresponding Xsynth Smart Contracts. In case applicable law changes after the deployment of your Smart Contract instances and imposes new requirements for certification of the source code or any other action on the side of the Xsynth Team, then you should immediately disable the Smart Contracts using the functionality they embed for this purpose.

We neither own nor control any instance of Xsynth Smart Contracts deployed on Binance Smartchain (BNB) and BNB-compatible networks. We will not be liable for the acts or omissions of any third parties that deployed Chanc Xsynth Smart Contracts, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties and their Smart Contract instances.

You acknowledge and agree that users who deployed the Smart Contract instances that you use directly or via the App, might, at their discretion, cancel any bets that you placed. In such a case, the Smart Contracts will allow you to get a refund of your stake.

Ownership and Obligations

Ownership

Xsynth Team owns the Platform and the Site. You acknowledge and agree that Xsynth Team (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Platform and the Site, and all intellectual property rights therein (including, without limitation, all art, designs, systems, methods, information, computer code, software, services, “look and feel”, organisation, compilation of the content, code, data, and all other elements of the Platform and the Site (collectively, the “Xsynth Materials”). You acknowledge that the Xsynth Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.

All Xsynth Materials are the copyrighted property of Xsynth Team or its licensors, and all trademarks, service marks, and trade names associated with the Platform and the Site, or otherwise contained in the Xsynth Materials are proprietary to Xsynth Team or its licensors. Except as expressly set forth herein, your use of the Platform or the Site does not grant you ownership of or any other rights with respect to any content, code, data, or other Xsynth Materials that you may access on or through the Platform and the Site. We reserve all rights in and to the Xsynth Materials that are not expressly granted to you in these Terms. For the sake of clarity, you understand and agree:

• that the deployment of your Smart Contract instances, whether via the App or otherwise, does not give you any rights or licenses in or to the Xsynth Materials other than those expressly contained in these Terms;
• that you do not have the right, except as otherwise set forth in these Terms, to modify, reproduce, distribute, or otherwise commercialize any elements of the Xsynth Materials without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion;
• that you will not apply for, register, or otherwise use or attempt to use any Xsynth Team trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.

Feedback

You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

Your Obligations

You agree that you are responsible for your own conduct while accessing or using the Platform, and for any consequences thereof. You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to:

1. send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
2. distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
3. impersonate another person (via the use of a nickname or otherwise);
4. upload, post, transmit or otherwise make available through the Platform any content that infringes the intellectual proprietary rights of any party;
5. use the Platform to violate the legal rights (such as rights of privacy and publicity) of others;
6. engage in, promote, or encourage illegal activity (including, without limitation, money laundering);
7. interfere with other users’ enjoyment of the Platform;
8. exploit the Platform for any unauthorized commercial purpose;
9. modify, adapt or translate any part of the Platform, or reverse engineer any portion of the App;
10. remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
11. reformat or frame any portion of the Platform;
12. use the Platform to display any content on the App that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
13. use the Platform to collect information about its users for any unauthorized purpose;
14. create multiple electronic wallet addresses for the sole purpose of tampering the reputation voting results of a deployed Xsynth instance;
15. access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.

Fees And Payment

1. Binance Smartchain (BNB) and BNB-compatible networks require the payment of a transaction fee (a “Gas Fee”) in the corresponding cryptocurrency for every transaction that occurs on the network. The Gas Fee funds the network of computers that run the decentralized network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
2. In addition to the Gas Fee, each time you settle a bet that you won, the corresponding Smart Contract instance might charge a commission, the rate of which was defined by the user who deployed the instance. You acknowledge and agree that the Commission will be transferred directly to the user who deployed the Smart Contract instance or to the electronic wallet addresses chosen by that user.
3. You acknowledge and agree that in the near future, Xsynth Team might amend the code of the Smart Contracts to include a commission whenever users or owners of deployed Smart Contract instances withdraw cryptocurrency from the Smart Contract instances to their electronic wallets. This commission will act as a license fee for the use of the Platform. Any such change will be clearly communicated, and the exact commission rate will be available inside the App.
4. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Platform.

Termination

You may terminate these Terms at any time by discontinuing your access to and use of the Platform and any deployed instances of its components. You will not receive any refund, if you disable any Smart Contract instances that you deployed, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate any further development of the Platform. You agree that any such suspension or termination may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination.

Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to the Platform and any deployed instances of its components, except for withdrawing your funds from the Smart Contract instances that you previously used.

DISCLAIMERS

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY DEPLOYED INSTANCES OF ITS COMPONENTS, IS AT YOUR SOLE RISK, AND THAT THE PLATFORM AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND THE PLATFORM OR ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, ANY SMART CONTRACT, OR THE APP), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE PLATFORM AND THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE PLATFORM AND THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE, (III) THE APP OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM OR ANY DEPLOYED INSTANCES OF ITS COMPONENTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
2. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.
3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF BINANCE SMARTCHAIN (BNB) AND BND COMPATIBLE NETWORKS OR THE ELECTRONIC WALLET FUNCTIONALITY OF THE APP, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PRIVATE KEYS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM OR ETHEREUM AND ETHEREUM-COMPATIBLE NETWORKS.
4. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN BINANCE SMARTCHAIN (BNB) AND BND COMPATIBLE PLATFORMS. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
5. XSYNTH TEAM IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF BINANCE SMARTCHAIN (BNB) AND BND COMPATIBLE NETWORKS, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

Limitation Of Liability

1. OU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM OR THE SITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO £100.
3. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU WITHOUT THESE LIMITATIONS.
4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

Assumption Of Risk

You accept and acknowledge each of the following:

1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of the funds you use for betting or the funds you might have collected from commissions from your deployed Smart Contract instances.
2. You are solely responsible for determining what, if any, taxes apply to your Xsynth -related transactions. Xsynth Team is not responsible for determining the taxes that apply to your transactions on the App or the Smart Contracts.
3. The App does not store, send, or receive cryptocurrency. This is because cryptocurrencies exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the selected Binance Smartchain (BNB) and BNB-compatible networks. Any transfer of cryptocurrency also occurs within the supporting blockchain, and not on the App.
4. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Xsynth Team will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Binance Smartchain (BNB) and BNB-compatible networks, however caused.
5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Xsynth ecosystem, and also the potential value of the cryptocurrency amounts in the Smart Contracts or the electronic wallet used by the App.
6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Xsynth ecosystem, and also the potential value of the cryptocurrency amounts in the Smart Contracts or the electronic wallet used by the App.
7. Upgrades of Binance Smartchain (BNB) and BNB-compatible platforms, hard forks in the platforms, or changes in how transactions are confirmed on the platforms may have unintended, adverse effects on the Xsynth ecosystem.

Indemnification

You agree to hold harmless and indemnify Xsynth Team and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Platform, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Platform and any deployed instances of its components. You agree that Xsynth Team will have control of the defence or settlement of any such claims.

External Sites

The App may include hyperlinks to other web sites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.

Changes to the Terms

We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the Site and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Platform after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site and the Platform.

Changes to the App

We are constantly innovating the Platform to help provide the best possible experience. You acknowledge and agree that the form and nature of the Platform, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the Platform at any time without notice.

Children

Our services are not available for use by children and are intended for persons over the age of 18 years old and considered an adult by law. Please refer to your country laws in accordance with age appropriate guidance. You affirm that you are over the legal age as set in your country of residence or country from which you are accessing the platform. As the Platform is not intended for children and YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE PLATFORM, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

Privacy Policy

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

General

These Terms constitute the entire legal agreement between you and Xsynth Ltd, govern your access to and use of the Platform and the Site, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Platform and the Site, whether oral or written. There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms create any agency, partnership, or joint venture. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent.

We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision. These terms shall be governed by and construed in accordance with the laws of the Republic of Seychelles and the Seychelles courts shall have jurisdiction to resolve any disputes between you and ‘Us’.

We will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties. You agree that we may provide you with notices (including, without limitation those regarding changes to these Terms) by email, regular mail, or postings on the App. By providing us with your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.