Terms of Use

XTrade.GG Terms of Use

Effective as of: 10 April 2025

These Terms of Use ("Terms") are entered between QSoft Services Corp. ("we", "our", "us", or “Company”) and you, the User of the Platform and Services (as defined below). These Terms constitute a binding agreement and govern your use of the Services provided by us, collectively labeled as XTrade.GG, XTrade or similar, including but not limited to our websites, software applications, Telegram channels and bots, and any online decentralized trading software tools offered by us (collectively, the "Platform”) and voluntarily accessed by you (collectively, the "Services"). By accessing or using our Services, you acknowledge and agree to be bound by these Terms, as well as all applicable laws and regulations. If you do not agree with these Terms, do not use or discontinue use of the Services immediately.

  1. GENERAL TERMS

    1. By offering the Services, we provide you with a software solution to access tools and data, aggregate and display information, and to directly order and execute transactions on public blockchain(s). We do not execute trades, handle digital assets on your behalf, offer financial services, provide investment advice, or act as a counterparty to any transactions. We do not own nor control any blockchain network you interface with through the Services, or any other third-party site or service that Users might access or use for the purpose of enabling the user to access and utilize any feature of the Platform.

    2. The Services and Platform are purely non-custodial. We do not hold, manage, or control your digital assets in any manner. Any trades or transactions ordered by you are executed directly on third-party decentralized applications ("DApps") or blockchain networks, facilitated by smart contracts, and we do not facilitate or execute any trades on behalf of users.

    3. We do not act as an exchange, broker, financial intermediary, money transmitter, financial advisor, or escrow agent. Users are solely responsible for their trading decisions and transactions and acknowledge the inherent risks associated with blockchain technology and decentralized finance.

    4. We do not assume fiduciary duties to users, including any implied duties of loyalty or care. Any engagement with the Platform is at your own discretion, and we disclaim any obligations typically associated with fiduciary relationships.

    5. Products, Services, content, information, and/or other features of the Services and of the Platform may not be legally available for residents of certain jurisdictions under applicable local laws, countries under embargoes or sanctions and/or other blacklisted countries. By accessing or using the Services, you expressly declare that legal and/or regulatory restrictions to use the Services do not apply to you and you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you, including those concerning digital assets securities, derivatives, commodities, or other financial products. If any restrictions from using the Services do apply to you, you are prohibited from accessing or using the Platform and/or any Services provided on this Platform. If you are uncertain, please seek independent legal advice. We are not responsible for determining your legal standing in connection with you accessing the Services in your jurisdiction.

    6. You confirm that you have had the opportunity to seek independent legal advice relating to all the matters provided for in these Terms and agree that there shall be no presumption that any ambiguity in the Terms should be construed against us solely as a result of our role in the drafting of the Terms, and that the provisions of these Terms and all documents entered into pursuant to the Terms are fair and reasonable.

  2. USE OF SERVICES

    1. In order to use the Services, you have to access the Platform through one of the sign-in methods available on the platform and connect a DeFi electronic wallet that allows you to store, send and receive digital assets that you own and control (your “Digital Wallet”). If you use several Digital Wallets to access the Services, these Terms apply equally to each of your Digital Wallets. You are solely responsible for securing your private keys, digital assets, and wallet credentials. Loss of access to your Wallet is your responsibility, and we cannot recover lost funds under any circumstances. Transactions conducted on blockchain networks are publicly visible. You acknowledge that blockchain activity is inherently transparent and cannot be reversed or modified.

    2. You are responsible for complying with all applicable laws and regulations in your jurisdiction regarding the use of digital assets, decentralized trading, use of the Services, and other transactions involving digital assets and the blockchain. You acknowledge that regulatory frameworks governing digital assets vary by jurisdiction and that you are solely responsible for ensuring compliance with applicable legal requirements. If you have any legal, regulatory and compliance questions related to the use of the Services, you should seek professional legal advice in your jurisdiction.

    3. By accessing and using the Services, you explicitly acknowledge and agree that you meet the following cumulative requirements to access and use the Services:

      1. You are eighteen (18) years of age or older;
      2. You are legally capable of entering into a binding contract with us under these Terms in accordance with the laws and regulations that apply to you, including laws on the capacity to enter into a legal agreement;
      3. Your entry into a binding contract under these Terms, and your use of Services, is a lawful arrangement under the laws of your country;
      4. You are not from and do not have any relevant connection with any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of digital assets is unlawful or restricted in any way; or requires licensing and registration or approval of any kind, whether for you as user or us as a provider of the Services to you;
      5. You are compliant with all requirements of law applicable to you, including, without limitation, all tax laws and regulations, exchange control requirements, and registration requirements;
      6. You are not a resident of a sanctioned country or territory, including Cuba, Iran, North Korea, Syria, and any other country that has been identified as being sanctioned by the United States of America, United Kingdom, European Union or United Nations.
      7. You do not, and will not, use VPN software or any other privacy or anonymization tools or techniques to circumvent, or attempt to circumvent, any restrictions that apply to the Services;
      8. You are aware of the risks involved in dealing with digital assets generally, risks pertaining to your use of Services, including the risk of a total loss of assets, and other risks as outlined in the Risk Disclosure herein;
      9. You are the sole authorized user and owner of your Digital Wallet, and have taken reasonable steps to prevent unauthorized access to your Digital Wallet;
      10. You are the beneficial owner of (or if you are acting as a trustee, the legal owner) of your Digital Wallet or you have the full authority to dispose and manage the digital assets for a legal entity (where you are in charge of a corporate Digital Wallet), and the digital assets you use to in connection with the Digital Wallet are not direct or indirect proceeds of any criminal or fraudulent activity;
      11. You have not been previously banned, terminated or otherwise denied access to the Services or by any competent authority;
      12. You have not been convicted of any financial or financial-related crime by a proper court of law;
      13. You are not a resident or tax resident of such jurisdictions or regimes where the FATF imposes financial sanctions or requires compliance with the United Nations Security Council Resolutions (UNSCRs);
      14. You are not subject to any economic sanctions programs administered or enforced by any relevant country, government or international body, including but not limited to: the US Department of the Treasury's Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, or any other sanctions regime.
    4. By agreeing to these Terms and using the Services, you hereby also agree to our Privacy Policy, available at: https://xtrade.gg/privacy-policy .

    5. Subject to you agreeing and complying with these Terms, you are granted a revocable, non-exclusive license to access the Services, including the Platform, data, material, content, or information provided therein solely for your personal use.

  3. RISK DISCLOSURE AND DISCLAIMERS; TAX OBLIGATIONS

    1. You should conduct your own research, due diligence, and risk assessments before engaging in any trading activities. We do not endorse or guarantee the performance, security, or legitimacy of any digital asset or trading strategy.

    2. The cryptocurrency market is highly volatile. Prices may fluctuate rapidly, and you acknowledge that you are engaging in speculative activities at your own risk. Our platform integrates with third-party DApps and blockchain networks. We do not endorse, guarantee, or monitor any third-party decentralized application (DApp) you choose to interact with, even if accessed through the Platform. You are solely responsible for conducting due diligence on any third-party service.

    3. We are not responsible for any vulnerabilities, bugs, or exploits in smart contracts, blockchain protocols, or third-party software. Decentralized finance (DeFi) and blockchain-based services are subject to various security risks, including but not limited to hacking, phishing attacks, malicious contracts, and protocol failures. We do not provide insurance or reimbursement for losses related to security breaches. You also acknowledge and agree that smart contracts may contain bugs or vulnerabilities, and we make no representations regarding the security or integrity of any smart contract used in connection with the Services. Use of Services is entirely at your own risk.

    4. YOU ACCEPT THE RISK OF LOSS ASSOCIATED WITH THE LOSS OF YOUR DIGITAL ASSETS AS A RESULT OF USING THE SERVICES. WHILE USING THE SERVICES, YOUR DIGITAL ASSETS ARE NOT SUBJECT TO ANY REGULATORY OR CONSUMER PROTECTION SCHEME OR ARRANGEMENT FOR PROTECTION AGAINST LOSSES. THERE MAY BE PARTIAL OR TOTAL LOSS OF YOUR DIGITAL ASSETS ARISING OUT OF THE SERVICES, INCLUDING DUE TO THE NATURE OF THE SERVICES AND INCLUDING REASONS OUTSIDE OF OUT CONTROL. IN NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR SUCH LOSSES, AND THERE MAY BE NO REMEDY AVAILABLE IN CASE OF LOSS OF YOUR DIGITAL ASSETS, INCLUDING AND UP TO A TOTAL LOSS OF DIGITAL ASSETS.

    5. Digital asset transactions are not reversible. Erroneous transactions may result in irreversible loss of your funds. Where you hold digital assets in your on-chain digital wallet, you must be very cautious in maintaining your private keys and backup phrases. Loss of private keys and backup phrases may result in irreversible loss of your funds. Due to the decentralized nature of blockchain, there is no central party that may restore your private keys, extract your funds, or reimburses you for your losses.

    6. Any third party gaining access to your Digital wallet can extract your funds, and you may not be able to identify or find such parties. Never provide any person with your wallet’s private keys or backup phrase.

    7. You acknowledge that regulatory treatment of digital assets is evolving and that new laws, regulations, or enforcement actions could impact the availability and legality of our Services.

    8. Our Services are provided "as is" and "as available." We make no warranties, express or implied, regarding the accuracy, reliability, completeness, or security of the Services or any third-party integrations.

    9. Different jurisdictions may impose specific tax rules and treatments on digital assets. You are solely responsible for all your tax obligations, including reporting and paying any taxes arising from your use of the Services. We do not provide any tax advice, and will make no tax or income representations for the purposes of you complying with your local tax regulations. You should consult a tax professional regarding your specific obligations prior and during the use of the Services.

  4. PROHIBITED ACTIVITIES

    1. You may not use our platform for illegal activities, money laundering, fraud, or other prohibited transactions. We reserve the right to report, suspend or terminate transactions suspected of engaging in such activities, or restrict or prohibit your access to the Services.

    2. You should not use the Services in any manner that could damage, disable, overburden, or impair the Services; obtain or attempt to obtain any materials or information through the Services by any means not intentionally made available or provided by the us; attempt to gain unauthorized access to any account, computer systems or networks associated with the Platform; Modify, make derivative works of any part of the Service.

    3. Any attempts to exploit bugs or security vulnerabilities, manipulate our trading tools, or employ unauthorized bots, scrapers, or automated access mechanisms that disrupt the Platform's functionality are strictly prohibited and may result in legal action.

    4. Except as explicitly permitted in these Terms, users are strictly prohibited from copying, reproducing, distributing, republishing, or transmitting any portion of the Services in any format or through any means, whether electronic, mechanical, photocopying, recording, or otherwise. This prohibition extends to all content and materials provided as part of the Services, including but not limited to text, graphics, logos, images, software, and any other proprietary information.

    5. All copyright notices, trademarks, service marks, and other proprietary notices displayed on or within the Services must be retained in their original form on any authorized copies or reproductions. Users are not permitted to alter, remove, or obscure these notices in any way. Any unauthorized use of the Services or its content may violate copyright laws, trademark laws, and other intellectual property rights, and could result in legal action.

  5. INTELLECTUAL PROPERTY RIGHTS

    1. The contents and design of the Platform, logos, trademarks, the Services and any material accessed by you is copyright of the Company. You may not use or reproduce or allow anyone to use or reproduce any trademarks (such as XTrade name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from us. The Platform and all the Services are proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
  6. INDEMNIFICATION AND LIMITATION OF LIABILITY

    1. You agree to indemnify and hold harmless us, our affiliates, subsidiaries, parent companies, contractors, licensors, and their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of the Services or conducted in connection with the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulations of any jurisdiction or rights of any third party during your use of the Services. If you are obligated to indemnify the Indemnified Parties, pursuant to this Section, we shall have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.

    2. This Section 5 applies equally to us and all other Indemnified Parties, unless specified otherwise.

    3. To the maximum extent permitted by law, in no event shall we and/or the Indemnified Parties be liable to you or any third party for any loss arising from or relating to these Terms, or your use of, or inability to use, the Services and the Platform, content or information accessed via the Platform, or any disruption or delay in the performance of the Services. Access to, and use of, the Services is at your own discretion and risk, and you will be solely responsible for any loss resulting therefrom.

    4. We make no warranties or representations about the Services, including, but not limited to, the accuracy, reliability, completeness, timeliness or reliability thereof. Indemnified Parties shall not be subject to liability for the truth, accuracy or completeness of any content or any other information conveyed to any user, for errors, mistakes or omissions therein, or any delays or interruptions of the data or information stream from whatever cause. To the fullest extent permitted by law, as a user, you agree that you use the Services and any content at your own risk. We do not warrant that the Services will operate error-free or that the Services and any content are free of computer viruses or similar contamination or destructive features. If your use of the Services or any content results in the need for servicing or replacing equipment or data, no Indemnified Parties shall be responsible for those costs.

    5. The Services are provided on an “as is” and “as available” basis without any warranties of any kind and to the fullest extent permitted by law, Indemnified Parties disclaim all warranties, including, but not limited to, the warranties of title, merchantability, non-infringement of third party rights, and fitness for a particular purpose. in no event shall any of the Indemnified Parties be liable for any special, indirect, punitive, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use the Services and any content, whether based on warranty, contract, tort (including negligence), or any other legal theory. We and any other Indemnified Parties shall not be liable for any losses or damages which may incur as a result of any delay in the provision of the Services.

    6. You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of the Platform, including legal fees and costs incurred in defense of claims related to your actions.

  7. THIRD-PARTY SERVICES

    1. The Services may contain links to websites, applications and platforms controlled or operated by third parties (“Third-Party Services”). Third-Party Services are not under the control of us, and we are not responsible for the contents of any Third-Party Services, including if they are not working properly or for any viruses, malware, or other malicious software attacks resulting from your use of a Third-Party Service.

    2. You acknowledge that your access and use of any Third-Party Services is at your own discretion and risk, and that we bear no liability to you arising from your use of any Third-Party Services. We hereby disclaim any representation, warranty, or guarantee regarding any Third-Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or suitability for a particular purpose, and any representation, warranty, or guarantee regarding the availability, features, accuracy, completeness, or legality of the Third-Party Services.

    3. You are responsible for viewing and abiding by the terms and privacy policies of Third-Party Services. You are solely responsible for any interaction or relationship with third parties who provide the Third-Party Services.

    4. You agree to indemnify and hold us harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including but without limitation to, damages for loss of use, arising out of or in any way connected with the use or performance of the Third-Party Applications. We are not responsible for any personally identifiable information that may be shared with any Third-Party Applications.

    5. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Third-Party Services (including any interactions with, or act or omission of, our partners or any other third party or any third-party links and applications).

  8. AMENDMENTS & TERMINATION

    1. We reserve the right to make amendments to the Terms at any time, including, but not limited to, the scope of Services provided, conditions for the provision of Services, rules and requirements, etc. You are responsible for reviewing the current Terms and the date of the last update of the Terms on the Platform, as your continued use of the Services after any modification of the Terms will conclusively indicate that you have acknowledged and fully accepted those changes.

    2. We may suspend, restrict or terminate your access to our Services at any time at our sole discretion, with or without cause and with or without notification to you.

  9. GOVERNING LAW & DISPUTE RESOLUTION

    1. These Terms are governed by the laws of England and Wales.

    2. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, UK. The language to be used in the arbitral proceedings shall be English.

    3. You agree that you may bring disputes against us only in an individual capacity and not as a plaintiff or class in any purported class action, collective action, or representative proceeding, including class arbitrations. Accordingly, under the arbitration procedures outlined in these Terms, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.

  10. SEVERABILITY

    1. The illegality, invalidity or unenforceability of any provision of the Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction, nor the legality, validity or enforceability of any other provision. If any provision in the Terms of Use shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable, and gives effect to the commercial intention of the parties.

    2. To the extent it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of the Terms of Use and the legality, validity and enforceability of the remainder of the Terms of Use shall, subject to any deletion or modification made under this Section, not be affected.

  11. FORCE MAJEURE

    1. Without prejudice to any of the terms above, we shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, internet failures, blockchain protocol failures, cyberattacks, regulatory actions, wars, pandemics, or other unforeseen events.