Terms of Service

This Terms of Service Agreement (the "Agreement") explains and defines the terms and conditions by which you may access and use the Interface. This Agreement must be read carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.

Notice: This Agreement governs your use of the Interface and contains important information, including a binding arbitration provision and a class action waiver, both of which impact your rights as to how disputes are resolved. You should only access the Interface if you agree completely with these terms.

Conditions for Use of the Protocol and Other related Interfaces

Your permission to use the Protocol and Other related Interfaces is subject to the following conditions:

• 1. You must be at least the age of majority in your jurisdiction
• 2. You may no longer use the Protocol and Other related Interfaces if the company contacts you directly to say that you may not.
• 3. You must use the Protocol and Other related Interfaces in accordance with Acceptable Use and Content Standards.

Modification of this Agreement

AX11 reserves the right to modify or change these Terms at any time, at its sole discretion. Any changes will be announced on the AX11 website, where the "Last Updated" date at the top of this AGREEMENT WILL BE REVISED TO REFLECT THE LATEST VERSION. ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR OTHER RELEASE TO USERS.

YOUR CONTINUED USE OF AX11 SERVICES FOLLOWING THE ANNOUNCEMENT OF ANY MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. IF YOU DO NOT AGREE WITH ANY CHANGES TO THESE TERMS, YOU MUST STOP USING AX11 SERVICES IMMEDIATELY. WE RECOMMEND REVIEWING THESE TERMS FREQUENTLY TO STAY INFORMED OF THE CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF AX11 SERVICES.

Modifications of our Products

The following rights are reserved by us and do not represent obligations on our part:

• (a) modification, substitution, elimination, or addition to any Product with or without notice to you; and
• (b) review, modification, filtering, disabling, deleting, and removal of all data and content from any Product.

Eligibility

To access or use any AX11 products, services, or the Interface, you must meet the following criteria:

1. Legal Capacity:

You must be able to form a legally binding contract with AX11. Accordingly, you represent that:

• (a) You are at least the age of majority in your jurisdiction (e.g., 18 years old in the United States).
• (b) You have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself or any company or legal entity for which you access or use the AX11 Interface, products, or services.
• (c) If acting on behalf of an entity, you have all necessary rights and authorizations to bind that entity to this Agreement.

2. Sanctions and Restricted Locations:

You represent that you are not:

• (a) On any economic or trade sanctions lists administered or enforced by any governmental authority, nor designated as a prohibited or restricted party.
• (b) A citizen, resident, or entity organized in any jurisdiction subject to comprehensive country-wide, territory-wide, or regional sanctions (e.g., the United States, Malaysia, Canada, Netherlands, or other locations designated by AX11 from time to time as restricted).

3. Legal Compliance:

Your access to and use of AX11 products, services, or the Interface will comply with all applicable laws and regulations, including those related to anti-money laundering, anti-corruption, and counter-terrorist financing.

You agree not to access or use AX11 products or the Interface to conduct, promote, or facilitate any illegal activity.

4. Service Restrictions:

AX11 reserves the right to modify, restrict, or limit the availability of its products, services, or certain functionalities in specific jurisdictions or for certain users, at any time, without prior notice.

You are solely responsible for understanding and complying with any restrictions or requirements imposed by applicable laws in your location.

By accessing or using AX11 products, services, or the Interface, you affirm and warrant that you meet the above eligibility criteria and agree to these terms. Failure to comply may result in the suspension or termination of your access to AX11 services.

Proprietary Rights

The AX11 Interface and its contents, including but not limited to software, text, images, trademarks, service marks, copyrights, patents, designs, and its overall "look and feel," are owned by us and protected by applicable intellectual property laws, including those of the United States and foreign countries. These intellectual property rights are governed by our copyright licenses and Trademark Guidelines.

We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use AX11 products solely in accordance with this Agreement. Except as expressly permitted by this Agreement, you are prohibited from using, modifying, distributing, tampering with, reverse engineering, disassembling, or decompiling any of our Products for any purpose. Other than the limited license expressly granted hereunder, we grant you no rights to any of our Products, including any intellectual property rights.

While we own and control the intellectual property of our Products, we do not own or control the underlying software protocols that govern blockchain or cryptocurrency operations in conjunction with our Products. These protocols are typically open source, meaning they can be used, copied, modified, and distributed by anyone. As such, we assume no responsibility for the operation, functionality, or security of the underlying protocols or network operations.

You further acknowledge that the Protocol is not a Product owned or controlled by us, and as such, we cannot guarantee its functionality, security, or ongoing operation.

By using AX11 products and services, you agree to comply with the terms of this Agreement and refrain from using our intellectual property in any unauthorized manner.

Additional Rights

We reserve the following rights, which do not constitute obligations of ours:

• (a) with or without notice to you, to modify, substitute, eliminate or add to the Interface;
• (b) to review, modify, filter, disable, delete and remove any and all content and information from the Interface; and
• (c) to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.

Prohibited Activity

When accessing or using the AX11 Interface, you agree not to engage in or attempt to engage in any of the following prohibited activities:

1. Intellectual Property Infringement:

Actions that infringe upon or violate copyrights, trademarks, service marks, patents, publicity rights, privacy rights, or any other proprietary or intellectual property rights protected under applicable laws.

2. Cyberattacks:

Interfering with or compromising the integrity, security, or proper functioning of any computer, server, network, personal device, or information technology system.

Examples include deploying malware, viruses, worms, denial-of-service (DoS) attacks, or other malicious technologies.

3. Fraud and Misrepresentation:

Providing false, inaccurate, or misleading information to unlawfully obtain property, assets, or rights belonging to another entity or individual.

4. Market Manipulation:

Engaging in activities that undermine the integrity of trading markets, such as spoofing, wash trading, or other manipulative tactics prohibited under applicable laws and regulations.

5. Securities and Derivatives Violations:

Participating in activities that violate securities or derivatives laws, rules, or regulations in any applicable jurisdiction.

6. Unlawful Conduct:

Violating any law, rule, or regulation of the relevant jurisdiction, including but not limited to laws pertaining to money laundering, financing terrorism, tax evasion, and the purchase or sale of illegal goods or services (e.g., drugs, counterfeit goods, or weapons).

7. Unauthorized Commercial Exploitation:

Exploiting the Interface or its Services for unauthorized commercial purposes without explicit consent.

8. Malicious Software or Code:

Uploading, transmitting, or introducing malicious software such as viruses, worms, Trojan horses, time bombs, or other harmful technologies designed to disrupt or compromise the functionality of the Interface or related Services.

9. Unauthorized Access or Use:

Attempting to copy, reverse engineer, disassemble, decompile, reformat, or otherwise exploit the Services in ways not explicitly permitted by this Agreement.

Harvesting or collecting data from the Interface or Services for unauthorized purposes.

10. False or Fraudulent Pretenses:

Using the Interface or Services under false pretenses or engaging in deceitful behavior.

11. Interference and Security Circumvention:

Interfering with or disrupting other users' access to the Services.

Circumventing security features of the Interface or any third-party systems, networks, or resources related to the Interface.

12. Exploiting Smart Contracts:

Attacking, hacking, or exploiting vulnerabilities in smart contracts associated with the Interface.

Even if an action is technically permitted by a smart contract, it may still violate this Agreement and applicable laws.

13. Anticompetitive Behavior:

Engaging in activities that constitute anticompetitive behavior or other forms of misconduct, including but not limited to actions intended to harm competitors or users of the Interface.

Non-Solicitation; No Investment Advice

You agree and understand that all trades you submit through the AX11 Interface are considered unsolicited. This means that AX11 has not provided any investment advice or made any recommendations in connection with your trades, including those facilitated through the Auto Router API. AX11 does not conduct suitability reviews of any trades you initiate.

The AX11 Interface is intended solely for informational purposes and should not be construed as providing investment, financial, or trading advice. No information provided through the Interface constitutes a recommendation or endorsement of any investment, investment strategy, or transaction. You are solely responsible for evaluating whether an investment or related strategy aligns with your personal financial objectives, circumstances, and risk tolerance.

AX11 may provide token-related data sourced from third-party providers, including features such as rarity scores, token explorers, and token lists. For example, default token lists or expanded lists hosted through tokenlists.org may be accessible. Additionally, AX11 may display warning labels for certain tokens to enhance user awareness.

These informational materials are not intended to solicit trades or to induce you to engage in any transaction. Providing token information or warning labels does not constitute investment advice, nor does it imply that a particular token is a safe or appropriate investment.

AX11 is not your broker, intermediary, agent, or fiduciary and assumes no advisory role in your use of the Interface. Communications or information shared through the Interface should not be interpreted as financial, legal, tax, or investment advice. Trades executed through the Interface are processed automatically based on your instructions, and AX11 plays no role in determining the suitability or appropriateness of any transaction for your individual circumstances.

You are solely responsible for conducting your own due diligence and consulting with professional advisors, such as financial, legal, or tax experts, when making investment decisions.

AX11 DISCLAIMS ANY RESPONSIBILITY FOR LOSSES, LIABILITIES, OR OUTCOMES ARISING FROM YOUR DECISIONS TO BUY, SELL, HOLD, OR OTHERWISE ENGAGE WITH DIGITAL ASSETS BASED ON THE INFORMATION PROVIDED THROUGH THE INTERFACE.

BY USING THE AX11 INTERFACE, YOU ACKNOWLEDGE AND AGREE THAT:

• ● AX11 DOES NOT PROVIDE INVESTMENT ADVICE, RECOMMENDATIONS, OR ENDORSEMENTS.
• ● YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE MERITS AND RISKS OF YOUR INVESTMENT DECISIONS.
• ● AX11 IS NOT LIABLE FOR ANY ACTIONS OR OUTCOMES RESULTING FROM YOUR USE OF THE INTERFACE.

No Warranties

You acknowledge and agree that your use of the AX11 Interface is entirely at your own risk. We do not make any representations or warranties concerning the accuracy, reliability, completeness, or timeliness of the information provided through the Interface. Additionally, we do not warrant that access to the Interface will be continuous, uninterrupted, timely, or secure.

AX11 DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISEMENTS, OFFERS, OR STATEMENTS MADE BY THIRD PARTIES CONCERNING THE INTERFACE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AX11, ALONG WITH ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY REFERRED TO AS THE “INDEMNIFIED PARTIES”), DISCLAIMS ALL GUARANTEES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR: (1) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES OR ANY INFORMATION (INCLUDING THE VALUE OR OUTCOME OF ANY TRANSACTION) ACCESSED THROUGH THE INTERFACE; (2) INJURY OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING ANY PHYSICAL OR SENSORY EFFECTS CAUSED BY AUDIOVISUAL ELEMENTS; (3) HARM CAUSED BY MALICIOUS SOFTWARE, SUCH AS VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL CODE THAT COULD INTERFERE WITH THE SERVICES.

YOU EXPRESSLY ACKNOWLEDGE THAT AX11 IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY UNAUTHORIZED ACCESS, THE CONDUCT OF OTHER USERS, OR ANY THIRD PARTY’S ACTIONS, INCLUDING ANY BREACH OF SECURITY AFFECTING THE INTERFACE. ANY RELIANCE ON THE SERVICES OR INFORMATION PROVIDED IS AT YOUR OWN RISK.

Non-Custodial and No Fiduciary Duties

You are solely responsible for the custody and management of the cryptographic private keys to the digital asset wallets you hold. We do not have custody, possession, or control of your digital assets at any time. This means you should never share your wallet credentials, including your private keys or seed phrases, with anyone. We accept no responsibility or liability for any loss or damage resulting from your failure to securely manage your wallet or if your wallet is compromised.

This Agreement does not, nor does it intend to, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party. To the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated by you. You further agree that the only duties and obligations we owe you are those expressly stated in this Agreement.

We make no representations or warranties about the compatibility, functionality, or performance of any digital wallets in connection with our services. You are solely responsible for ensuring the proper operation and security of your wallet. Any acts, omissions, or issues arising from your wallet, including its compromise, are solely your responsibility, and we bear no liability in connection with such matters.

Compliance Obligations

The Interface is designed for use within the jurisdiction of Labuan, Malaysia, and may not be appropriate or available for use in other jurisdictions. By accessing or using the Interface, you acknowledge and agree that you are solely responsible for ensuring compliance with all applicable laws and regulations that govern your use of the Interface in your jurisdiction.

One or more of our Products may not be available or appropriate for use in your jurisdiction. By accessing or using any of our Products, you agree that you are solely responsible for compliance with all laws, regulations, and requirements that may apply to you. ALL USERS OF AX11 SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT AX11 WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.

It is also your responsibility to determine the potential tax implications of any transactions you initiate or receive through the Products. This may include various tax obligations such as income or capital gains tax, value-added tax (VAT), goods and services tax (GST), or sales tax, depending on the applicable jurisdiction.

You agree that it is your responsibility to report and remit any applicable taxes to the relevant tax authorities in your jurisdiction. You further acknowledge that you must comply with all local tax laws, including any obligations to withhold, collect, report, and remit taxes as required by your jurisdiction.

Assumption of Risk

By accessing or using the Interface, you represent that you understand the risks associated with using cryptographic and Blockchain-based systems, and that you have a knowledge and understanding of the usage and intricacies of digital assets such as Ether (ETH), so–called stable coin, and other digital tokens such as those following the Ethereum Token Standard (ERC-20). You understand that Blockchain-based transactions are irreversible after confirmed.

You agree and fully understand that the market for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and ฺ Blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Interface which means that you may suffer loss from the fluctuation of prices of tokens in a trading pair or liquidity pool, including but is not limited to slippage and other costs. You acknowledge and understand that anyone can create a token and there is a possibility of a fake version of existing tokens and could be falsely claimed to represent the projects and you are fully responsible and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge and understand that we are not responsible for any of these variables or risks. We cannot be held liable for any resulting losses that you experience while using or accessing the Interface. You agree and understand to take full responsibility for all of the risks of accessing and using the Interface to Interact with the Protocol.

Third-Party Resources and Promotions

The Interface may contain links or references to third-party resources, including information, materials, products, or services, that we do not control or own. We are not responsible for the content, terms, or conditions of these third-party resources or promotions. If you access or participate in any of these third-party resources or promotions, you do so at your own risk. This Agreement does not apply to any dealings or relationships you have with third parties.

You acknowledge that you are solely responsible for your use of any third-party resources and assume all risks associated with such use. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties in relation to the Service. Any information provided by third parties, including but not limited to historical data or cryptocurrency price data, is for informational purposes only. We make no representations or warranties regarding the accuracy of such information.

Furthermore, we may use third-party tools to monitor and analyze the use of our Service or to automate certain processes related to the development and operation of the Service. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM OR RELATED TO: (A) ANY INACCURACY, DEFECT, OR OMISSION IN CRYPTOCURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) ANY INTERRUPTION IN THE AVAILABILITY OF SUCH DATA.

Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• (a) your access and use of the Interface;
• (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and
• (c) any other party's access and use of the Interface with your assistance or using any device or account that you own or control.

Limitation of Liability

Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or the information contained within it.

We cannot be held liable and are not responsible for any:

• (a) errors, mistakes, or inaccuracies of content;
• (b) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface;
• (c) unauthorized access or use of any secure server or database in our control, or the use of any information or data stored therein;
• (d) interruption or cessation of function related to the Interface;
• (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface;
• (f) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; and
• (g) the defamatory, offensive, or illegal conduct of any third party.

We will never be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs that exceed the amount you paid to us for access to and use of the Interface, or $100 USD, whichever is greater. This means that, regardless of the legal basis for the claim such as the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, our liability is limited as specified in the agreement, and that this limitation applies even if we were aware that such liability might arise. Note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages, so some of the above exclusions may not apply to you. Some of the disclaimers and limitations in this Agreement do not apply to you if they conflict with applicable law. This limitation of liability will apply to the fullest extent permitted by law.

Dispute Resolution

If a potential dispute arises between you and us, you agree to contact us by sending your inquiries to the provided contact channels on AX11 official website so that we can attempt to resolve it informally through good faith negotiations. We will use our best efforts to resolve any disputes. However, If we are unable to reach an informal resolution within sixty days of receiving your email, then you and we agree to resolve the potential dispute through the process set forth below.

Class Action and Jury Trial Waiver

You cannot bring a class action against us, and you must bring any and all Disputes against us in your individual capacity and not as a plaintiff in or member of any purported class action, collective action, private attorney general action, or other representative proceeding. This provision applies to class arbitration. You and we both agree to waive the right to demand a trial by jury.

Governing Law

You agree that any legal action between you and us will take place exclusively in the federal or state courts of Labuan, Malaysia. You also agree that the laws of the Labuan, Malaysia, without regard to principles of conflict of laws, will govern this Agreement and any Dispute between you and us. You agree that the Interface is based solely in Labuan, Malaysia, and that its availability in other jurisdictions does not create personal jurisdiction in any forum outside of Labuan, Malaysia. The arbitration conducted pursuant to this Agreement will be governed by the Federal Arbitration Act. If the binding arbitration clause is found to be unenforceable, the federal and state courts of Labuan, Malaysia will be the proper forum for any appeals of an arbitration award or for court proceedings.

Entire Agreement

This Agreement is the only agreement between the parties regarding the subject matter contained herein. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of the terms.