General

These terms and conditions ("Terms") govern the use of the Website (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between Xava DAO and its affiliates (the "Company", "we", "us") and you, an end user of the services, whether personally or on behalf of an entity ("you" or "User") at https://nullshot.ai ("Services").

By accessing, using or clicking on our website (and all related subdomains) or its mobile applications ("Website") or accessing, using or attempting to use the Services, you agree that you have read, understood, and are bound by these Terms and that you comply with the requirements listed herein. Please note that blockchain networks, even if the Company publishes domain names or other records to them, are controlled by third parties (who may be distributed networks of independent computers), and are therefore not included in the definition of the "Website". If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Website or the Services.

If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorised to accept these Terms and enter into a binding agreement with the Company on such entity's behalf, and you accept these Terms both on behalf of such entity and on your own behalf.

This Website and the Services are not available to residents of Afghanistan, Algeria, Angola, Balkans, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, China, Côte d'Ivoire, Croatia, Cuba, Democratic Republic of the Congo, Democratic People's Republic of Korea, Eritrea, Ethiopia, Guatemala, Guinea, Guinea-Bissau, Haiti, Hong Kong, Iran, Iraq, Kenya, Laos, Lebanon, Liberia, Libya, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar, Namibia, Nepal, Nicaragua, Niger, Nigeria, Russia, Rwanda, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sudan, Syria, Tanzania, Tunisia, Türkiye, Ukraine, Venezuela, Vietnam, Yemen, Zimbabwe, Canada, China, Japan, United Kingdom, United States, Virgin Islands US, and any other jurisdiction in which accessing or using our protocol is prohibited (each a "Restricted Country").

Amendment to Terms

We may change, update, add or remove provisions of these Terms from time to time. Any and all modifications or changes to these Terms will become effective upon publication on our Website or release to Users. Therefore, your continued use of our Services is deemed your acceptance of the modified Terms and rules. If you do not agree to any changes to these Terms, please do not access or use the Website or the Services.

Eligibility

By accessing, using or clicking on our Website and using or attempting to use our Services, you represent and warrant that:

• • as an individual, legal person, or other organisation, you have full legal capacity and authority to agree and bind yourself to these Terms;
• • you are at least 18 or are of legal age to form a binding contract under applicable laws;
• • your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering ("AML"), anti-corruption, and counter-terrorist financing ("CTF");
• • you are not a citizen, resident or domiciliary in a Restricted Country, nor are you using our Services on behalf of any person or entity from a Restricted Country;
• • you have not been included in any trade embargoes or economic sanctions list, the list of specially designated nationals maintained by OFAC, or the denied persons or entity list of the U.S. Department of Commerce;
• • you have not been previously suspended or removed from using our Services;
• • if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorisations to bind such legal entity; and
• • you are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your user account.

Identity Verification

We and our affiliates may, but are not obligated to, collect and verify information about you in order to keep appropriate record of our users, protect us and the community from fraudulent users, and identify traces of money laundering, terrorist financing, fraud and other financial crimes, or for other lawful purposes.

All users who wish to use the Services may, from time to time in our sole determination, required to:

• • provide your digital wallet;
• • certify that you are 18 years or older;
• • accept the terms of use and privacy policy; and
• • verify your identity by submitting the documents requested by the Company as needed.

We reserve the right to confiscate any and all funds that are found to be in violation of relevant and applicable AML or CTF laws and regulations, and to cooperate with the competent authorities when and if necessary.

Restrictions

You shall not access, use or click on our Website and/or use or attempt to use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT:

• • use our Website or use the Services in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms;
• • violate applicable laws or regulations in any manner;
• • infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of the Company or any proprietary rights of other third parties;
• • use our Website or use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or computer code;
• • use any deep linking, web crawlers, bots, spiders or other automatic devices, programmes, scripts, algorithms or methods to access, obtain, copy, monitor, replicate or bypass the Website or the Services;
• • use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering);
• • attempt to access any part or function of the Website without authorisation, or connect to the Website or Services through hacking, password mining, phishing, cracking or any other unlawful means;
• • forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to the Company or the Website.

Termination, Suspension or Modification of Access

The Company may terminate, suspend, or modify your access to Website and/or the Services, or any portion thereof, immediately and at any point, at its sole discretion. The Company will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services. Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.

Disclaimers and Assumption of Risk

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR FREE OF ERROR, HARMFUL COMPONENTS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAMME OR MACROS.

BY MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES; (B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL ASSETS; AND (C) THE COMPANY SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF DIGITAL ASSETS ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN PURCHASING, HOLDING OR INVESTING IN DIGITAL ASSETS.

Intellectual Property

All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Website and the Services are owned by or otherwise licensed to the Company. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Website and the Services in the permitted hereunder.

Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party's intellectual rights.

You agree and acknowledge that all content on the Website must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from us.

No Professional Advice or Advertisement

All information provided on the Website and throughout our Services is for informational purposes only and should not be construed as professional advice. We do not provide investment advice or investment recommendations and no communication, through the Website or in any other medium, should not be considered as a substitute for tailored investment advice or construed as advice or recommendation.

Investing in digital assets is highly risky and may lead to a total loss of investment. You must have sufficient understanding of cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to appreciate the risks involved in dealing in digital assets. You understand and agree that the value of digital assets can be volatile, and we are not in any way responsible or liable for any losses you may incur by using or transferring digital assets in connection with our Services.

We do not recommend that any cryptocurrencies should be bought, earned, sold, or held by you and we will not be held responsible for the decisions you make based on the information provided by us on this Website.

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual 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:

• • your use or misuse of, or conduct in connection with, the Website or Services;
• • your use or disposal of any Digital Assets;
• • your breach or our enforcement of these Terms;
• • your default, negligence, recklessness or wilful misconduct; or
• • your violation of any applicable law, regulation, or rights of any third party during your use or misuse of the Website or Services.

Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.

Jurisdiction and Governing Law

The parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms. These Terms and any dispute or claim arising out of or in connection with the Services or the Website shall be governed by, and construed in accordance with, the laws of the British Virgin Islands.

Any dispute that is not resolved after good faith negotiations may be referred by either party for final, binding resolution by arbitration under the arbitration rules of the British Virgin Islands International Arbitration Centre ("BVIIAC") under the BVIIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The law of this arbitration clause shall be the laws of British Virgin Islands. The seat of arbitration shall be the British Virgin Islands. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.

Any Dispute arising out of or related to these Terms is personal to you and us and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals.

Contact Us

All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to legalnotices@xavadao.com.