X Layer Ecosystem Risk Disclosure Statement

Published on 4 Sept 2024

By using the services in connection with our X Layer (collectively, the “Services”) provided by Metax Technology Company Limited and/or its affiliates (collectively, “X Layer”), you confirm that you have read, understood, and agreed to this Risk Disclosure Statement, and any other relevant terms and conditions, service terms, user agreements, disclaimers, transaction and operation rules, policies, announcements and other rules published (and as amended and restated) on https://www.okx.com/help/category/terms-of-agreement time to time in connection with the Services (collectively, “User Agreements”), and that you agree to be legally bound by any and all terms and conditions thereof. Unless you have read and agreed to this Risk Disclosure Statement and the applicable User Agreements, you shall not use the Services.

The X Layer information pages are provided for informational purposes only, without any representation, warranty, or guarantee of any kind. Nothing contained in any of the pages is an offer to sell or solicitation of an offer to buy any security or other regulated financial instrument. You acknowledge and agree that none of the information provided in the Services or any of the pages is intended to be an endorsement of any products or services available at the pages therein by X Layer. No information provided by X Layer to you, notwithstanding whether included herein or any other document or statement, shall be deemed, considered or interpreted as investment, business, financial, accounting, tax, legal, trading or any other type of advice. You understand that digital asset market volatility is extremely high and the price of a digital asset might fluctuate drastically due to technical, regulatory, and marketing factors, including losing all value. Certain technical and financial knowledge is required to understand and evaluate the inherent risks of digital asset investment and your risk appetite. Before making decisions to use our Services, you must ensure that you fully understand any and all risks involved and you should consult your own business, legal, financial or tax advisers regarding, inter alia, your particular opportunities, risks, obligations or further costs arising from using the Services. X Layer does not make any recommendations to you regarding whether to buy, acquire, sell, transfer or hold any digital assets.

Before making a decision to buy, acquire, sell, transfer or hold any digital assets, you shall conduct due diligence and consult your financial advisor. X Layer shall not be responsible for your decision to buy, acquire, sell, transfer or hold digital assets. X Layer is not your broker, dealer, agent or consultant. You acknowledge and agree that, for any transaction or activity through your use of the Services, X Layer does not have a fiduciary relationship with or fiduciary duty towards you.

In addition to the risks set out herein, our Services may be subject to additional risks. Please conduct your own research and due diligence before connecting to or interacting with any project, decentralized application (“DApp”), third party or conducting any transaction. You shall determine whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial condition and risk tolerance, and you shall be solely responsible for any and all losses or liabilities that may arise from your use of our Services. X Layer shall not be liable for any losses caused by your use of any third party products and services in connection with any project and/or DApp you access.

The projects and DApps you access are offered by third parties and your use of those projects and DApps are subject to separate terms and policies between you and those third parties. X Layer has no control over any of those terms and policies of third party sites. Once you use any services relating to any of the projects and the DApps you access, you are deemed to have known, understood and agreed to all the terms and policies of the third party sites. X Layer and each third party website are independent legal entities, and this Risk Disclosure Statement or any information provided in our Services shall not constitute any form of agency, partnership or cooperative relationship between the parties. Each third party site or any of the projects and DApps you access shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.

Some of the projects are start-up projects which are still in their initial stages, and you shall solely bear all the risks associated with and be responsible for losses, in situations including, but not limited to: (i) the ecosystem, technology, security and economic models associated with the digital assets do not function as intended or expected; (ii) the digital assets, its associated blockchain network and ecosystem fail to attract sufficient interest, use and adoption from users and key stakeholders; (iii) there is no liquid market for the digital assets and no such market may ever develop or exist; (iv) the digital assets have been previously sold to third party purchasers or are no longer available; and/or (iv) third parties involved in the development of the digital assets or projects, including members of the blockchain ecosystem, may be subject to investigation and punitive actions from governmental authorities that may result in complete loss and/or liquidation of a project.

Applicable laws, regulations and the interpretations herein may affect the availability of Services provided by X Layer to you from time to time, and that may adversely affect the value, use and transfer of your digital assets.

Tax treatment of certain digital asset transactions may be uncertain, and it is your sole responsibility to determine what taxes, if any, arise from all transactions with your digital assets, and then report and pay all taxes arising from or related to your digital assets.

In consideration of your access to the Services, you represent, covenant and agree, on behalf of yourself and your successors, and any other person/entity claiming by, under or through you, as follows:

(a) you irrevocably waive, release and discharge all claims against X Layer for any damages, losses or claims, whether known and unknown, which arise during or result from your use of the Services, regardless of whether or not caused in whole or part by the negligence or other fault of X Layer; and

(b) you agree to fully indemnify and hold X Layer harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) as a result of any claims or suits that you (or anyone claiming by, under or through you) may bring against X Layer to recover any losses, liabilities, costs, damages, or expenses which arise during or result from your use of the Services, regardless of whether or not caused in whole or part by the negligence or other fault of X Layer.