Conditions of Use
Updated: 25 October 2022
Welcome to X Change Financial Services (xPayServices, x Pay, myxpay, XCFS, (used interchangeably)). xPay Services manages the myxpay.net site, including the digital wallet and co-operates within the X Companies Network Community as a licensed Agent.
xPay provide website features and other products and services to you when you visit myxpay.net, use xPay products or services, use myxPay applications for mobile service, or use software provided by myxpay.net in connection with any of the foregoing (collectively, “xPay Services”). xPay provides the services subject to the following conditions. By using xPay Services, you agree to these conditions. Please read them carefully. We offer a wide range of xPay Services, and sometimes additional terms may apply. When you use a xPay Service (for example, your profile, myxpay, xPay markets or any “xPay Applications” you also will be subject to the guidelines, terms and agreements applicable to that xPay Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our xPay PRIVACY NOTICE, which also governs your use of xPay Services, to understand our practices.
When you use xPay Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other xPay Services, such as our Message Centre, and, you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any xPay Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of xPay or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any xPay Service is the exclusive property of xPay and protected by international copyright laws.
Trademarks consist of, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any xPay Service are trademarks or trade dress of xPay in all locations where xPay Services operate. xPay’s trademarks and trade dress may not be used in connection with any product or service that is not xPay’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits xPay.
License and Access
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, xPay or its content providers grant you a limited, non-exclusive, non-transferable, non- sublicensable license to access and make personal and non-commercial use of the xPay Services. This license does not include any resale or commercial use of any xPay Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any xPay Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by xPay or its licensors, publishers, rights-holders, or other content providers. No xPay Service, nor any part of any xPay Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of xPay. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of xPay without express written consent. You may not use any meta tags or any other “hidden text” utilizing xPay’s name or trademarks without the express written consent of xPay. You may not misuse the xPay Services. You may use the xPay Services only as permitted by law. The licenses granted by xPay terminate if you do not comply with these Conditions of Use or any Service Terms.
An account (approved access to services with xPay) is as follows: An account is attached to a person or company with a verified individual email account, and a verified distinct individual phone number. Additionally, an account holder may apply for an xPay wallet and download said wallet on IOS or Google Play. Each wallet will then be attached to these respective individual accounts. You may need your own xPay account to use certain xPay Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the xPay Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their xPay Household. NOTE: xPay reserves the right to refuse service, terminate accounts and terminate your rights to use xPay Services.
Security of Wallet
NOTICE: Concerning the security of your wallet and the contents. Your wallet has Mnemonic key words and an unencrypted Private key. Anyone who knows your Mnemonic key words or your private key can empty the contents of your wallet. To maintain the contents of your wallet for your use you should keep this information in a secure place. Failure to do so will risk your wallet. Your private key is recoverable ONLY with the Mnemonic key words. If you lose your Mnemonic key words you will NOT be able to recover the contents of your wallet. They will be lost forever. NOTE: xPay will NOT be able to retrieve the contents of your wallet. It will be lost forever. The security of your wallet is entirely the users responsibility. Thus, we urge you to maintain your private key and Mnemonic Key words in a safe and secure place.
When you use apps created by xPay, such as the xPay App, you may grant certain permissions to us for your device. Mobile devices provide you with information about these permissions. This information can be found directly within the app menu.
Our Member Merchant Vendors operate stores, provide services or software, and may offer and sell product lines through the xPay Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of these Web sites). xPay does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitations of Liability
THE XPAY SERVICES, INCLUDING ANY ASSOCIATED OR OFFERED DEBIT CARD , AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE xPAY SERVICES ARE PROVIDED BY xPAY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
XPAY DOES NOT WARRANT THAT THE XPAY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XPAY SERVICES, XPAY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM XPAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, XPAY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY XPAY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY XPAY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any xPay Service, or to any products or services sold or distributed by xPay or through myxpay.net website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Arbitration law of the Republic of Georgia will apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Important Note, by using xPay Services, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any xPay Service, you agree that the laws of the Republic of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and xPay.
Site Policies, Modification, and Severability
Additional xPay Software Terms
The following terms (“Software Terms”) apply to any software (including any updates or
upgrades to the software) and any related documentation we make available to you in connection with xPay
Services (“xPay Software”)
1. Use of the xPay Software. You may use xPay Software solely for purposes of enabling you to use the xPay Services as provided by xPay, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the xPay Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the xPay Software in whole or in part. All software used in any xPay Service is the property of xPay or its software suppliers and is protected by international copyright laws.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the xPay Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the xPay Software at any time and without notice to you.
5. Government End Users. If you are a Government end user, we are licensing the xPay Software to you as a “Commercial Item”, as defined under the Commercial laws of the Republic of Georgia and the rights we grant you to the xPay Software are the same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other xPay or third-party terms applicable to any portion of xPay Software, such as open-source license terms, such other terms will control as to that portion of the xPay Software and to the extent of the conflict.