XGlobal™ Terms of Use International Digital Participation Framework

Acceptance of Terms

By accessing, browsing, registering for, purchasing, subscribing to, using, or participating in any portion of the XGlobal Ecosystem™, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use.

These Terms constitute a legally binding agreement between you and the applicable XGlobal contracting entity identified for the service, transaction, account, program, or platform you use.

Additional service-specific terms, program rules, privacy notices, refund policies, partner agreements, reward rules, referral policies, acceptable-use policies, or other contractual documents may apply to particular products, services, programs, or transactions.

If there is a conflict between these Terms and a service-specific agreement, the service-specific agreement will control only with respect to the subject matter expressly covered by that agreement.

If you do not agree to these Terms, you must not access or participate in the applicable XGlobal service.

Definitions & Interpretation

For purposes of these Terms:

• “XGlobal,” “Company,” “we,” “us,” or “our” means XGLOBAL HOLDINGS LLC and, where applicable, the specific subsidiary, affiliate, or contracting entity providing the relevant service.
• “XGlobal Ecosystem™” means the collection of websites, applications, software, platforms, technology, services, programs, content, partner systems, digital participation pathways and related resources operated or made available by XGlobal entities.
• “Participant,” “you,” or “your” means any individual or legal entity accessing or participating in the applicable XGlobal service.
• “Program” means any XGlobal referral, rewards, monetization, promotional, advertising, participation, partner, technology, subscription, or other program.
• “Qualifying Activity” means activity expressly defined as qualifying under the applicable Program rules.
• “Rewards” means any credits, commissions, incentives, promotional benefits, points, revenue shares, or other benefits expressly offered under an applicable Program.

Headings are provided for convenience only and do not limit or alter the meaning of any provision.

Eligibility & Participant Requirements

Participation is subject to applicable eligibility, identity-verification, geographic, regulatory, technical, contractual, and program-specific requirements.

By participating, you represent and warrant that:

• You are at least 18 years of age unless a particular service lawfully permits participation by a younger person with any required parental or guardian consent.
• You have legal capacity to enter into the applicable agreement.
• Information supplied by you is accurate, complete, current, and capable of verification.
• You will maintain accurate account and registration information.
• Your participation is lawful in the jurisdiction in which you access the service.
• You are not participating for an unlawful, fraudulent, deceptive, abusive, or prohibited purpose.
• You are not subject to restrictions that prohibit you from entering into or performing the applicable agreement.

XGlobal may restrict access by age, country, territory, service type, regulatory classification, risk level, technical capability, or other lawful criteria.

XGlobal Ecosystem™

XGlobal™ is a digital ecosystem intended to connect people, businesses, publishers, creators, technology, content, digital participation, advertising, monetization, rewards, software, cloud infrastructure and related digital resources.

Depending on availability and applicable eligibility, the ecosystem may include:

Corporate Entities & Affiliates

XGLOBAL HOLDINGS LLC may operate through subsidiaries, affiliates, brands, divisions, contractors, licensors, technology providers, or other related entities.

Each legal entity within the XGlobal corporate structure is a separate legal person or entity to the extent recognized by applicable law.

Unless expressly stated otherwise in a written agreement, no subsidiary, affiliate, parent entity, officer, director, employee, contractor, or service provider assumes obligations or liabilities belonging exclusively to another entity.

Your contractual relationship for a particular service may be with XGLOBAL HOLDINGS LLC or with a designated subsidiary or affiliate. The applicable contracting entity may be identified during registration, purchase, subscription, onboarding, invoicing, or within the applicable service-specific terms.

Accounts & Security

Where an XGlobal service requires an account, you are responsible for maintaining the confidentiality and security of your credentials and for activity conducted through your account to the extent permitted by applicable law.

• Keep passwords, authentication credentials, recovery information and security codes confidential.
• Do not share or transfer your account without authorization.
• Provide accurate registration information.
• Promptly notify XGlobal of suspected unauthorized access, fraud or security compromise.
• Use reasonable security measures on devices used to access XGlobal services.

XGlobal may require identity verification, additional authentication, fraud screening, account verification or other security controls where reasonably necessary.

Participation, Referrals & Rewards

Certain XGlobal Programs may provide opportunities to receive Rewards, commissions, credits, promotional benefits, revenue shares or other consideration based on specifically defined Qualifying Activity.

Qualifying Activity may include verified referrals, advertising activity, eligible traffic, content activity, promotional engagement, platform usage, transactions, subscriptions, or other activities expressly identified in the applicable Program rules.

XGlobal may audit, investigate, delay, adjust, reverse, reject, withhold, suspend, or remove activity or Rewards where reasonably necessary to address suspected fraud, abuse, error, duplicate activity, chargebacks, invalid traffic, regulatory requirements, contractual disputes, system errors, or violation of Program rules.

Where a payment or Reward was issued in error, XGlobal may, subject to applicable law, correct the error through account adjustment, offset, repayment request, or other lawful mechanism.

Advertising, Endorsements & Promotions

All advertising, promotional content, endorsements, testimonials, social-media communications, referral communications and marketing materials relating to XGlobal must be truthful, accurate, not misleading, and compliant with applicable law.

• Do not fabricate testimonials, reviews, statistics or performance results.
• Do not impersonate XGlobal or falsely represent yourself as an employee, officer, authorized representative or official agent.
• Do not make unsupported earnings or financial claims.
• Clearly disclose material financial or other relationships where required.
• Do not use spam, deceptive advertising, misleading landing pages or unauthorized communications.
• Do not make representations that conflict with official XGlobal disclosures or Program rules.

XGlobal may require correction or removal of promotional content that violates applicable law, these Terms, brand guidelines, or Program requirements.

Responsible Participation

Participants must use XGlobal services lawfully, responsibly and in a manner that does not harm XGlobal, other participants, partners, advertisers, service providers, infrastructure, or third parties.

• Comply with applicable laws and regulations.
• Respect privacy and intellectual-property rights.
• Do not engage in harassment, threats, abuse, discrimination, fraud or unlawful conduct.
• Do not intentionally interfere with ecosystem operations.
• Do not knowingly transmit malicious code or harmful content.
• Do not use XGlobal services to facilitate unlawful activity.

Intellectual Property

Unless expressly stated otherwise, XGlobal names, trademarks, service marks, logos, software, source code, interfaces, databases, designs, documentation, systems, technologies, content, graphics, data structures and related materials are owned by or licensed to the applicable XGlobal entity.

This may include XGlobal™, XGlobal Cloud™, XMonetize™, XRewards™, XDOS™, XGlobal Ecosystem™, XGlobal Digital Participation Ecosystem™ and other current or future proprietary names and technologies.

No ownership interest is transferred to a participant merely by accessing or using an XGlobal service.

Except as expressly authorized, participants may not copy, reproduce, distribute, modify, reverse engineer, publish, sell, license, exploit, scrape, create derivative works from, or otherwise misuse protected XGlobal intellectual property.

User Content & Licenses

Where a service permits you to submit content, including text, images, video, reviews, advertisements, links, comments, promotional materials or other information, you retain ownership of your content to the extent provided by applicable law.

You represent that you have the rights necessary to submit the content and that your content does not unlawfully infringe third-party rights.

To the extent necessary to operate the applicable service, you grant the applicable XGlobal entity a non-exclusive, worldwide, royalty-free license to host, reproduce, process, transmit, display and technically modify submitted content as reasonably necessary to provide the service.

Any additional commercial or promotional license requested by XGlobal will be subject to the applicable Program or separate agreement.

Privacy & Data Protection

XGlobal may collect, use, store, disclose and otherwise process personal information in connection with its services as described in the applicable Privacy Policy and notices.

The applicable XGlobal Privacy Policy is incorporated into these Terms by reference to the extent permitted by law.

Depending on the participant, service and jurisdiction, applicable data-protection laws may include, among others, privacy and data-protection requirements applicable in the United States, European Economic Area, United Kingdom, South Africa and other jurisdictions.

XGlobal may process information for legitimate business purposes including account administration, authentication, security, fraud prevention, analytics, service delivery, customer support, compliance, legal obligations, payment processing, communications and Program administration, subject to applicable law and the applicable privacy notice.

Where required by applicable law, XGlobal will provide legally required notices, consent mechanisms, rights procedures and safeguards concerning personal information.

Participants must not submit personal information belonging to another person unless they have a lawful basis and the necessary authority to do so.

Third-Party Services & Links

XGlobal may integrate with or link to third-party websites, applications, payment processors, advertising networks, analytics providers, cloud infrastructure, communication services, identity providers and other third-party technologies.

Third-party services may be governed by separate terms, privacy policies and contractual conditions.

Except where expressly stated otherwise, XGlobal does not guarantee the availability, accuracy, security, legality, performance or reliability of third-party services.

Your use of a third-party service is subject to your relationship with that third party.

Payments, Taxes & Financial Services

Unless expressly stated otherwise, XGlobal is not a bank, broker-dealer, investment adviser, securities exchange, insurer, lender, credit provider, money transmitter or other regulated financial institution merely because a service involves payments, Rewards, revenue sharing, credits or financial information.

No information provided through the XGlobal Ecosystem™ constitutes individualized investment, legal, accounting, tax, financial or other professional advice.

Payment processing may be performed by independent third-party payment providers subject to their own terms and policies.

Participants are responsible for determining and paying taxes, duties, levies, reporting obligations and other governmental charges applicable to amounts they receive or transactions they conduct, except where XGlobal is legally required to collect or remit them.

XGlobal may withhold, report, offset or collect amounts where required by applicable law or valid governmental process.

International Compliance & Restricted Activities

XGlobal operates in an international digital environment. Services may therefore be subject to applicable laws concerning sanctions, export controls, anti-money laundering, fraud prevention, consumer protection, privacy, electronic communications and other regulatory requirements.

You may not use XGlobal services in connection with prohibited transactions, sanctioned persons, restricted jurisdictions, unlawful financial activity, terrorism financing, money laundering, fraud, or other activities prohibited by applicable law.

XGlobal may conduct identity verification, sanctions screening, fraud screening, geographic checks and other risk-based compliance procedures where reasonably necessary or legally required.

XGlobal may refuse, restrict, suspend or terminate transactions or access where it reasonably believes that doing so is necessary to comply with applicable law, sanctions, regulatory requirements, risk controls or governmental orders.

Participants are responsible for complying with applicable local laws governing their use of the services, including advertising, taxation, consumer protection, data protection, business registration and electronic communications requirements.

Availability, Security & Force Majeure

XGlobal may perform maintenance, upgrades, security interventions, infrastructure changes, migrations or other operational activities that temporarily affect service availability.

XGlobal is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental actions, regulatory changes, telecommunications failures, internet outages, cyber incidents, infrastructure failures, labor disruptions, supplier failures, pandemics, severe weather, energy failures or other force-majeure events.

Nothing in this section excuses obligations that cannot lawfully be excluded or postponed under applicable law.

Suspension & Termination

XGlobal may restrict, suspend or terminate access to an account, Program, service or portion of the ecosystem where reasonably necessary to protect users, systems, partners, legal compliance, security, commercial interests or the integrity of the ecosystem.

Reasons may include:

• Violation of these Terms or applicable Program rules.
• Fraud, abuse, deception or manipulation.
• Security concerns or unauthorized access.
• Regulatory or legal requirements.
• Sanctions or compliance concerns.
• Material misrepresentation.
• Non-payment or chargebacks where applicable.
• Conduct that creates material risk to XGlobal or another person.

Termination does not automatically extinguish rights or obligations that by their nature should survive termination.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the applicable XGlobal entities and their respective officers, directors, managers, employees, contractors, licensors, service providers and representatives from third-party claims, losses, liabilities, damages, penalties, costs and reasonable expenses arising out of or relating to:

• Your violation of these Terms.
• Your unlawful or fraudulent conduct.
• Your misuse of the ecosystem.
• Your User Content.
• Your infringement of third-party rights.
• Your unauthorized marketing or earnings claims.
• Your violation of applicable laws or regulations.
• Your breach of a third-party agreement applicable to your use of an integrated service.

This indemnification obligation applies only to the extent permitted by applicable law and does not require you to indemnify an XGlobal entity for that entity's own conduct where such indemnification would be prohibited by law.

Limitation of Liability

To the maximum extent permitted by applicable law, XGlobal and the applicable XGlobal entities will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages arising from or related to the use of or inability to use an XGlobal service.

This may include, to the extent permitted by law:

• Loss of anticipated profits or revenue.
• Loss of business opportunity.
• Loss of data.
• Loss caused by service interruption.
• Loss arising from third-party services.
• Loss resulting from unauthorized activity outside XGlobal's reasonable control.

To the maximum extent permitted by applicable law, the aggregate liability of the applicable XGlobal entity for claims arising from a particular service will not exceed the greater of:

• the amount you paid to that XGlobal entity for the applicable service during the twelve months preceding the event giving rise to the claim; or
• USD $100.

This limitation does not apply to liability that cannot legally be limited or excluded under applicable law.

Nothing in these Terms excludes or limits liability for fraud, intentional misconduct, or other liability that applicable law prohibits from being excluded or limited.

Dispute Resolution

XGlobal encourages participants to first contact the applicable XGlobal support or legal department to attempt good-faith resolution of a dispute.

Where legally permitted and where the applicable service agreement expressly provides for arbitration, disputes may be resolved through individual arbitration in accordance with the applicable arbitration agreement.

Nothing in these Terms prevents a consumer from exercising a non-waivable statutory right or bringing a claim in a forum where applicable law requires that right to be available.

Any arbitration provision applicable to consumers should be separately reviewed for enforceability in each relevant jurisdiction before implementation.

Governing Law

The parties acknowledge that mandatory consumer, privacy, employment, tax, regulatory or other laws applicable in the participant's jurisdiction may apply notwithstanding the governing-law provision.

Nothing in these Terms is intended to deprive a consumer of protections that cannot lawfully be waived.

Changes to Terms & Services

The XGlobal Ecosystem™ may evolve as technology, legal requirements, business models, security requirements, market conditions and operational needs change.

XGlobal may modify, replace, suspend or discontinue features, services, Programs, reward structures, participation pathways or other components of the ecosystem, subject to applicable law and contractual obligations.

These Terms may also be amended from time to time. The updated version will identify its effective date or last-updated date.

Where applicable law permits acceptance through continued use, continued use after the effective date constitutes acceptance of the updated Terms. Where affirmative consent is legally required, XGlobal will obtain such consent.

General Legal Provisions

Severability

If any provision of these Terms is held invalid, unenforceable or unlawful, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

Waiver

Failure to enforce a provision does not constitute a waiver of the right to enforce it later.

Assignment

XGlobal may assign, transfer or delegate its rights and obligations in connection with a merger, restructuring, acquisition, corporate reorganization, sale of assets or ordinary business operations, subject to applicable law. You may not assign your rights or obligations without prior written authorization where such authorization is legally required.

Entire Agreement

These Terms, together with applicable incorporated policies, service-specific terms and written agreements, constitute the agreement governing your use of the applicable service and supersede prior representations concerning the same subject matter, except where a separate written agreement expressly provides otherwise.

Electronic Communications

You consent, where legally permitted, to receive notices, disclosures, agreements, records and other communications electronically. Electronic records and electronic acknowledgements may satisfy writing and signature requirements to the extent permitted by applicable law.

Notices

XGlobal may provide notices through the applicable platform, email, account dashboard, website publication or other reasonable electronic method permitted by law.

Survival

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, privacy, payments, taxes, indemnification, limitations of liability, dispute resolution, governing law and general legal provisions.

Consumer Rights

Nothing in these Terms is intended to exclude, restrict or waive a right that cannot lawfully be excluded, restricted or waived under applicable law.