TERMS OF SERVICE

Last Updated: March 19, 2025

Welcome to mobile.xyz. These Terms of Service ("Terms") govern your access to and use of the mobile.xyz website and the mobilexyz web3 protocol (collectively, the "Service"). The Service is operated by 1001159823 Ontario Inc., a corporation duly organized under the laws of Ontario, Canada ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

Acceptance of Terms

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms. You represent that you are of legal age to form a binding contract and are not prohibited from using the Service under any applicable laws.

Description of Service

The Service provides access to the mobilexyz web3 protocol and related features. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

User Accounts and Registration

You may need to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

User Responsibilities

You are responsible for all activities that occur under your account. You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service.

Intellectual Property Rights

All content, features, and functionality of the Service are owned by the Company or the Company has obtained sufficient trademark rights for the same, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. The Company either owns or has obtained appropriate licenses for all intellectual property rights necessary to operate the Service. Any use of the Service or its contents, except as expressly authorized, is strictly prohibited.

Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content or practices of any third-party websites or services.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted or error-free.

Limitation of Liability and Claims

By accessing or using the Service, you expressly agree that any legal claims or proceedings may only be brought against 1001159823 Ontario Inc., the corporation itself, and not against any of its officers, directors, employees, shareholders, agents, or affiliates in their individual capacities. You agree that the maximum aggregate liability of the Company for any claims arising out of or related to these Terms or the Service shall be limited to the lesser of: (a) the amount you paid to use the Service in the twelve months preceding the claim, or (b) CAD 100.00.

Arbitration Agreement

You agree that any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be referred to and finally resolved by binding arbitration administered by ADR Chambers pursuant to its Arbitration Rules. The place of arbitration shall be Toronto, Ontario, Canada. The language of arbitration shall be English. The decision of the arbitrator shall be final and binding on all parties.

If for any reason this arbitration agreement is found to be unenforceable, you agree that any disputes shall be resolved exclusively in the courts of Ontario, Canada, located in the city of Toronto.

Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, shareholders, and agents from any claims, damages, expenses, or losses arising from your use of the Service.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Subject to the Arbitration Agreement above, you agree that any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Ontario Superior Court of Justice at Toronto, Canada, 393 University Avenue, located in the city of Toronto.

Alternative Jurisdiction

In the event that a court of competent jurisdiction in the United States determines that the foregoing jurisdiction and venue provisions are unenforceable and that a United States venue is required, then you agree that all disputes shall be heard exclusively in courts within the State of Ohio, in the city of Columbus, including either the Ohio State Court or the U.S. District Court for the Southern District of Ohio, located at 85 Marconi Boulevard, Columbus, Ohio, based on the matter's scope and complexity.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the updated Terms on the Service. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

Contact Information

If you have any questions about these Terms, please contact us via email:

admin@corp.mobile.xyz

These Terms constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service.