Terms of Use


Welcome to the Xai Network!






1.1 These Terms set out the terms and conditions of your access to and use of the Services (as defined below). The legal entity you are contracting with for the purpose of the provision of Services is the Xai Foundation, a foundation company incorporated in the Cayman Islands ("Foundation"). Together with our personnel, affiliates and related companies, the Foundation is referred to in these Terms of Use as "we", "us," or "our". You may also interact with our personnel, affiliates and related companies.


1.2 By accessing any of our Xai.Games websites and their subdomains (the "Website"), and/or utilising any applications or tools thereon, including joining our community, participating in our games; operating Sentry Nodes, staking esXai or Sentry Keys, or otherwise interacting with the Xai Network (collectively, the "Services"), you agree to be bound by these terms and conditions between you and us, including any revisions from time to time as may be published on our websites (these "Terms"). You further agree to the collection of personal and other data by the Foundation as set out in our Privacy Policy, a copy of which is located on our websites. Our Privacy Policy is hereby incorporated by reference in these Terms.


1.3 We reserve the right, at our sole discretion, to change or modify any portion of these Terms of Use at any time. If we do this, we will publicly post the updated Terms of Use on the Website and will indicate at the top of this page the date that these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the “Terms of Use” link on the Website. Your continued use of Website and/or the Services from and after the date any such changes become effective constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the website or make use of the Services.


1.4 You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications (if any) from time to time. PLEASE READ THESE TERMS CAREFULLY and please do not visit, access, or use the Website and/or participate in any of the Services if you disagree with any of the terms and conditions therein.


1.5 To the extent you are the operator of a Sentry Node, these Terms should be read alongside the Sentry Node License Agreement with our affiliated company, Xai Company Limited. A copy of this agreement is available at https://xai.games/sentrynodeagreement and agreeing to abide by this agreement is a prerequisite to the operation of a Sentry Node.


1.6 To the extent you are involved in staking on the Xai Network, these Terms should be read alongside the Staking Terms and Conditions, which are available here https://xai.games/stakingterms and a prerequisite to staking Tokens on the Xai Network.




1.1 By accessing, browsing or otherwise using the Website, or participating in any other aspect of the Services, you represent and warrant to us that:


(a) you have read, understood, and agree to be bound by these Terms of Use;


(b) if you are an individual, that you are at least 18 years old and have capacity to enter into these Terms of Use, and agree to be legally bound by them in their entirety;


(c) if you using the Website or the Services on behalf of a corporation, legal entity or other organisation, that you have full power and authority to do so, and that the corporation, legal entity or other organisation is validly existing under the applicable laws and agrees to be bound by these Terms of Use;


(d) your access and use of the Website and Services will fully comply with all applicable laws and regulations;


(e) you are the legal owner of any digital wallet address(es) that you use to access or participate in the Services and retain control of your digital assets at all times;


(f) you will not access or use the Website or Services thereon to conduct, promote, or otherwise facilitate any illegal activity;


(g) you understand that your use of the Website and participation in the Services is entirely at your sole risk;


(h) you will at all times when asked provide accurate information regarding your nationality and country of residence;


(i) you are not a U.S. Person and will not distribute any tokens or digital assets you may receive through your participation in the Services to U.S. persons (see Section 4 below);


(j) you are not currently subject to any sanctions administered by OFAC or OFSI, and you will not directly or indirectly use the Services to finance the activities of any person currently subject to any sanctions administered by OFAC or OFSI (see Section 5 below);


(k) you will not use a virtual private network (“VPN”) or similar tool to circumvent any geo-blocking and/or other restrictions that we may have implemented in connection with the Website or the Services.


1.2 If you are unwilling or unable to provide any of the aforementioned warranties, or do not agree to any part of these Terms of Use, you may not use the Website or participate in any of the Services. If the Foundation determines that you have breached any of your representations or warranties under this section, we may block your access to the Services and to any interests in property as required by law.




2.1 The Foundation reserves the right, in its sole discretion, to determine the eligibility of users for the Website and the Services. We may require you to provide additional information or documentation to verify or confirm your eligibility, including on a periodic or ongoing basis.


Exclusion of US Persons


2.2 The Website and the Services are intended solely for users who are not U.S. Persons (as defined below). By using the Website and participating in any Services offered, you represent and warrant that you:


a) Are not a U.S. Citizen, U.S. resident, or a person holding a U.S. green card (lawful permanent resident);


b) Do not have your primary residence or domicile in the United States, including Puerto Rico, the U.S. Virgin Islands, and any other territories of the United States;


c) Are not accessing the Website from the United States, nor are you acting on behalf of a U.S. Person or transmitting information to a U.S. Person or in the United States.


2.3 For the purposes of these Terms, a "U.S. Person" is defined by the criteria outlined above and in accordance with the United States code and regulations promulgated by the United States Securities and Exchange Commission. If you are a U.S. Person, or you are accessing the Website from the United States, you are not permitted to use the Website or participate in the Services.




2.4 By using the Website and participating in any Services, you represent and warrant that you are not:


(a) Located in, incorporated or otherwise established in, or resident of, any country or territory that is the subject of sanctions or embargoes imposed by the office of Foreign Assets Control ("OFAC") of the U.S. Treasury Department or the Office of Financial Sanctions ("OFSI") of HM Treasury of the United Kingdom;


(b) An individual or entity, or acting on behalf of an individual or entity, that is listed on any sanctions list or embargoes, including but not limited to the Specially Designated nationals and Blocked Persons List (SDN) maintained by OFAC and the consolidated list of financial sanctions targeted maintained by OFSI; or


(c) Otherwise blocked or denied under any OFAC or OFSI sanctions program.


2.5 The Foundation strictly complies with all sanctions laws and regulations promulgated by OFAC and OFSI. Access to the Website and participation in the Services is expressly prohibited for any person or entity subject to such sanctions.


Risk Assessment Framework


2.6 The Organization may deny, in its sole discretion, any person or address access to the Website or the Services based on data from a Screening Service Provider which indicates that such person or address may present heightened risks.


2.7 If you provide a wallet address in connection with the Services:


(a) You agree and acknowledge that your address may be screened for threshold transactions between your address and another address associated with the following risk-exposure categories: Sanctioned Entity, Terrorist Financing, Sanctioned Jurisdiction, Child Abuse Material, Special Measures, Darknet Markets, Fraud Shop, Illicit Actor-Org, Malware, Mixing, Ransomware, Scam, Stolen Funds, and No KYC Exchange


(b) You agree and acknowledge that your address may be screened for geo-location purposes, including to detect whether you may be in a (a) comprehensively Sanctioned Jurisdiction; (b) jurisdiction subject to heightened sanctions risks enforced by certain countries, governments, or international authorities; or (c) jurisdiction otherwise considered high risk.




3.1 The following activities are specifically prohibited when using this website or any of the Services:


(a) Any use of the Website in any manner that could damage, disable, overburden, impair or otherwise interfere with any of the Foundation's servers, or the networks connected to any Foundation Server, or interfere with any other party’s access and use of the Website (including, but not limited to, the deployment of viruses and denial of service attacks).


(b) Any use in violation of any valid law such as, but not limited to, regulations for financial services, money laundering, economic sanctions, consumer protection, competition law, protection against discrimination or misleading advertising and, in particular, any violation against copyrights, patents, trademarks, trade secrets and other property rights.


(c) Any use that involves monitoring or replicating the Services or the Website without our prior written permission, including to build a similar or competitive site, services protocol or software.


(d) Any use that seeks to seeks to defraud the Foundation or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.


(e) Any use that involves encouraging or enabling any other individual or entity to do any of the foregoing or otherwise violate the Terms.


3.2 The Foundation reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including reporting the violator to law enforcement authorities.




4.1 Your use of the Website and the Services is subject to the laws, regulations, rules, guidelines and notices of any applicable governmental or regulatory authority (the "Applicable Laws and Regulations") including the laws of the Cayman Islands and the relevant jurisdiction in which you are based. You unequivocally acknowledge and agree that by using the Website and Services in any capacity, you shall act in compliance with the Applicable Laws and Regulations.


4.2 You further acknowledge and agree that:


(a) your participation in the Services does not require or involve any form of purchase, payment, or tangible consideration from or to us;


(b) you are solely responsible for the management of the private keys for, and security of, any digital wallets which you use in connection with the Services;


(c) The Foundation does not have custody or control over the contents of your digital wallets and has no ability to retrieve or transfer those contents;


(d) you are are responsible and liable for all taxes due in connection with your participation in the Services and you should consult a tax advisor as necessary;




5.1 All information provided on the Website, or otherwise provided through the Services, is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or in the Services. Before you make any financial, legal, tax or other decisions involving the Service, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.


5.2 These Terms of Use are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms of Use.




6.1 The Website and the Services are offered "as is" and "as available", and the Foundation makes no representations or warranties of any kind, whether express or implied, regarding the Website, the Services or their use. The Foundation does not warrant that the use of the Website or the Services will be uninterrupted or error free and expressly disclaims any representations and warranties as to the merchantability, fitness for a particular purpose, and non-infringement of third-party rights. No representations or warranties are made that the Website or any third-party services made available through the Website will be free from malfunctions, errors, or harmful components. All use of the Website is therefore at your sole risk as a user


6.2 You agree that we cannot be held responsible for any system failures or stoppages which prevent us from fulfilling our obligations under these Terms, provided that we used commercially reasonable efforts to prevent or limit such System Failures, or Stoppages. You also agree that we cannot be held responsible for any other circumstances beyond our reasonable control.




7.1 You acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall the Foundation, any of our affiliates, nor any of the officers, directors and employees of the Foundation or our affiliates, be liable for any claim, damages or any other form of liability, whether in action or in tort, arising from or in connection with your use or inability to use the Website, or any website linked to this Website, or any content provided on the Website or those other websites.


7.2 We further disclaim all liability arising from any reliance you placed on the materials provided on the Website, or through our Services, including the content provided by third parties. Any links to other websites are provided for your convenience. They do not signify any endorsement by the Foundation of such other websites. We have no control over or responsibility for the content provided on such other linked websites.


7.3 We do not make any representations or warranties that access to or participation in any part of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error free. Any Rewards you may receive (including any tokens) as part of the Services may have no value.


7.4 To the maximum extent permitted by law, in no event will the cumulative liability of the Foundation, any of our affiliates or any of the officers, directors and employees of the Foundation or our affiliates for any claims arising out of or related to the Terms, the Services or the Website exceed one hundred US dollars (US$100). The limitation of liability reflects the allocation of risk between the parties.


7.5 Some jurisdictions do not allow certain warranty disclaimers or limitations on liability. Only disclaimers or limitations that are lawful in the applicable jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.




8.1 You agree to defend, indemnify, and hold harmless the Foundation, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Foundation Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of another. The Foundation will provide notice to you of any such claim, suit, or proceeding. The Foundation reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting the Foundation Parties' defence of such matter. You may not settle or compromise any claim against the Foundation Parties without the Foundation's prior written consent.


8.2 You expressly agree that you assume all risks in connection with your access and use of the Service. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Service, including your interaction with the Protocol




9.1 The Website and the Services are proprietary in nature and are owned by the Foundation and its affiliates. The Website, the Services, and all material thereon, is protected by copyright and other intellectual property laws. You agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store the Website’s source code or similar proprietary or confidential data or other similar information provided via the Website or the Services, without our express prior written consent. You may not use the Website or the Services for any unlawful purpose.


9.2 We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use the Website and the Services in accordance with these Terms. All other uses are prohibited. All rights in and to the Platform, and not granted herein, are reserved.




9.3 XAI, Xai, the Xai logo and all intellectual property in connection with Website and the Services (whether registered or unregistered) (the "Xai Marks") are proprietary marks licensed to the Foundation or its Affiliates or Partners and protected by applicable trademark laws. Nothing contained in these Terms should be construed as granting any license to or right to use any of the Xai Marks displayed here without our express written consent. Any unauthorised use of the Xai Marks is strictly prohibited. You may not use any of the Xai Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any products without a separate written agreement with us. We may use technology that is the subject of one or more pending patent applications.




Third party websites


10.1 The Website may link to other websites or services operated by or with content provided by third parties, and such other websites may link to our Website ("Third Party Services"). You agree and understand that the Foundation has no control over any Third Party Services and will have no liability arising out of or related to such websites, services or their content. The existence of any third-party links on the Website does not constitute an endorsement of such websites, their content, or their operators. The Foundation is providing these links to you only as a convenience.


10.2 Any dealings you have with third parties while using the Services are between you and the third party. The Foundation will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.


10.3 Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party.


10.4 References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of product or service, advice, information or other materials displayed, purchased, or obtained by you in connection with such reference.


User Content and Feedback


10.5 You represent and warrant that you own all right, title and interest in and to any cntent that you make available via the Website or through the Services, including all copyrights and rights of publicity contained therein ("User Content"). You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.


10.6 You acknowledge that the Foundation does not pre-screen User Content, but that the Foundation and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Services. Without limiting the foregoing, the Foundation and its designees will have the right to remove from the Website, without notice, any content that violates these Terms of Use or is deemed by the Foundation, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such content.


10.7 If you provide us with any feedback or suggestions via any medium whatsoever (“Feedback”), you hereby assign to the Foundation all rights in such Feedback and agree that the Foundation shall have the right to use such Feedback and related information in any manner it deems appropriate. The Foundation will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any Feedback or other information or ideas that you consider to be confidential or proprietary for which you do not have all required permissions and consents to so submit.




11.1 All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, debts owed, general use of the Platform, disputes with us, and general provisions, shall survive the termination or expiration of these Terms.




12.1 You agree and understand that if any provision of these Terms, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental judicial, legislative or administrative body, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision of these Terms unaffected by such invalidity or unenforceability (or of such provision, to the extent its application is not invalid or unenforceable) shall remain in full force and effect.




13.1 These Terms, your use of the Website and Services, your rights and obligations, and all actions contemplated by, arising out of, or related to these Terms shall be governed by the laws of the Cayman Islands, as if these Terms were a contract wholly entered into and wholly performed within the Cayman Islands.




13.3 A printed version of these Terms shall be admissible in judicial or administrative proceedings.




14.1 This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.”




Agreement to arbitrate


14.3 You agree that any and all disputes or claims that have arisen or may arise between you and the Foundation, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify


Waiver of rights


14.4 Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Your acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees).


14.5 You and the Foundation agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and the Foundation agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.




14.6 Each party will notify the other party in writing of any Dispute within thirty (30) days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to the Foundation shall be sent by e-mail to the Foundation at [insert notification email]. Notice to you shall be either posted on the Website or, if available, will be sent by email to your email on record. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a full and sufficient description of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking.


Seat of Arbitration


14.7 If you and the Foundation cannot agree how to resolve the Dispute within thirty (30) days after the date a notice is received by the applicable party in accordance with this section, then such Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Procedure set out in Rule 5.2 of the SIAC Rules.


14.8 The seat of arbitration shall be Singapore. The language of the arbitration shall be English. The number of arbitrators shall be one.


Costs of Arbitration


14.9 Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the SIAC Rules, unless otherwise provided in this Arbitration Agreement.




14.10 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


Future Changes to Arbitration Agreement


14.11 Notwithstanding any provision in these Terms of Use to the contrary, the Foundation agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending the Foundation written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).


No Class Action Arbitration


14.12 The arbitrator does not have the authority to conduct a class arbitration or a representative or class action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.


Severability of Arbitration Agreement


14.13 If any term, clause or provision of the Arbitration Agreement contained in this section is held invalid or unenforceable, it will be so held to the minimum extent applicable and required by law, and all other terms, clauses and provisions of this Arbitration Agreement will remain valid and enforceable. Further, the waivers set forth in this Arbitration Agreement are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.


14.14 You agree that this Arbitration Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.




15.1 If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at: [email protected]