LendeXe Terms of Service

These terms (“Terms”) define the terms under which Lendexe Inc., incorporated and registered in Marshall Islands with an entity number 114808 and address Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, MH 96960 (“LendeXe” or “We”) provides access and the use of LendeXe protocol, its features and other LendeXe services (as defined below) to its users (“User” or “You”). 

These Terms constitute a legally binding agreement and create a binding contract between You and LendeXe. Therefore you should take time to read these Terms carefully and thoroughly and seek professional legal advice, if you do not understand the Terms. If you do not agree with all of the provisions of these Terms, you must not access or use LendeXe protocol and services. 

By accessing or using LendeXe protocol, its features or other LendeXe services, Users accept these terms, confirm a binding contract with Us and agree to comply with the Terms. You understand and agree that We will treat your access or use of the LendeXe protocol, its features or other LendeXe services, as acceptance of the Terms from that point onwards.

  • General

 

  1. LendeXe Privacy Policy and any other mandatory policies that You can access on the www.lendexe.fi (“Website”) or other agreements entered into separately between You and LendeXe are considered an integral part of these Terms and have the same legal effect. Your access and use of the LendeXe protocol, its features or other LendeXe services is conditional on the acceptance of all supplementary terms as published on the Website.

 

  1. We reserve the right to amend or modify these Terms at our own discretion at any time by posting such amended or modified Terms on the Website. Any and all modifications or changes will become effective upon publication and You agree and acknowledge that LendeXe will not explicitly notify You about the possible amendments and modifications to these Terms. You should look at the Terms regularly to review the most up-to-date version and to check for such changes. By continuing to access and use the LendeXe protocol, its features or other LendeXe services once the revised Terms are effective, You agree to be bound by the Terms. In case you do not agree to the new Terms, you must stop accessing and using the  LendeXe protocol, its features or other LendeXe services. 

  • LendeXe Protocol and Services

 

  1. LendeXe protocol is a decentralized protocol, providing Users the functionality to have access to the time value of their cryptocurrencies by depositing them into the protocol or using them as collateral to borrow other cryptocurrencies (“Protocol”).

 

  1. The Protocol provides the following features:
  • P2P Lending and Borrowing service
  • LendeXe Stablecoin XSD
  • LendeXe Stablecoin LXD
  • Interest-Free Loan
  • Ultimate Loan
  • XSD Stabilizer
  • LEXE Burning Mechanism
  • and others

(altogether “Services”).

 

  1. Protocol and Services are provided and accessible through the Website.

 

  1. LendeXe does not control or operate the Protocol. The Protocol is managed, controlled and operated by the holders of the LEXE native governance tokens (“Tokens” or “LEXE”). Holders of Tokens are not granted any legally enforceable rights or entitlements.The Protocol may enable holders of Tokens to make certain proposals with respect to the Protocol for all Token holders to perform several functions.

  • Fees

 

  1. LendeXe does not charge any fee for the service of Lending/Borrowing. Fees are for further features of the Protocol. The collected fee is to buy-back and burn LEXE or to be poured into the reserve factor.

 

  1. Any service or other fees or any other prices of Services offered on the Protocol shall be stated at all times on our Website and available to You before you make your purchase. If not expressly stated otherwise, all fees and prices are exclusive of VAT and any other taxes applicable.

 

  1. Prices listed are, unless stated otherwise, exclusive of transaction costs charged by Ethereum network or any other blockchain network in the network’s native currency to compensate for the computing energy required to successfully process and validate transactions on blockchain (“Gas Fees”). Payment of Gas Fees is entirely separate and independent from payments made to Us for our Services. 

  • Users

 

  1. Users must be at least 18 years old (or the applicable age of majority and contractual capacity in each qualifying jurisdiction). By accessing or using the Protocol and Services You represent and warrant that You are 18 or older.

 

  1. If You are accessing or using the Protocol, its features or Services, on behalf of a business or entity, then “You” includes you and that business or entity, You represent and warrant that You are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that You agree to these Terms on the entity’s behalf, and Your business or entity is legally and financially responsible for your access or use of the LendeXe Protocol, its features or other Services.

 

  1. Ineligible Persons. Any person or entity, including anyone acting on its behalf, being based, domiciled, located or incorporated in or is a citizen or resident or green card holder in any territory under the jurisdiction of the United States of America, including any state of the United State of America or the District of Columbia (the “USA”), or Canada, Republic of Korea, Singapore, the People’s Republic of China, Bosnia, Albania, belarus, Burma, Côte d’Ivoire, Cuba, Democratic republic of Congo, Congo-Brazzaville, Congo-Kinshasas, Iran, Iraq, Liberia, North Korea, Sudan, Syria, Tajikistan, Zimbabwe or any other country or territory included in the OFAC or and other US, UN, EU or other applicable sanctions list (together: “Restricted Area”), as well as an individual, or an individual employed by or associated with an entity, identified on denied persons, unverified, or entity lists, or OFAC’s list of specially designated nationals, foreign sanctions evaders, or list of consolidated sanctions, or DDTC’s debarred parties list may not use or access the Website, the Platform, the Services and must leave the Website and the Platform immediately (“Ineligible Persons”, and each such person or entity individually, “Ineligible Person”).  

  • Using the Protocol and Prohibited Use

 

  1. Your access to and use of the Protocol and Services is subject to these Terms and all applicable laws and regulations.

 

  1. We hereby grant You a personal, non-exclusive, non-transferable, non-sublicensable and limited license, subject to the terms of these Terms, to access and use the Protocol and Services solely for informational, transactional, or other approved purposes as permitted by LendeXe from time to time. Any other use of the Protocol and Services is expressly prohibited. You agree that these Terms do not grant You any rights in or licenses to the Protocol, except for this express, limited license.

 

  1. You must not, either directly or through a third party, otherwise copy, transmit, distribute, sell,  transfer, reproduce, duplicate, resell, license, decompile, reverse engineer, disassemble, modify, adapt, translate, publish, create derivative works from, perform, display, incorporate into another website, market, rent or lease, use  to advertise or performing commercial solicitation, or in any other way exploit any of the content available on the Protocol or any other part of the Protocol or any derivative works thereof, including any files, tables or documentation (or any portion thereof) in whole or in part for commercial or non-commercial purposes.

 

  1. You may not, either directly or through a third party interfere with or attempt to interfere with the proper working of the Protocol, disrupt the Protocol or any networks connected to the Protocol, or bypass any measures we may use to prevent or restrict access to the Protocol, incorporate the Protocol or any portion thereof into any other program or product (in such case, we reserve the right to refuse service, terminate accounts or limit access to the Protocol in our sole discretion) use automated scripts to collect information from or otherwise interact with the Protocol or impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity.

 

  1. In connection with Your use of the Protocol and the Services, and Your interactions with other Users and third parties You agree and represent, You will not engage in any illegal, unauthorized, or improper activity. You especially agree that You will not use the Protocol or Services to take any action that negatively affects the performance of the Protocol, including, but not limited to attempting to gain unauthorized access to the Protocol or another User’s account; or attempting to or disrupting the Protocol or Services.

 

  1. If You violate any portion of these Terms, Your permission to access and use the Protocol and Services may be terminated or suspended. In addition, We reserve the right to all remedies available by law and for any such violation.

 

  1. We reserve the right to modify or discontinue any portion of the Protocol and the Services at any time, without explicit notice to You, at our discretion for any reason or no reason. You agree that We shall not be liable to You or any third party for any modification or termination of the access to the Protocol or the Services, except to the extent otherwise expressly set forth herein.

  • No Warranty of LendeXe
  1. THE PROTOCOL AND THE SERVICES ARE PROVIDED “AS IS” AND ON “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LENDEXE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT. LENDEXE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE PROTOCOL AND THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE OR THAT IT WILL MEET YOUR REQUIREMENTS. OPERATION OF THE PROTOCOL MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. LENDEXE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE INTERFACE WILL BE CORRECTED. LENDEXE ALSO SPECIFICALLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN ANY FORM WHATSOEVER TO ANY ENTITY OR PERSON, INCLUDING ANY REPRESENTATION, WARRANTY OR UNDERTAKING IN RELATION TO THE RELIABILITY, TRUTH, ACCURACY AND COMPLETENESS OF ANY OF THE INFORMATION OBTAINED BY YOU. WE ARE NOT RESPONSIBLE FOR THE CRYPTOCURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF CRYPTOGRAPHIC TOKENS AS DENOMINATED IN ANY QUOTED CURRENCY. YOU UNDERSTAND AND AGREE THAT THE VALUE OF ANY CRYPTOGRAPHIC TOKEN CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING CRYPTOGRAPHIC TOKENS, EVEN IF OUR SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, LENDEXE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE SERVICES OR ANY MATERIALS CONTAINED THEREIN. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PROTOCOL OR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
  • Limitation of Liability
  1. IN NO EVENT SHALL LENDEXE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES OF ANY KIND, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS AND LOSS OF USE OR DATA, GOODWILL OR OPPORTUNITY), ARISING OUT OF OR IN CONNECTION WITH ANY ACCEPTANCE OF OR RELIANCE ON THESE TERMS, OR WITH THE USE OF THE PROTOCOL OR AND/OR THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ACCESS TO, AND USE OF, THE PROTOCOL, THE SERVICES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA RESULTING THEREFROM.
  1. WE DO NOT PROVIDE INVESTMENT ADVICE IN ANY MANNER WHATSOEVER. ANY INFORMATION MADE AVAILABLE ON THE PROTOCOL OR IN RELATION TO THE SERVICES SHOULD IN NO EVENT BE CONSTRUED AS PROVIDING, ANY INVESTMENT OR OTHER FINANCIAL ADVICE OF ANY KIND. YOU SHOULD ALWAYS SEEK FINANCIAL AND/OR INVESTMENT ADVICE AND DO YOUR OWN INDEPENDENT RESEARCH BEFORE USING OUR PROTOCOL OR OUR SERVICES. ALL DECISIONS AND INVESTMENT AND ANY CONSEQUENCES FLOWING THEREFROM ARE YOUR SOLE RESPONSIBILITY. WE SHALL IN PARTICULAR NOT BE LIABLE FOR LOSS OR DAMAGE INCURRED AS A RESULT OF ANY CHANGES WHICH WE MAY MAKE TO THE PROTOCOL, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROTOCOL (OR ANY FEATURES WITHIN IT), OR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM; OR YOUR FAILURE TO PROVIDE QS WITH ACCURATE ACCOUNT INFORMATION. WE SHALL NOT BEAR ANY LIABILITY, WHATSOEVER, FOR ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER MALWARE, SPYWARE, OR SCAREWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING OR OTHER ATTACKS.
  • Indemnity
  1. You agree to defend, indemnify and hold LendeXe, its present and future affiliates and service providers, and each of their present and future officers, directors, agents, advisors, joint venturers, employees and representatives, harmless from any and all claim, liability, cost, and expense, or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to Your breach of these Terms or arising out of a breach of your obligations, representations and warranties under these Terms. 

  • Retention of Intellectual Property Rights

 

  1. Intellectual Property means the Protocol and Services and proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, all and any software or software innovations (in both machine-readable forms and in source code form), computer programs, code, designs, text, graphics, pictures, data, concepts, ideas, artwork, notes, documents, data, information, materials, discoveries, inventions or other original work, including, without limitation, any additions, modifications or enhancements thereof and any selection and arrangement thereof.

 

  1. The Protocol and any of the Services, including their design elements or concepts (such as text, graphics, images, logos, page headers, button icons, and scripts) and any and all underlying Intellectual Property rights, including, but not limited to copyrights, patents, service marks, any registered trademarks, domain names and other proprietary rights, are the property of LendeXe  or its affiliates or licensors, and are protected by copyright, patent, trade secret and other Intellectual Property laws. Unless otherwise expressly stated, LendeXe or its affiliates or licensors, retain any and all rights, title and interest in and to the Protocol (including, without limitation, all Intellectual Property rights), including all copies, modifications, extensions and derivative works thereof. Your right to use the Protocol and the Services is limited to the rights expressly granted in these Terms. No licenses to use, copy or imitate in whole or in part any of trademarks or any other LendeXe’s brands, name, logo, service names, designs, logos, or slogans are to be inferred or assumed pursuant to the use of the Protocol or any of the Services. All rights not expressly granted to You are reserved and retained by LendeXe.

 

  1. You agree and represent, You will not infringe on or violate any law, contract, intellectual property or other third-party rights and will not engage in any illegal, unauthorized, or improper activity. We reserve the right, with or without notice, at any time and in our sole discretion to block access to any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
  • Miscellaneous

 

  1. Third Party Links. Links to other websites and resources provided by third parties are provided for your information only. We have no control over the contents of those websites or resources.

 

  1. Entire Agreement. These Terms sets forth the entire understanding and agreement between You and LendeXe as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among You and LendeXe.

 

  1. No Waiver. Save if expressly otherwise provided in these Terms, neither the failure nor any delay by Us in exercising any right, power, remedy or privilege under these Terms or the documents referred to herein will operate as a waiver of such right, power, or privilege, and no single or partial exercise of any such right, power, or privilege will preclude any other or further exercise of such right, power, or privilege or the exercise of any other right, power, or privilege.

 

  1. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

 

  1. Governing Law and Jurisdiction. The Terms shall be governed by, construed and enforced under the laws of Marshall Islands without regard to any choice or conflict of law rules. You hereby irrevocably agree that the courts of Marshall Islands shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms, their subject matter or formation.

Should You have any questions or comments, please feel free to contact us at: info@lendexe.fi.

These terms are last updated on the 12th of February 2023 and are effective upon the date of its publication on the LendeXe website.