Terms of Use

1. Agreement

These Terms of Use are a binding agreement between you and Limitless Labs Inc. They govern your access to and use of XEL, including xel.xyz, our apps, interfaces, APIs, hosted runtime features, Character pages, and related services.

By using XEL, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use XEL.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction and have legal capacity to enter these Terms. You may not use the Services if you are barred by applicable law, located in a jurisdiction where the Services are prohibited, or subject to comprehensive sanctions or other restrictions that make your use unlawful.

3. What XEL Is

XEL lets users create, own, fund, and interact with living AI characters. XEL may use public blockchains, decentralized storage, third-party wallets, AI-model and compute providers, payment rails, bridges, and other infrastructure we do not control.

XEL is experimental. Features may change, fail, be unavailable, or be discontinued. Smart contracts, wallets, bridges, storage networks, AI systems, and cryptographic systems may contain bugs or vulnerabilities. Use XEL only with funds, data, and content you are willing to risk losing or exposing.

4. Accounts and Wallets

• You may access XEL using email sign-in, a blockchain wallet you control, a wallet provisioned for you, or other supported methods.
• You are responsible for securing your wallet, private keys, seed phrases, devices, email account, credentials, and any approvals you grant.
• We do not custody private keys for self-custodied wallets and cannot recover lost keys or reverse transactions authorized by a wallet.
• Email or similar sign-in is a convenience for account access and does not guarantee recovery of on-chain assets, funds, Characters, or content.
• You are responsible for all activity under your account or wallet. Notify us promptly if you believe there has been unauthorized access.

5. Blockchain Risk

• Blockchain transactions are generally final and cannot be reversed, canceled, refunded, or undone by Limitless Labs.
• On-chain records, including ownership, transfers, commitments, transaction histories, funding events, and fees, may be public and permanent.
• We do not control blockchains, validators, wallets, gas markets, bridges, storage networks, marketplaces, third-party protocols, forks, downtime, congestion, or exploits.
• Digital assets are volatile and may lose value. Character funding, endowments, credits, balances, and related assets may be subject to smart-contract, market, bridge, wallet, provider, and venue risks.
• Nothing in the Services is financial, investment, legal, tax, securities, commodities, or other professional advice. You are responsible for your own decisions.

6. Risk of Loss

Limitless Labs works to make XEL reliable and secure, including through reasonable technical safeguards, security reviews, and audits where appropriate. But XEL depends on blockchains, smart contracts, wallets, bridges, storage networks, AI systems, and providers we do not fully control, so no system can be made risk-free.

To the maximum extent permitted by law, you use XEL at your own risk and assume the risk of loss. Limitless Labs cannot be liable for funds, assets, Characters, content, memory, credits, balances, or other items that are lost, stolen, corrupted, inaccessible, destroyed, exposed, reduced in value, or unrecoverable, except to the extent liability cannot be excluded under applicable law.

• Funds and assets can be lost permanently. Loss may arise from network failures, smart-contract bugs, exploits, bridge or yield-venue failures, wrong addresses, key loss, wallet compromise, provider downtime, market volatility, discontinued features, or deleted or crypto-shredded content.
• We do not guarantee that any Character, memory, content, model behavior, funding source, balance, credit, or digital asset will persist, remain accessible, retain value, or be recoverable.

7. Ownership and Content

A Character may be represented by an on-chain object. Ownership and transfer of that object are determined by the applicable blockchain and smart contracts. Owning a Character does not give you ownership of XEL software, models, infrastructure, trademarks, or third-party content.

You keep the rights you hold in content you provide. You grant Limitless Labs a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, adapt for technical formatting, and use your content as needed to operate, secure, improve, and provide XEL.

For public content, you grant the additional rights needed to display, distribute, promote, and make that content available through XEL. This license survives where needed to operate persistent or transferable Characters, comply with law, resolve disputes, or account for records that cannot be erased.

8. Your Responsibilities

You are responsible for everything you bring to XEL, including content, prompts, files, media, persona material, memory sources, voice samples, likeness data, connected account imports, wallet activity, funding decisions, and instructions you provide or authorize for use with a Character.

You represent that you have all rights, licenses, permissions, and consents needed to use that content and data with XEL and grant the licenses in these Terms. You also represent that your content, data, instructions, and our processing of them to provide XEL will not violate law or anyone else's rights.

If your content, data, instructions, wallet activity, or Character causes a claim, loss, violation, or dispute, you are responsible for it to the maximum extent permitted by law.

9. Voice and Likeness

Do not create, train, operate, or promote a Character using a real person's name, persona, voice, image, likeness, or other identifying attributes unless you have all necessary rights and verifiable consent from that person or, where applicable, their representative or estate.

Voice cloning and likeness features may require special consent and recordkeeping. Unauthorized impersonation, deceptive presentation of a Character as human, deepfake misuse, defamation, harassment, and violation of publicity, likeness, biometric, or privacy rights are prohibited.

10. Payments, Fees, Credits, and Refunds

• XEL may charge protocol fees, service fees, provider fees, storage fees, gas or network fees, bridge fees, payment processing fees, or other disclosed charges.
• Fees may change prospectively. Network, gas, provider, and third-party fees may change without notice and may be non-refundable.
• Prepaid interaction credits, balances, endowments, and similar funding mechanisms may be used only as described in the Services. Except where required by law or expressly stated, on-chain payments, consumed credits, and completed transactions are non-refundable.
• You are responsible for taxes arising from your use of the Services, digital-asset transactions, earnings, transfers, tips, or other activity.
• Free, sponsored, promotional, or gas-sponsored features may be subject to eligibility, rate limits, anti-abuse checks, budgets, expiration, modification, or withdrawal at any time.

11. Acceptable Use

Do not use XEL to:

• Violate law, sanctions, third-party rights, or these Terms.
• Commit fraud, scams, phishing, unauthorized impersonation, market manipulation, money laundering, sanctions evasion, terrorist financing, or other illegal activity.
• Create or operate a Character that sexualizes, exploits, abuses, or endangers minors, or facilitates illegal, harassing, threatening, hateful, invasive, defamatory, or unlawfully harmful content.
• Upload content you do not have rights to use.
• Abuse free or sponsored features, evade rate limits, bypass anti-abuse systems, interfere with security, scrape abusively, reverse engineer except where law permits, or attempt unauthorized access.
• Misrepresent a Character as a real person or as human where that would be deceptive, unlawful, or harmful.

12. AI Limitations

Characters are software systems powered by AI and other automated tools. They may produce inaccurate, offensive, outdated, incomplete, unexpected, or objectionable outputs. Outputs are not professional advice.

If you own or operate a Character, you are responsible for its configuration, instructions, training sources, behavior to the extent within your control, disclosures to users, and legal compliance.

13. Third Parties and XEL IP

XEL works with third-party wallets, blockchains, storage networks, bridges, marketplaces, AI providers, payment processors, identity providers, analytics providers, and other services. We are not responsible for third-party services, and their own terms may apply.

Except for your content and on-chain assets you own, XEL software, interfaces, designs, text, graphics, smart contracts except to the extent released under open-source licenses, documentation, trademarks, logos, and branding are owned by Limitless Labs or its licensors.

We grant you a limited, revocable, non-exclusive, non-transferable license to use XEL as intended and in compliance with these Terms.

14. Suspension and Termination

We may suspend, restrict, disable, remove, or terminate access to the Services or to our hosting, serving, or display of a Character at any time, including for suspected violations of these Terms, legal or compliance risk, security concerns, abuse, nonpayment, or product changes.

Because Characters and records may exist on public blockchains or decentralized networks, restricting access to our interface does not necessarily delete an on-chain object, transfer ownership, reverse transactions, or prevent third parties from displaying or serving data outside our control. Provisions that by their nature should survive termination will survive.

15. Disclaimers and Liability

THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, COMPLETE, AVAILABLE IN ANY JURISDICTION, OR THAT ANY CHARACTER, MEMORY, CONTENT, CREDIT, BALANCE, ENDOWMENT, DIGITAL ASSET, OR FUNDING SOURCE WILL PERSIST, RETAIN VALUE, OR BE RECOVERABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIMITLESS LABS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST DIGITAL ASSETS, LOST GOODWILL, BUSINESS INTERRUPTION, OR SUBSTITUTE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID DIRECTLY TO LIMITLESS LABS FOR THE SERVICES IN THE SIX MONTHS BEFORE THE CLAIM OR US$100.

You agree to indemnify and hold harmless Limitless Labs, its affiliates, and their respective officers, directors, employees, agents, and licensors from claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from your content, your Character, your use of the Services, your digital-asset transactions, your violation of these Terms, or your violation of law or third-party rights.

16. Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules, except to the extent preempted by federal law or otherwise required by applicable law.

Before filing a claim, you agree to contact legal@xel.xyz and try to resolve the dispute informally. If a dispute cannot be resolved informally, the state and federal courts located in Delaware will have exclusive jurisdiction, except where applicable law requires a different forum or permits claims in small claims court.

Nothing in these Terms limits either party's right to seek injunctive or equitable relief for unauthorized use of intellectual property, security abuse, or misuse of the Services.

17. Changes and Miscellaneous

We may modify XEL and these Terms from time to time. If we make material changes, we will update the Last updated date and provide notice where appropriate. Your continued use of XEL after changes take effect means you accept the updated Terms.

• These Terms and the Privacy Policy are the entire agreement between you and Limitless Labs regarding the Services.
• If any provision is unenforceable, the remaining provisions remain in effect.
• Our failure to enforce a provision is not a waiver.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law.
• We are not liable for delays or failures caused by events beyond our reasonable control, including blockchain, network, provider, infrastructure, labor, legal, regulatory, security, or force majeure events.
• Contact: Limitless Labs Inc., Attn: Legal - XEL, legal@xel.xyz, https://xel.xyz.