Lexx Terms of Use

Effective: 1 June 2026

Table of Contents

Key Points Summary

This summary is for convenience only and does not form part of the legal terms below. In case of conflict, the full terms prevail.

| Topic | Key Point | |---|---| | What LEXX is | A SaaS trading interface — not an exchange, custodian, or financial services provider | | Squeeze Hunter | Free standalone backtesting and strategy parameter selection tool — see Schedule Squeeze Hunter (Section 25) | | MS Navigator | Free automated Smart Money Concepts (SMC) analysis Telegram bot — see Schedule MS Navigator (Section 26) | | Who can use it | EU/EEA individuals (18+) and entities; US customers are not accepted | | Subscription | Auto-renews; either party may cancel with 30 days' written notice before the end of a term | | Right of withdrawal | 14-day cooling-off period for EU consumers per Directive 2011/83/EU | | Fees | Quoted in EUR; non-refundable except as stated in the Refund Policy | | Your data | You own your data; Lexx processes it only to provide the Services — see our Privacy Policy and DPA | | RADAR AI | Uses algorithms and AI for pattern detection; does not process your personal data; transparency disclosure provided in accordance with Regulation (EU) 2024/1689 (EU AI Act) | | Uptime SLA | 99.9% monthly availability target | | Liability | Capped at fees paid in the 12 months preceding the claim; mandatory consumer rights are not affected | | Governing law | Maltese law; EU consumer protection overrides apply | | Disputes | Negotiate first → Malta Arbitration Centre (business); consumers may always sue in their home courts | | Account suspension | You have the right to appeal any restriction decision (DSA Art. 20) |

Introduction

The following terms and conditions (the "Agreement") constitute a valid, legally binding agreement made between the Customer and Lexx Software Co. Ltd., a Maltese company with registration number C 100540, having its registered office at Office 2, Room 2, Blue Angel, Triq Belvedere, Gzira, GZR 1112, Malta (LEI: 984500EAD1O715C6C507), or any of its Affiliates ("Lexx") (either of which may be referred to individually as a "party" or collectively as "parties").

By clicking the "I Agree" button (or any other similar button) below the Agreement, or by using any of the Services provided by Lexx under this Agreement, the Customer shall be deemed as having fully understood and accepted the terms contained herein. If the Customer does not agree to the terms of this Agreement, the Customer may not use Services that Lexx provides to the Customer.

The Services Lexx provides to the Customer are diverse, so supplementary agreements may apply depending on the Services used. Said supplementary agreements shall be available with the relevant Services and become an integral part of this Agreement if the Customer uses those Services. In the event of any conflict between this Agreement and any supplementary agreement(s) which apply to Services, the terms and conditions in such supplementary agreement(s) shall prevail with regard to those Services.

The provisions of this Agreement shall be applied and effective in their non-contradictory part also in case of granting a licence to use the Software and/or Services on a royalty-free basis.

The parties agree that the terms and conditions of the Agreement shall apply to any Orders which the Customer may place under this Agreement.

1. Definitions

As used in this Agreement, the following terms shall have the following meanings:

| Term | Definition | |---|---| | "Affiliate" of a party | An entity (i) which is directly or indirectly controlling such party; (ii) which is under the same direct or indirect ownership or control as such party; or (iii) which is directly or indirectly owned or controlled by such party. For these purposes, an entity shall be treated as being controlled by another if that other entity has fifty percent (50%) or more of the votes in such entity, is able to direct its affairs and/or to control the composition of its board of directors or equivalent body. | | "Agreement" | These Lexx Terms of Use and any Order Form agreed to by the parties, as well as any attached or referenced exhibits, schedules, and amendments hereto, each of which is incorporated herein by this reference. | | "Authorized User" | A named individual that is a Customer employee, representative, consultant, contractor, or agent, is authorized to use the Service pursuant to a valid subscription or other right granted by Lexx, and has been supplied a user identification and password by the Customer (or by Lexx at Customer's request). | | "Business Day" | Monday through Friday, excluding Lexx's designated holidays and public holidays in Malta. | | "Commencement Date" | The date on which the Customer has signed an applicable Order Form or when Lexx has made the Service, or any part thereof, accessible to the Customer, whichever is sooner. | | "Confidential Information" | Information exchanged in any form or media, if identified as confidential at disclosure, or if the circumstances of disclosure would reasonably indicate such treatment, including but not limited to inventions, know-how, trade secrets, financial information, and other proprietary information of the parties or the Users of the Software, any modifications thereof, and the Documentation. | | "Consumer" | A natural person acting for purposes outside their trade, business, craft, or profession, as defined in Directive 2011/83/EU (Consumer Rights Directive). | | "DPA" | The Data Processing Agreement available at /legal/data-processing-agreement/, incorporated herein by reference. | | "Documentation" | The online help materials describing the features and functionality of the Service that Lexx provides for use with the Service, as updated by Lexx from time to time. | | "Evaluation Services" | A version of the Service that Lexx has not made generally available for production use, or that Lexx otherwise makes available for the limited purpose of beta, pilot, trial, or evaluation use or similar designations. | | "Exchange Integrations" | Connections established by the Customer to supported cryptocurrency exchanges (including Binance and OKX) via API keys/tokens configured and controlled by the Customer. | | "Ideas" | Trading ideas, analytics, levels, metrics, summaries, and similar outputs generated or distributed by RADAR (whether human-curated and/or algorithmically generated). | | "Improvements" | New features, functionality, enhancements, upgrades, error corrections, and bug fixes to the Service made generally available by Lexx for no additional charge to the Customer. | | "Information" | Technical, financial, and commercial information and data relating to a party's or its Affiliate's respective businesses, finances, planning, facilities, products, techniques, and processes, including but not limited to discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, diagrams, models, samples, flow charts, data, computer programs, marketing plans, customer names, and other technical, financial, or commercial information and intellectual properties, whether in tangible or intangible form. | | "Intellectual Property" or "IP" | Patents (including utility models), design patents, designs (whether or not capable of registration), chip topography rights, copyright, trademarks, and any other form of statutory protection of any kind and applications for any of the foregoing, as well as any trade secrets. | | "Object Code" | The machine-readable form of the Software that is not in a human-readable format — compiled or otherwise transformed code designed for direct execution by a computer. | | "Order Form(s)" | Each document (written or digital) by which the Customer purchases Services pursuant to an applicable Proposal or purchase order referencing this Agreement and detailing the Services and/or Professional Service(s) to be provided by Lexx, the fees associated therewith, and any other transaction-specific terms. An Order Form may be referred to as a "Proposal" or "Purchase Order", all having the same meaning. | | "Professional Services" | Data conversion, implementation, site planning, configuration, transition or transformation services, integration and deployment of the Software, training, project management, and other consulting services provided by Lexx under a mutually agreed Order Form. | | "RADAR" | A set of Service features that generate and deliver trading ideas, analytics, and alerts (including via the web interface, email, messaging platforms, and API), as well as related educational and community activities. RADAR uses algorithms and artificial intelligence for pattern detection as further described in Section 23 (RADAR AI System — Transparency Disclosure) and Section 24 (Schedule RADAR). | | "MS Navigator" | A free, standalone automated Smart Money Concepts (SMC) analysis service delivered via Telegram. MS Navigator uses algorithms to scan market structure, detect Order Blocks, liquidity sweeps, and trend changes, delivering annotated chart analysis to users. See Section 26 (Schedule MS Navigator). | | "Squeeze Hunter" | A free, standalone backtesting and strategy parameter selection tool provided by Lexx at no charge to registered users. Squeeze Hunter enables users to test and optimise trading strategy parameters using historical market data. See Section 25 (Schedule Squeeze Hunter). | | "SaaS" | Lexx's online software-as-a-service solution provided to the Customer. | | "SaaS Metrics" | The limitation on the usage of Software, Third Party Software, or Support Service as designated and/or defined in the applicable Proposal, or the financial metric used to calculate applicable fees (such as number of "users", "end users", "calls", and the like). | | "Service(s)" | Lexx's hosted software (accessible by Authorized Users via supported web browsers through the login page at https://lexx-trade.com) as ordered by the Customer under an Order Form, including ancillary Lexx-proprietary products, Improvements, support, and related Professional Services. The Services exclude the rendering of any financial services, guarantees, or securities. | | "Software" | Any proprietary application version of software, in machine-readable Object Code (server-resident code, database schema, client-resident code) including: (i) the Documentation related to such Software, and (ii) Object Code. | | "Source Code" | Computer programming code written in a human-readable programming language (such as JavaScript, Python, Rust, or similar) that can be read and understood by software developers, prior to compilation into Object Code. | | "Subscription Term(s)" | The subscription period(s) specified in an Order Form during which Authorized Users may use the Services, subject to the terms of the Agreement. | | "Support Services" | The maintenance and support service provided by Lexx to the Customer as specified in the Service Support and Maintenance Terms available at https://lexx-trade.com, incorporated herein by reference. | | "Third Party Data" | Any data provided, input, or uploaded to the Services. | | "User" / "End User" / "Customer" | An individual permitted by Lexx to acquire or use the Software for their personal use, and not for resale, lease, loan, or redistribution. | | "User(s)" | The named or specified (by password or other user identification) individuals authorized by the Customer to use the Services. The Customer acknowledges and agrees that it is responsible for ensuring that usage of the Services by any third party is in accordance with the terms of this Agreement. A breach of this Agreement by a User shall be deemed a breach by the Customer. |

2. SaaS Nature Disclosure

2.1. Lexx provides a software-as-a-service (SaaS) trading interface — a tool that enables Customers to interact with supported cryptocurrency exchanges (currently Binance and OKX) through a unified web-based platform.

2.2. Lexx is not:

A cryptocurrency exchange, trading venue, or multilateral trading facility;
A custodian, wallet provider, or depository of digital assets;
A provider of investment advice, portfolio management, or financial services of any kind;
A crypto-asset service provider (CASP) within the meaning of Regulation (EU) 2023/1114 (MiCA);
A payment service provider or electronic money institution.

2.3. All trading activity, order placement, and asset custody occur entirely on the Customer's chosen exchange. Lexx merely transmits Customer instructions to the exchange via API connections that the Customer configures and controls. Lexx never has access to, holds, or controls the Customer's funds, crypto-assets, or exchange withdrawal permissions.

2.4. The Customer acknowledges that cryptocurrency trading involves substantial risk of loss and that past performance — whether based on live trading, back-testing, or algorithmic analysis — does not guarantee future results.

2.5. Lexx does not provide services to residents or entities located in the United States of America. The Services are designed for and offered exclusively to Customers located in the EU/EEA and other jurisdictions where such services may be lawfully offered.

3. Initial Term and Renewals

3.1. The term of this Agreement shall commence on the Commencement Date and shall continue in full force and effect until the expiration or termination of the Order Form (the "Initial Term"), unless earlier terminated by agreement of Lexx and the Customer or pursuant to Section 17 below.

3.2. The Initial Term will be automatically renewed and extended for the same period as the Initial Term (each a "Renewal Term"), unless either party gives written notice at least thirty (30) days prior to the end of the Initial Term, or any Renewal Term, of its intention to terminate.

3.3. Lexx may adjust pricing for each Renewal Term over the pricing in effect for the preceding Initial Term or Renewal Term, with at least thirty (30) days' written notice prior to the applicable Renewal Term.

3.4. The Initial Term and all Renewal Terms are collectively referred to as the "SaaS Term".

3.5. Nothing in this Section affects the Consumer's statutory right of withdrawal under Section 6.

4. Lexx Services

4.1. Services

Lexx will render the Services to the Customer pursuant to the terms and conditions set forth in the applicable Order Form, this Agreement, and materially in accordance with general performance standards. Lexx shall use commercially reasonable efforts to make the Software generally available for online access by the Customer on a 24 hour per day, 7 days per week basis ("24/7").

4.2. Availability & Support

During the Subscription Term, Lexx will maintain availability of the Service and will provide support services as described herein and in Section 5 (SLA & Service Availability). Feedback and support tickets are accessible at https://support.lexx-trade.com and via email at support@lexxsoft.com.

4.3. Access and Usage Restrictions

The Customer has a non-exclusive, non-sublicenseable, non-transferable (except as specifically permitted in this Agreement) right to access and use the Services and Documentation during the applicable Subscription Term, solely for Customer's internal business purposes subject to the limitations set forth in the Order Form(s).

The Customer will not:

(a) Sublicense, sell, transfer, assign, distribute, or otherwise grant or enable access to the Services in a manner that allows anyone to access or use the Services without an Authorized User subscription, or to commercially exploit the Services;
(b) Copy, modify, or create derivative works based on the Services;
(c) Copy any features, functions, or graphics of the Services;
(d) Allow Authorized User subscriptions to be shared or used by more than one individual Authorized User (except that Authorized User subscriptions may be reassigned to new Authorized Users replacing individuals who no longer use the Services);
(e) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the Source Code of the Software, except to the extent expressly permitted by applicable EU law (including Directive 2009/24/EC on the legal protection of computer programs);
(f) Send or store infringing, obscene, threatening, or otherwise unlawful material, including material violating third-party privacy rights;
(g) Use the Services in violation of applicable laws;
(h) Send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, or agents;
(i) Interfere with or disrupt the integrity or performance of the Services (or the data contained therein);
(j) Gain unauthorized access to the Services (including unauthorized features and functionality) or its related systems or networks;
(k) Track or seek to track any information of any other Customers;
(l) Impose an unreasonable or disproportionately large load on the infrastructure of the Services or connected systems;
(m) Use any devices, software, or routine programs to interfere with the normal operation of the Services or any other Customer's use;
(n) Impersonate or otherwise manipulate identification to disguise identity or the origin of messages or transmissions sent to Lexx.

For a comprehensive list of prohibited activities, see the Acceptable Use Policy.

4.4. Changes to the Services

Lexx may make changes to the Services that Lexx determines in its reasonable discretion to be necessary and/or desirable, including changes in computer hardware, systems, applications software, programming languages, data communications, and Customer identification procedures. In the event of changes that would materially alter the operation of the Software, Lexx will notify the Customer at least fourteen (14) calendar days in advance. Lexx reserves the right to charge the Customer for any reintegration work required to make customisations compatible with future versions/releases of the Software.

4.5. Professional Services

The Customer may request, and Lexx may agree to provide, Professional Services as agreed to by the parties in an Order Form. Lexx may:

(i) Reschedule any ordered Professional Services free of charge with at least five (5) calendar days' written notice prior to the start date; and
(ii) Cancel any ordered Professional Services free of charge with at least ten (10) calendar days' written notice prior to the start date.

Any rescheduling or cancellation shall be communicated by notification to the email address indicated in the Customer's personal account.

4.6. Services Performance

Services shall be performed as specified in the applicable Order Form and in a professional and workmanlike manner, consistent with generally recognised commercial practices and standards. The Customer agrees to provide prompt notice of any deviation, and Lexx will re-perform any service that fails to meet this standard.

Lexx shall comply with all environmental, health, and safety legislation applicable to such Services within the EU/EEA. Lexx will be solely responsible for the development, operation, and maintenance of the web platforms used for providing the Services, and for all materials posted by parties other than the Customer.

4.7. Usage Limits

Use of the Services is subject to the usage limits identified in an Order Form, which may include limitations on features and functionality.

4.8. Evaluation Services

Lexx may invite the Customer to use Evaluation Services at no charge. Evaluation Services are for evaluation and testing purposes, not for production use, and are not subject to availability or security obligations. Unless otherwise agreed, the trial period expires one (1) month after the date Lexx first makes the Evaluation Services available. Lexx may discontinue Evaluation Services at any time and may never make them generally available. To the maximum extent permitted by applicable law, Lexx will have no liability for any harm arising from Evaluation Services. Nothing in this Section excludes liability that cannot be excluded under applicable consumer protection law.

4.9. Use of De-Identified Data

The Customer agrees that Lexx may collect, aggregate, use, and disclose Services data relating to the Customer and/or End-User's traffic, routing arrangements, rates, and similar data, so long as such data is de-identified (i.e., cannot be attributed or connected to the End-User) and processed in compliance with Regulation (EU) 2016/679 (GDPR).

4.10. Change Request

Either party may propose changes to add to, reduce, or change the Services provided under an applicable Order Form ("Change Order"). Each Change Order shall specify the changes, the effect on the schedule, and any impact on Lexx's compensation. Once executed by both parties, a Change Order becomes part of the Order Form.

4.11. Delay Caused by the Customer

In the event of any delay in Customer's performance of obligations under this Agreement, the milestones, fees, and dates set forth in the Order Form shall be adjusted as reasonably necessary.

4.12. Customer Responsibilities

The Customer has exclusive control and responsibility for determining what data it submits to the Services and for obtaining all necessary consents and permissions. The Customer is responsible for the accuracy, quality, and legality of all Customer Data, and for the acts and omissions of Authorized Users. The Customer will use reasonable measures to prevent, and will promptly notify Lexx of, any known or suspected unauthorized use of access credentials.

4.13. Data Protection

During the Subscription Term, Lexx will maintain reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of Customer Data, at least as rigorous as the measures described in the DPA. Lexx will not use Customer Data except to provide the Services, or to prevent or address service or technical problems, in accordance with this Agreement. If Lexx detects or becomes aware of a personal data breach within the meaning of GDPR Article 4(12), Lexx will notify the Customer without undue delay, in accordance with the Data Processing Agreement.

4.14. RADAR as Part of the Services

RADAR is provided as part of the Services and is governed by this Agreement, the Privacy Policy, and the Refund Policy. Additional product-specific terms for RADAR are set out in Schedule RADAR (Section 24). In case of conflict between this Agreement and Schedule RADAR with regard to RADAR, Schedule RADAR shall prevail.

4.15. Squeeze Hunter as Part of the Services

Squeeze Hunter is provided as a free, standalone component of the Services and is governed by this Agreement. Additional product-specific terms are set out in Schedule Squeeze Hunter (Section 25). As a free service, Squeeze Hunter is provided without any service level commitment and is not subject to the Uptime SLA (Section 5) or Refund Policy.

4.16. MS Navigator as Part of the Services

MS Navigator is provided as a free, standalone component of the Services and is governed by this Agreement. Additional product-specific terms are set out in Schedule MS Navigator (Section 26). As a free service, MS Navigator is provided without any service level commitment and is not subject to the Uptime SLA (Section 5) or Refund Policy.

5. SLA & Service Availability

5.1. Uptime Commitment

Lexx commits to a monthly service availability of 99.9% for the core platform Services ("Uptime SLA"), measured as the percentage of total minutes in a calendar month during which the Services are available.

Monthly Availability % = ((Total Minutes − Downtime Minutes) / Total Minutes) × 100

5.2. Exclusions

The following are excluded from Downtime calculations:

(a) Scheduled maintenance windows, provided Lexx gives at least 48 hours' advance notice via the Service dashboard and/or email;
(b) Emergency maintenance required to address security vulnerabilities or critical issues, provided Lexx notifies Customers as soon as practicable;
(c) Unavailability caused by factors outside Lexx's reasonable control, including force majeure events (Section 19), internet connectivity issues, or third-party exchange outages;
(d) Unavailability resulting from Customer's equipment, software, network connections, or actions;
(e) Evaluation Services and beta features.

5.3. Service Credits

If Lexx fails to meet the Uptime SLA in a given calendar month, the Customer may request a service credit as follows:

| Monthly Availability | Service Credit (% of monthly fee) | |---|---| | 99.0% – 99.89% | 5% | | 95.0% – 98.99% | 10% | | Below 95.0% | 25% |

The total service credits issued in any calendar month shall not exceed 25% of the monthly fee for the affected Service. Service credits are the sole and exclusive remedy for failure to meet the availability target.

Service credits must be requested within thirty (30) days of the end of the affected month by contacting support@lexxsoft.com. Credits will be applied to future invoices and do not entitle the Customer to a cash refund. Service credits are the Customer's sole and exclusive remedy for failure to meet the Uptime SLA, without prejudice to the Customer's statutory rights.

5.4. Status Page

Lexx may, at its discretion, maintain a publicly accessible status page providing real-time and historical availability information.

6. EU Consumer Right of Withdrawal (14 Days)

6.1. Right of Withdrawal

If the Customer is a Consumer within the meaning of Directive 2011/83/EU on consumer rights (the "CRD"), the Customer has the right to withdraw from this Agreement within fourteen (14) calendar days from the day the Agreement is concluded, without giving any reason.

6.2. How to Exercise

To exercise the right of withdrawal, the Customer must inform Lexx of the decision by an unequivocal statement (e.g., by email to legal@lexxsoft.com or via the account settings). The Customer may use the following model withdrawal form, but it is not obligatory:

Model Withdrawal Form

To: Lexx Software Co. Ltd., Office 2, Room 2, Blue Angel, Triq Belvedere, Gzira, GZR 1112, Malta — legal@lexxsoft.com

I hereby give notice that I withdraw from my contract for the provision of the following service: [describe service / subscription plan]

Ordered on / received on: [date]

Name of consumer: [name]

Address of consumer: [address]

Signature (only if sent on paper): ___________

Date: ___________

6.3. Effects of Withdrawal

If the Customer withdraws within the 14-day period, Lexx will reimburse all payments received from the Customer without undue delay and in any event no later than fourteen (14) days from the day on which Lexx is informed of the withdrawal decision. Lexx will use the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise. No fees will be charged as a result of such reimbursement.

6.4. Early Performance and Waiver

If the Customer has requested that the Services begin during the withdrawal period by actively accessing and using the platform, the Customer acknowledges that:

(a) By using the Services before the expiry of the 14-day withdrawal period, the Customer expressly consents to the commencement of performance, and
(b) The Customer retains the right to withdraw, but will be liable to pay Lexx an amount proportional to the Services actually provided up to the time of withdrawal, compared with the full coverage of the contract (Article 14(3) of Directive 2011/83/EU).

6.5. Statutory Rights Preserved

This Section does not affect any additional statutory rights the Consumer may have under the laws of their Member State of residence.

7. No Joint Undertaking

The provision and/or use of the Services does not constitute a joint undertaking between the Customer and Lexx to furnish services to any other party. Lexx and the Customer are independent parties and shall not be deemed, by virtue of this Agreement, to be the employee, representative, partner, or joint venture of the other.

8. Billing and Payment

8.1. Fees Generally

The Customer will pay all fees and charges pursuant to the Order Form via the online payment processor specified by Lexx. Unless otherwise set forth in an Order Form:

(a) Fees are quoted and payable in EUR;
(b) Fees are based on the Services purchased as indicated in the Order Form and not actual usage;
(c) Payment obligations are non-cancelable and fees paid are non-refundable unless otherwise provided herein or required by applicable EU consumer protection law;
(d) The number of subscription rights purchased cannot be decreased during the relevant Subscription Term.

8.2. Fees for Professional Services

On a "Time and Materials" engagement, any estimated total amount is solely a good-faith estimate and not a guarantee. On a fixed-fee engagement, Customer-caused delays shall result in fee adjustments via Change Order. Professional Services purchased must be used within the period specified in the Order Form.

8.3. No Offset

No one-sided offset or deduction from the Fee(s) is permitted, except where required by mandatory applicable law.

8.4. Reimbursable Expenses

The Customer shall reimburse reasonable expenses related to travel, meals, and lodging incurred by Lexx's personnel in connection with the Services. Prepayment must be made no later than fourteen (14) days before the commencement of the relevant work, unless otherwise agreed.

8.5. Taxes

The Customer and Lexx shall respectively bear the taxes levied upon them in accordance with applicable tax laws. All settlement amounts under this Agreement may include value-added tax (VAT), withholding tax (WHT), and digital services tax or similar taxes based on the Customer's address and location of use.

The Customer shall provide Lexx with correct tax information, including their qualification as a taxpayer and VAT registration number. If a withholding tax is required by applicable laws, the Customer shall remit the tax to the relevant authorities and pay Lexx the net amount. The Customer shall provide the tax payment certificate to Lexx within sixty (60) days.

8.6. Invoicing

The Customer may request an invoice for Services rendered. If the Customer does not request an invoice within fourteen (14) days after order completion, Lexx will automatically issue an invoice using the information registered in the Customer's account.

8.7. Suspension for Late Payments

Without prejudice to its other rights and remedies, if Lexx suspends the Services for non-payment and subsequently reconnects at Customer's request, the Customer shall be charged applicable fees for the suspension period and any reconnection costs. Before suspension, Lexx will provide the Customer with at least five (5) calendar days' written notice to cure the payment default.

8.8. Future Features and Functionality

Lexx may release Improvements and additional features in its discretion. Purchases are not contingent on the delivery of future features or functionality.

9. LEXX Referral and Loyalty Programme

9.1. Participation in the Loyalty Programme is voluntary and continues until terminated by the Customer or by Lexx.

9.2. To participate, registration in the LEXX system is required. Each participant receives a unique referral link and a personal loyalty account.

9.3. Rewards are accrued as a percentage of the sum of transactions made through the referral link, taking into account all discounts and taxes. Bonuses may also be awarded for activities other than referral use, as determined by Lexx.

9.4. Accumulated funds may be used to obtain a discount on the total transaction amount in the LEXX system. The maximum discount amount is limited.

9.5. In the event of a refund for a transaction made using referral rewards, the bonus funds are not returned.

9.6. Lexx reserves the right to modify or cancel the programme's terms, notifying participants through official communication channels at least fourteen (14) calendar days in advance.

9.7. Violation of the programme rules may lead to the annulment of all accrued bonuses and exclusion from the programme.

9.8. Bonuses are valid for 365 days from the date of accrual and are annulled upon expiration.

9.9. Participants have access to analytics tools to track loyalty programme activity and may contact support@lexxsoft.com for any questions.

9.10. A participant may withdraw from the programme by sending written notice to Lexx. Upon confirmation, the participant's account will be excluded and accumulated rewards annulled.

9.11. Points to Currency Ratio: Within the Loyalty Programme, 1 point equals 1 EUR for the purpose of paying for services within the LEXX system. This ratio applies exclusively to internal platform operations and does not imply direct exchange for cash or transfer to external accounts. Points are promotional credits with no cash value and do not constitute electronic money within the meaning of Directive 2009/110/EC.

10. Compliance

10.1. At Lexx's written request, the Customer shall furnish Lexx with a signed document listing: (i) each system where the SaaS is operational; (ii) the number of Users; and (iii) actual use of SaaS Metrics.

10.2. During the SaaS Term and for one (1) year following termination, Lexx reserves the right to audit Customer's compliance no more than once annually, at Lexx's expense. Lexx shall schedule any audit at least ten (10) Business Days in advance. Audits shall be conducted during regular business hours and shall not unreasonably interfere with Customer's business.

10.3. If an audit reveals underpayment, the Customer shall pay the underpaid fees at then-current prices plus interest at the rate permitted under Directive 2011/7/EU. If underpayment exceeds five percent (5%), the Customer shall also reimburse reasonable audit costs.

11. Intellectual Property Rights and Ownership

11.1. By the Customer

The Customer grants Lexx a worldwide, non-exclusive licence to host, copy, process, transmit, and display Customer Data as reasonably necessary to provide the Services. Subject to this limited licence, the Customer owns all right, title, and interest in and to the Customer Data.

11.2. By Lexx

Lexx reserves all Intellectual Property Rights with respect to Lexx IP not expressly granted to the Customer. The Customer acknowledges that:

(a) Lexx and its licensors retain all right, title, and interest in the Lexx IP and the Services (including corrections, updates, adaptations, enhancements, and authorized copies);
(b) Any modifications to the Services made for Customer's benefit shall not affect Lexx's rights in the Lexx IP;
(c) Lexx may create original works for third parties that appear similar to deliverables provided hereunder, provided such works do not embody Customer's Confidential Information.

11.3. No Transfer of Ownership

No transfer of ownership of any Intellectual Property right occurs under this Agreement. Where software deliverables are created specifically for the Customer and identified in the Order Form, Lexx grants the Customer a worldwide, non-exclusive, fully paid, royalty-free licence to use such deliverables as permitted under this Agreement.

11.4. Use of Aggregate Information

Lexx may collect and aggregate data derived from the operation of the Services ("Aggregated Data") for operating its business, monitoring performance, and improving the Services. Aggregated Data will not reveal Customer Data, Customer Confidential Information, or personally identifiable information of Authorized Users.

12. Customer's Responsibilities

12.1. The Customer shall provide assistance as reasonably requested by Lexx in connection with the implementation and configuration of the Services, including timely access to Customer's facilities, network, hardware, and software.

12.2. The Customer shall provide Lexx with all data required for the provision of the Services in a timely manner. If changes to document formats require template modifications, the Customer will pay Professional Services fees for such work.

12.3. The Customer is responsible for acquiring and maintaining internet connectivity to access the Services. Lexx is not responsible for internet-related issues preventing access.

12.4. The Customer acknowledges that Lexx's ability to provide the Services requires Customer's cooperation. Lexx may be excused from performing Services to the extent the Customer delays or refuses to cooperate.

12.5. The Customer shall use the Services solely for the purposes identified in this Agreement and applicable legislation, including EU data protection and communications laws.

12.6. The Customer shall maintain control of all assigned user IDs, restrict disclosure on a need-to-know basis, and promptly (within one Business Day) notify Lexx of any unauthorized use or security breach.

12.7. The Customer shall use best efforts to ensure that no SaaS component (Source Code, Object Code, etc.) is displayed outside or distributed beyond the Services environment.

12.8. The Customer shall comply with all technical specifications, security guidelines, and operating protocols provided by Lexx.

12.9. The Customer shall not attempt to gain access to any data, files, or programmes to which they are not entitled under this Agreement. If such access is inadvertently obtained, the Customer shall immediately notify Lexx and safeguard the materials as Confidential Information.

12.10. The Customer shall promptly report any violation of this Section to Lexx and take reasonable steps to remedy and prevent future violations.

13. Warranties, Disclaimers, and Limitation of Liability

13.1. Mutual Warranties

Each party represents and warrants that it has the power and authority to enter into this Agreement and that its respective provision and use of the Services is in compliance with applicable laws.

13.2. Service Warranty

Lexx warrants that during the SaaS Term, the Services purchased pursuant to this Agreement will perform in accordance with the specifications in the applicable Order Form; provided, however, that:

(a) Lexx makes no representations or warranties regarding the accuracy of any data provided via the Services or the Customer's ability to provide, deliver, or pay for any product or service using the Services;
(b) This warranty shall not apply where the malfunction results from: (i) use not in accordance with Lexx's instructions or Documentation; (ii) modification by the Customer without prior written approval; (iii) malfunctioning of Customer's or third-party hardware or software; (iv) accident, abuse, or misapplication; (v) damage to Licensed Materials; or (vi) causes outside Lexx's control;
(c) Lexx is not required to respond to a warranty claim where the Customer has not timely paid amounts due.

13.3. Enforcement Actions

By accessing the Services, the Customer agrees that Lexx has the right to investigate any violation of this Agreement and take appropriate actions, including:

Temporary restriction or suspension of the Customer account;
Reporting incidents to the competent authorities;
Removing information found to be in violation.

All enforcement actions are subject to the appeal mechanism in Section 15.

13.4. Disclaimer of Additional Warranties

To the maximum extent permitted by applicable law (and without affecting any mandatory statutory rights that cannot be waived, including Consumer rights under Directive 1999/44/EC and Directive (EU) 2019/771):

Lexx and its licensors disclaim all warranties not expressly stated in this Section 13, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Lexx does not warrant that (i) the Services will meet Customer's requirements, (ii) the Software will operate in combination with hardware or software not provided by Lexx, (iii) the operation will be uninterrupted or error-free, or (iv) all errors will be corrected.

13.5. Limitation of Liability

13.5.1. To the maximum extent permitted by applicable law:

(a) Cap on liability: Lexx's total aggregate liability under or in connection with this Agreement shall not exceed the total fees actually paid by the Customer to Lexx in the twelve (12) months immediately preceding the event giving rise to the claim.
(b) Exclusion of indirect damages: Neither party shall be liable to the other for any indirect, special, incidental, or consequential damages, including loss of business, revenue, profits, or goodwill, regardless of the basis of the claim (contract, tort, or otherwise), even if advised of the possibility of such damages.

13.5.2. The limitations and exclusions in Section 13.5.1 shall not apply to:

(a) Damages arising from a party's wilful misconduct or gross negligence;
(b) Damages arising from breach of confidentiality obligations (Section 16);
(c) The Customer's payment obligations under this Agreement;
(d) Lexx's indemnification obligations under Section 14.1;
(e) Liability for death or personal injury caused by negligence;
(f) Liability that cannot be excluded or limited under mandatory applicable law, including mandatory EU consumer protection rules (particularly Council Directive 93/13/EEC on unfair terms in consumer contracts).

13.5.3. Consumer rights preserved. Nothing in this Agreement shall exclude or limit any rights that a Consumer has under mandatory provisions of the law of their Member State of habitual residence, to the extent those provisions provide greater protection. Where the Customer is a Consumer, the limitations in this Section apply only to the extent permitted by the applicable mandatory consumer protection laws.

13.6. Sole and Exclusive Remedy

Subject to mandatory consumer rights, the remedies stated in Section 13.2 are the Customer's sole and exclusive remedies and Lexx's entire liability for breach of the service warranty.

14. Intellectual Property Rights Protection

14.1. IP Infringement Indemnity by Lexx

Lexx will defend and/or settle any claims against the Customer that allege that the Software supplied under this Agreement infringes the Intellectual Property rights of a third party. Lexx will rely on Customer's prompt notification and cooperation.

Lexx may, at its sole discretion:

(a) Modify the Software so as to be non-infringing and materially equivalent;
(b) Procure a licence or replace the affected Software with a functionally equivalent alternative; or
(c) If neither option is practicable, accept return of the Software and reimburse a pro-rata portion of fees paid for the unexpired portion of the then-current Subscription Term.

14.2. Limitations on IP Indemnity

Lexx's indemnification obligations shall not apply where the alleged infringement arises from:

(i) Combination of the Software with products not provided by Lexx;
(ii) Unauthorized modification by persons other than Lexx;
(iii) Use of infringing Software where a non-infringing version was made available;
(iv) Software complying with specifications provided solely by the Customer;
(v) Misuse not permitted by this Agreement.

This Section states the sole and exclusive remedy and entire liability with respect to third-party IP infringement.

14.3. Indemnification Procedure

Should a party ("Indemnified Party") seek indemnification from the other ("Indemnifying Party"), the Indemnified Party will provide: (i) prompt written notice; (ii) reasonable assistance and cooperation; and (iii) exclusive control over the defence or settlement. The Indemnifying Party may settle without consent provided no liability is imposed on the Indemnified Party. The Indemnified Party may participate at its own expense.

14.4. Customer Indemnification of Lexx

The Customer agrees to indemnify, defend, and hold Lexx harmless from claims, losses, and expenses arising from: (a) violation of law from Customer's use of the Services; (b) violation of Lexx's or its licensors' IP; or (c) breach of this Agreement by the Customer.

15. Account Suspension and Appeal Mechanism

15.1. Grounds for Restriction

Lexx may restrict, suspend, or terminate a Customer's access to the Services where Lexx reasonably determines that the Customer has:

(a) Violated this Agreement or the Acceptable Use Policy;
(b) Failed to pay fees due under Section 8;
(c) Engaged in activity that poses a security risk to the Services or other Customers;
(d) Violated applicable law or regulation.

15.2. Notice of Restriction

Lexx shall provide the Customer with a clear and specific statement of reasons for any restriction decision at the time the restriction takes effect, or, where advance notice is not possible due to legal obligations or urgent security concerns, without undue delay thereafter, in accordance with Regulation (EU) 2022/2065 (the Digital Services Act, "DSA") Article 17.

15.3. Right to Appeal (DSA Art. 20)

15.3.1. The Customer has the right to appeal any restriction decision by submitting a reasoned complaint to legal@lexxsoft.com within thirty (30) calendar days of the restriction being applied.

15.3.2. Lexx shall:

(a) Promptly acknowledge receipt of the appeal;
(b) Review the appeal in a timely, non-discriminatory, diligent, and non-arbitrary manner;
(c) Inform the Customer of the outcome of the review without undue delay;
(d) Reverse the restriction where the appeal reveals that the restriction was not justified.

15.3.3. Where the Customer disagrees with the outcome, the Customer may refer the matter to a certified out-of-court dispute settlement body under DSA Article 21, or seek a remedy in the courts of competent jurisdiction.

15.3.4. The availability of this appeal mechanism does not affect the Customer's right to pursue legal remedies at any time.

16. Confidentiality

16.1. Obligations

"Confidential Information" means this Agreement, the Service, Lexx pricing information, Lexx technical information, Customer Data, and any other information disclosed by one party (the "Discloser") to the other (the "Recipient") that is designated as confidential or should reasonably be understood as confidential.

The Recipient may use the Discloser's Confidential Information solely to perform its obligations or exercise its rights under this Agreement. The Recipient will not disclose Confidential Information to any third party without the Discloser's prior written consent, except to employees and subcontractors bound by written confidentiality obligations who have a need to know.

The Recipient agrees to exercise due care — at least the degree of care a reasonable person would use — in protecting Confidential Information from unauthorized use and disclosure.

16.2. Exceptions

Confidential Information does not include information that:

(a) Was in the public domain at the time of disclosure;
(b) Entered the public domain after disclosure through no fault of the Recipient;
(c) Was in the Recipient's possession free of any obligation of confidence before disclosure;
(d) Was rightfully communicated free of obligation after disclosure;
(e) Was independently developed without reference to the disclosed information; or
(f) Is expressly permitted to be disclosed under this Agreement.

16.3. Compelled Disclosure

The Recipient may disclose Confidential Information in response to a valid order by a court or government body, provided the Recipient gives the Discloser prior written notice to allow the Discloser to seek confidential treatment, unless such notice is prohibited by law.

16.4. Sensitive Data

The Customer agrees not to submit the following types of information to the Services without Lexx's prior written approval: government-issued identification numbers, consumer financial account information, credit and payment card information, personal health information, or information deemed "sensitive" under GDPR Article 9 (such as racial or ethnic origin, political opinions, religious beliefs, biometric data, or sexual orientation).

Where the Customer's use of the Services involves processing personal data within the EEA, the provisions of the DPA shall apply.

17. Termination for Cause

17.1. Either party may terminate this Agreement and any applicable Order Form:

(i) Upon breach by the other party of any material term, by giving thirty (30) days' written notice to cure. If the breach is not remedied within the notice period, termination takes effect;
(ii) Immediately, if the breach relates to obligations under Sections 4.3, 11, or 16;
(iii) Immediately, if the other party ceases business, becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy proceedings.

17.2. Termination by the Customer shall not affect Lexx's accrued rights. The Customer shall return or destroy all Software, copies, and Licensed Materials.

17.3. If Lexx terminates for Customer's breach, the Customer must pay all Fees due through the end of the then-current Term, to the extent permitted by applicable law.

17.4. Any provision intended by its nature to survive termination shall remain in full force and effect.

18. Continuing Obligations Following Termination

18.1. Customer's liability for charges accrued prior to termination shall not be extinguished and shall be immediately due and payable.

18.2. Following termination, the Customer shall cease using the Services and certify within thirty (30) days that the Customer has destroyed or returned all Documentation and copies in all media.

18.3. Partial Termination. Termination of an Order Form does not terminate other Order Forms then in effect.

18.4. The provisions of Sections 8, 10, 11, 13, 14, 16, and any other term that by its nature should survive, shall survive termination or expiration of this Agreement.

19. Force Majeure

19.1. Neither party shall be liable for any delay or non-performance caused by events of force majeure — events beyond a party's control that occur after signing and were not reasonably foreseeable, and whose effects cannot be overcome without unreasonable expense or loss of time.

19.2. Lexx shall be excused from further performance for the duration of the force majeure event, provided Lexx continues commercially reasonable efforts to resume performance without delay.

19.3. If a force majeure event results in non-performance for ninety (90) days or longer, either party may terminate this Agreement immediately without liability.

20. Personal Information

20.1. Each party shall comply with their respective obligations under applicable data protection legislation, including Regulation (EU) 2016/679 (GDPR).

20.2. The Privacy Policy and DPA available at https://lexx-trade.com, incorporated herein by reference, shall govern the processing of personal information by Lexx.

20.3. The Data Protection Contact for Lexx can be reached at legal@lexxsoft.com. The competent supervisory authority is the Information and Data Protection Commissioner (IDPC), Malta.

21. Publicity

The Customer grants to Lexx the right to use, in Lexx's online and offline promotional and marketing materials, the name, logos, and other marks of the Customer as a user of Services, including for joint case studies, for so long as the Customer uses such Services. For business customers (non-consumers), this right may continue after termination unless the Customer provides written notice to revoke it. The Customer may revoke this right at any time by giving express notice to Lexx at legal@lexxsoft.com.

22. Financial Compliance

22.1. The parties acknowledge they are familiar with anti-corruption legislation in relevant jurisdictions and agree not to make payments, transfer value, or offer advantages — directly or indirectly — to government officials, political parties, or any person with intent to obtain or retain business improperly.

22.2. Both parties shall comply with all applicable domestic and international laws on economic sanctions, anti-money laundering, and counter-terrorism financing.

22.3. The Customer represents and warrants that:

(a) Neither the Customer nor its directors, executives, or (to the Customer's best knowledge) shareholders, Affiliates, agents, or employees is the subject of economic sanctions imposed by the EU, United Nations Security Council, or other relevant authorities;
(b) No funds under this Agreement are connected with sanctioned persons or activities violating applicable laws;
(c) All bank account information provided is accurate and the account is registered in accordance with applicable laws.

23. RADAR AI System — Transparency Disclosure

23.1. AI Act Transparency

In accordance with Regulation (EU) 2024/1689 (EU AI Act), LEXX provides this disclosure as part of its commitment to responsible AI governance. The RADAR system is subject to the transparency obligations set out in the EU AI Act.

23.2. What RADAR Does

RADAR is an AI-assisted feature of the Services that:

(a) Uses algorithms and artificial intelligence to detect patterns in publicly available market data (price, volume, order book data, and similar information obtained from supported exchanges);
(b) Checks news and publicly available information for non-trading risks (such as exchange hacks, security incidents, fraud reports, and similar events);
(c) Generates and delivers trading ideas, analytics, levels, metrics, summaries, and alerts based on algorithmic analysis;
(d) Works within algorithmic models using market data — it does not interact with Customers directly, does not make autonomous trading decisions, and does not execute trades on the Customer's behalf without explicit Customer action.

23.3. What RADAR Does Not Do

RADAR does not process Customer personal data (name, email, IP address, or other personal identifiers) as part of its AI-powered analysis;
RADAR does not profile individual Customers or create behavioural scores;
RADAR does not make decisions that produce legal effects on or significantly affect Customers;
RADAR does not provide investment advice or personalised financial recommendations.

23.4. Human Oversight

RADAR outputs are subject to periodic human review by Lexx's team. All RADAR outputs are clearly labelled as algorithmically generated where AI is used in their production.

23.5. Customer Acknowledgement

The Customer acknowledges that RADAR outputs are provided for informational and educational purposes only, carry inherent limitations, and that the Customer bears sole responsibility for any trading decisions made based on such outputs.

24. Schedule RADAR — Special Conditions

24.1. Nature of the Service and Disclaimers

RADAR outputs (including the Ideas) are provided for information and educational purposes only and do not constitute investment advice, an offer or solicitation to buy or sell any asset, portfolio management or trust management, or the rendering of any financial services. The Services exclude the rendering of any financial services, guarantees, or securities.

Hypothetical and back-tested results have inherent limitations. Actual results may differ due to market liquidity, slippage, data and connectivity delays, among other factors. No accuracy, completeness, timeliness, or uninterrupted delivery of Ideas is guaranteed. The general warranty disclaimers and liability limitations of this Agreement apply to RADAR in full.

Nothing in this Schedule excludes or limits any rights the Customer may have under mandatory applicable law.

24.2. Access and Use

Lexx grants the Customer a non-exclusive, non-transferable right to access RADAR within the scope of the subscribed plan for the Customer's internal use. The Customer shall not:

(a) Resell, retransmit, or publicly distribute the Ideas to third parties;
(b) Scrape, harvest, or otherwise circumvent any access controls or rate limits;
(c) Publish the Ideas in public sources without Lexx's prior written consent.

24.3. Market Data and Third-Party Services

RADAR may display or rely on data, widgets, or services of third parties (including charts, market data feeds, and messaging platforms). Such third-party terms apply to the Customer, and Lexx is not responsible for their accuracy, availability, delays, or changes.

24.4. Exchange Integrations and API Keys

The Customer is solely responsible for creating, configuring, and safeguarding its API keys/tokens, including permission scopes (e.g., trading, withdrawals), IP restrictions, and other security settings.

Lexx is not responsible for outages, restrictions, delays, order rejections, partial fills, or other events on the side of exchanges, networks, or other third parties.

24.5. Privacy, DPA, and Telemetry

The Privacy Policy and DPA apply to RADAR without limitation. Lexx may process delivery events, clicks, aggregated performance indicators, and technical telemetry to operate RADAR, prevent abuse, and improve quality. Lexx may use de-identified or aggregated data for analytics and service improvement as permitted under this Agreement.

24.6. Billing and Refunds

RADAR is offered under subscription plans as part of the Services. The Lexx Refund Policy applies on the same terms as other Services.

24.7. Eligibility and Compliance

RADAR is available only to individuals aged 18+ and entities acting through duly authorised representatives. The Customer shall comply with all applicable sanctions, AML, and anti-corruption rules. Lexx may suspend or terminate access in case of suspected violations.

24.8. Service Levels

No separate SLA is provided for RADAR beyond the general SLA in Section 5.

24.9. Language and Precedence

This Schedule may be published in multiple languages. In case of discrepancies, the English version shall prevail. For RADAR-specific matters, this Schedule prevails over the main body of the Agreement.

25. Schedule Squeeze Hunter

25.1. Description

Squeeze Hunter is a free, standalone backtesting and strategy parameter selection tool. It enables registered users to:

(a) Test trading strategies against historical market data;
(b) Select and optimise strategy parameters (entry/exit conditions, indicators, timeframes);
(c) Analyse historical performance metrics of different parameter sets.

Squeeze Hunter operates independently from the core LEXX trading platform and may be used without an active paid subscription.

25.2. No Financial Advice

Squeeze Hunter provides backtesting and analytical tools only. Outputs, metrics, and parameter suggestions generated by Squeeze Hunter:

(a) Are based entirely on historical market data and do not predict, guarantee, or imply future trading results;
(b) Do not constitute investment advice, financial recommendations, or solicitations to trade;
(c) Should not be relied upon as the sole basis for any trading decision.

The Customer acknowledges that past performance — whether backtested or live — does not guarantee future results. Market conditions change, and historical patterns may not recur.

25.3. Free Service — No SLA

Squeeze Hunter is provided at no charge. As a free service:

(a) It is not subject to the Uptime SLA (Section 5) or service credits;
(b) It is not subject to the Refund Policy;
(c) Lexx may modify, suspend, or discontinue Squeeze Hunter at any time without prior notice;
(d) Lexx will use commercially reasonable efforts to maintain availability but makes no availability guarantees.

25.4. Limitation of Liability

To the maximum extent permitted by applicable law, Lexx shall have no liability for any losses arising from the use of Squeeze Hunter, including but not limited to losses resulting from trading decisions made on the basis of backtesting results. Nothing in this Section excludes liability that cannot be excluded under applicable consumer protection law.

25.5. Data and Accuracy

Historical market data used by Squeeze Hunter is obtained from third-party sources. Lexx does not guarantee the completeness, accuracy, or timeliness of such data. Backtesting results may differ from actual trading results due to factors including but not limited to slippage, liquidity, exchange fees, and execution delays.

25.6. Account Required

Use of Squeeze Hunter requires a valid LEXX account. The Customer's use of Squeeze Hunter is subject to this Agreement, including the Acceptable Use Policy and Privacy Policy.

26. Schedule MS Navigator

26.1. Description

MS Navigator is a free, standalone automated Smart Money Concepts (SMC) analysis service delivered via Telegram. It enables registered users to:

(a) Receive automated alerts on market structure changes (Break of Structure, Change of Character);
(b) View annotated chart screenshots identifying Order Blocks, liquidity sweeps, and institutional zones;
(c) Monitor multiple trading pairs across multiple timeframes 24/7.

MS Navigator operates independently from the core LEXX trading platform and may be used without an active paid subscription.

26.2. Automated Analysis — Not Financial Advice

MS Navigator provides automated technical analysis tools only. Alerts, annotated charts, and structural analysis generated by MS Navigator:

(a) Are based on algorithmic pattern detection applied to real-time and historical market data;
(b) Do not constitute investment advice, financial recommendations, or solicitations to trade;
(c) Should not be relied upon as the sole basis for any trading decision.

The Customer acknowledges that market structure analysis is inherently probabilistic. Detected patterns may not lead to the anticipated market outcome.

26.3. Free Service — No SLA

MS Navigator is provided at no charge. As a free service:

(a) It is not subject to the Uptime SLA (Section 5) or service credits;
(b) It is not subject to the Refund Policy;
(c) Lexx may modify, suspend, or discontinue MS Navigator at any time without prior notice;
(d) Lexx will use commercially reasonable efforts to maintain availability but makes no availability guarantees.

26.4. Limitation of Liability

To the maximum extent permitted by applicable law, Lexx shall have no liability for any losses arising from the use of MS Navigator, including but not limited to losses resulting from trading decisions made on the basis of automated analysis outputs. Nothing in this Section excludes liability that cannot be excluded under applicable consumer protection law.

26.5. Data and Accuracy

Market data used by MS Navigator is obtained from third-party sources. Lexx does not guarantee the completeness, accuracy, or timeliness of such data. Automated analysis results may differ from manual analysis due to factors including but not limited to data latency, algorithmic interpretation, and evolving market conditions.

26.6. Telegram Delivery

MS Navigator delivers alerts and analysis via Telegram. Lexx is not responsible for delays, failures, or disruptions in Telegram's service. Users are subject to Telegram's own terms of service when using MS Navigator.

26.7. Account Required

Use of MS Navigator requires joining the designated Telegram group. The Customer's use of MS Navigator is subject to this Agreement, including the Acceptable Use Policy and Privacy Policy.

27. Assignment

27.1. The Customer may not assign or transfer this Agreement or any Order Form without Lexx's prior written permission. Assignment includes: (i) sale of all or substantially all Customer assets; (ii) merger or consolidation; or (iii) change of control.

27.2. Lexx may, without the Customer's prior written consent, assign, novate, delegate, or transfer any or all of its rights and obligations to any Affiliate or acquirer of a Lexx business line. Upon the effective date of assignment, the assignee assumes all relevant rights, obligations, and liabilities, and Lexx is released from them. The Customer will cooperate to ensure a smooth transition.

28. Governing Law and Jurisdiction

28.1. Governing Law

This Agreement and all Orders hereunder shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict-of-laws principles.

28.2. EU Consumer Protection Override

Where the Customer is a Consumer habitually resident in an EU/EEA Member State, the Customer shall also benefit from any mandatory provisions of the consumer protection law of their Member State of habitual residence that provide greater protection than Maltese law. In accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I), the choice of Maltese law shall not deprive a Consumer of the protection afforded by the mandatory rules of their habitual residence.

28.3. Consumer Jurisdiction

A Consumer may bring proceedings:

(a) In the courts of Malta; or
(b) In the courts of the Member State in which the Consumer is domiciled (Article 18 of Regulation (EU) No 1215/2012, Brussels I Recast).

Lexx may bring proceedings against a Consumer only in the courts of the Member State in which the Consumer is domiciled.

29. Dispute Resolution

29.1. Negotiation

The parties will attempt in good faith to negotiate a settlement to any dispute arising out of or in connection with this Agreement within thirty (30) days of the dispute being raised.

29.2. Arbitration (Business Customers)

For disputes involving business Customers (i.e., Customers who are not Consumers), all disputes that cannot be resolved through negotiation shall be finally settled by the Malta Arbitration Centre according to the Arbitration Act (Chapter 387 of the Laws of Malta), by one or more arbitrators appointed in accordance with the said Act. The language of proceedings shall be English, and the place of arbitration shall be Malta. The arbitration award will be final and binding.

29.3. Consumer Dispute Resolution

29.3.1. Consumer Dispute Resolution. Consumers may submit complaints to Lexx at legal@lexxsoft.com. If the dispute cannot be resolved directly, Consumers may contact the consumer protection authority in their Member State of habitual residence.

29.3.2. Consumers are not required to submit to arbitration and may at all times bring proceedings in the competent courts of their Member State of domicile, in accordance with Section 28.3.

29.3.3. Nothing in this Section prevents either party from seeking interim or injunctive relief from any court of competent jurisdiction.

29.4. Confidentiality of Proceedings

The proceedings, documents, submissions, and final award shall be deemed Confidential Information under this Agreement.

30. Miscellaneous

30.1. Delivery

Lexx will use commercially reasonable efforts to deliver the Services in a timely manner.

30.2. Severability

Should any court of competent jurisdiction declare any term of this Agreement void or unenforceable, such declaration shall have no effect on the remaining terms. Any invalid provision shall be replaced by a valid provision implementing the commercial purpose of the original provision.

30.3. No Waiver

The failure of either party to enforce any rights hereunder shall not be deemed a waiver of subsequent enforcement.

30.4. Changes to this Agreement

Lexx reserves the right to update documents referenced herein to reflect changes to the Services, provided that such amendments shall not materially degrade the level of Services during the SaaS Term.

Lexx may amend this Agreement by publishing the amended version at /legal/terms-and-conditions/. Amendments shall enter into force no earlier than fifteen (15) calendar days after publication. Lexx will notify the Customer by email to the address associated with the Customer's account. Continued use of the Services after the effective date constitutes acceptance of the amended Agreement. Where the Customer is a Consumer, the Consumer's express consent shall be obtained for any material changes as required by applicable consumer protection law, and the Consumer retains the right to terminate the Agreement if they do not agree with the changes.

30.5. Order of Precedence

In the event of conflict: (1) Schedule RADAR prevails for RADAR-specific matters; (2) Schedule Squeeze Hunter prevails for Squeeze Hunter–specific matters; (3) this Agreement prevails over any Order Form; (4) an Order Form may prevail over this Agreement only if it specifically references the conflicting section and is signed by an authorised signatory of Lexx.

30.6. Counterparts

This Agreement may be executed in one or more counterparts, each considered an original, and all together constituting one instrument.

30.7. Notices

All notices shall be in writing and effective: (i) if mailed by registered mail, seven (7) days after mailing; (ii) if sent by messenger, upon receipt; (iii) if sent via email, upon confirmation of receipt or (if transmitted on a non-Business Day) on the first Business Day following transmission.

30.8. Entire Agreement

This Agreement, together with all Order Forms, the Privacy Policy, the DPA, the Refund Policy, the Cookie Policy, and the Acceptable Use Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, negotiations, and representations.

Contact Information

Lexx Software Co. Ltd. Registration No. C 100540 | LEI: 984500EAD1O715C6C507 Office 2, Room 2, Blue Angel, Triq Belvedere Gzira, GZR 1112, Malta

| Purpose | Contact | |---|---| | Legal matters & withdrawal | legal@lexxsoft.com | | Technical support | support@lexxsoft.com | | General enquiries | office@lexxsoft.com | | Data Protection Contact | legal@lexxsoft.com | | Consumer disputes | legal@lexxsoft.com | | Supervisory authority (data protection) | IDPC — Information and Data Protection Commissioner, Malta |