9. Indemnification

1. None of the Indemnified Parties shall not be liable to you for any Losses, arising out of or in any way connected with:

   1. the use or performance of the Site or the Services thereon;

   2. trading activities conducted on the XREX platform;

   3. the withdrawal or settlement process;

   4. the delay or inability to use the Site or the Services thereon;

   5. any Force Majeure Event;

   6. the provision of or failure to provide the Site or the Services thereon;

   7. any third-party operator or open-source software on which the Services provided by XREX may be reliant on;

   8. any changes to the operation of the underlying protocols of a blockchain or other circumstances that XREX has no control over, which may result in one or more blockchains emanating from the original blockchain (as applicable);

   9. any distributions made by third parties of new DPTs to eligible persons (including distributions whereby the new DPTs are intended to replace existing DPTs) (as applicable);

   10. any information, data, software, products, services and related graphics obtained through the Site or the Services thereon;

   11. any reliance on any statement, opinion, representation or information on the Site or the Services thereon; or

   12. otherwise arising out of the use of the Site or the Services thereon,

   whether based on contract, tort, strict liability or otherwise, except where such Losses arise from fraud by XREX.

2. You shall irrevocably and unconditionally defend, indemnify, and hold harmless the Indemnified Parties from and against any and all Losses arising out of or relating to: (a) your use of, or conduct in connection with, the Services, whether or not such access or use was authorised or whether it was due to any act or omission on its part; (b) any Feedback or User Content you provide; (c) your violation of these Terms including any representation, warranty, agreement or undertaking by you under this Agreement or our enforcement of this Agreement; (d) your violation of any Applicable Laws or the rights of any other person or entity; and/or (e) any sum or obligation expressed to be payable or liable to be performed under this Agreement not being paid or performed by you by the time, on the date and otherwise in the manner specified in this Agreement.

3. If you are obligated to indemnify any Indemnified Party, XREX (or, at our discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to assume control of any action or proceeding and to determine whether to settle such matter and on the terms of such settlement.

4. Limitation of Liability. In the event that XREX is liable to you for damages, you agree that XREX’s aggregate liability to you for any and all Losses shall not exceed the total amount of fees and charges paid by you to XREX in the 12-month period immediately preceding the time such liability arose.