If you check "I agree/accept XTransfer User Agreement" and use or accept any services of XTransfer through registration or any other means, you shall be deemed to have read and agreed to this Agreement and voluntarily accept all contents hereof. Please confirm again that you are aware of and fully understand all contents of this Agreement before you decide to register or use the Services.

1.Definition

1.1 Users/You: users who register and/or are registering XTransfer accounts on XTransfer official websites or XTransfer official APP or WeChat official accounts or WeChat Mini Program or other official applications/websites related to XTransfer and intend to use XTransfer platform related services.

1.2 We/XTransfer: XTransfer Group, consisting of XTransfer Limited, a Hong Kong corporation, along with all its subsidiaries or affiliated companies.

1.3 XTransfer Account：the online account you have opened with us (i.e., a unique account ledger registered under your name) in accordance with the terms of this Agreement for use of our Services.

1.4 XTransfer platform: XTransfer official website, XTransfer official APP, WeChat official account, WeChat Mini Program and other online platforms that XTransfer or its business partners provide services to users.

1.5 Services：products, services, content, features, technologies or functions and all related websites and services that are offered by XTransfer or its Service Providers.

1.6 Business partners: banks, payment service providers, clearing networks and other third parties used by XTransfer in the course of providing the Services.

1.7 Affiliated party: any enterprise that controls, is controlled by or is under common control with a party. Control means directly or indirectly owning more than fifty percent (50%) of the equity, voting rights or management rights of the enterprise.

2.Scope of Agreement

2.1 [Agreement Content]The contents of this Agreement shall simultaneously include:

(1) The text of this XTransfer User Agreement;

(2) Privacy and Security Policy: XTransfer will collect, store, use and disclose privacy and personal information in specific services in accordance with the policies published in the Privacy and Security Policy. Before you register your XTransfer account, you shall carefully read the Privacy and Security Policy;

(3) Terms of Service for specific services: Once your XTransfer account is registered, you are entitle to various services on XTransfer Platform with this account accordingly. In order to better provide you with various services, XTransfer platform has formulated special terms of service for specific services for all service parties. You may view and download these special Terms of Service in [Related Specific Service website, page or application]. You should carefully read the terms of service applicable to the Service before using any service. Please be aware that we deem your register of XTransfer account and using specific services with your XTransfer account an acceptance for such service terms as well as a willingness to be bound by such service terms.

(4) Rules for special goods or services. In order to better improve the user experience, XTransfer has specially formulated detailed rules in a number of specific special goods or services for all parties to abide by.

(5) User authorization agreements related to third-party services. In order to facilitate your use of XTransfer Platform ,you may voluntarily choose to accept the services provided by the independent third party service providers and some affiliated third party service providers by means of a link jump from XTransfer Platform, and you will agree and confirm the corresponding user authorization agreement before using such third party services,which shall be deemed as the basis of your rights and obligations between you and XTransfer Platform in connection with the use of such third party Services.

In case of any inconsistency between the contents mentioned above, the latest release version shall prevail. If the release time is the same, the reversed sequence number of the components contained in this clause [Agreement Content] shall prevail.

2.2 [Agreement Compliance] You understand and agree that:

(1) The agreements, policies, terms and rules described in the above [Agreement Content] constitute an integral part of this Agreement and are jointly applicable to XTransfer platform.

(2) In accordance with changes in national laws and regulations, operational needs or for the purpose of improving service quality, XTransfer will modify and update the above agreements, terms and rules from time to time when necessary, and notify you through reasonable and significant ways such as posting on the website or mobile client, and the above modifications and updates will be implemented on the date specified in the relevant update instructions.

(3) You should check and understand the relevant updated and modified contents in a timely manner. If you do not agree with the relevant updated and modified contents, you can stop using the services involved in the relevant updated and modified contents. In this case, the changes have no effect on you; If you continue to use the services involved after the implementation of the above updates and modifications, it will be deemed that you have agreed to the updates and modifications.

3.XTransfer Account Specification

3.1Register XTransfer account

1. Information required for account registration

You acknowledge that we are required by law to carry out all necessary security and customer due diligence checks on you to provide the Services to you. You may need to provide additional information (in a format acceptable to us) so we can verify your identity as a condition of registering your XTransfer Account, processing your payment order, or providing our Services to you. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your XTransfer Account with us, or in the event of a dispute relating to this Agreement and/or activity under your XTransfer Account.

We have the right to request additional information including, but not limited to, information on shareholders, beneficial owners, control persons, authorised representatives, and/or senior management (directors or equivalent) of the business registering for an XTransfer Account. You agree to keep such information up-to-date in your XTransfer Account. You must advise XTransfer regarding any change in the ownership or its management by logging into your XTransfer Account to update the profile. We may, directly or through any third party, make any inquiries we consider necessary to validate information that you provide to us, including checking commercial databases or credit reports, using confidential means.

All information you provide during the registration process or any time thereafter must be complete, accurate and truthful. You can login into your XTransfer Account to update your profile and/or information, whenever it changes. We may refuse to provide, or discontinue, the Services to you at any time for a reason, as elaborated further in Clause 4.2 of this Agreement.

(2) Precautions for account registration

You may only register for one XTransfer Account unless we explicitly approve the registration of additional accounts. XTransfer may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, XTransfer may close or merge these duplicate accounts without notification to you.

As part of the registration process, you will need to accept this Agreement and the [Agreement Content] agreed in Clause 2.1 hereof. XTransfer holds the right to decline the opening or updating of an XTransfer Account and we also reserve the right to terminate or limit your XTransfer Account at any point, at our sole discretion.

You will be able to see information regarding the Funds, any Fees applied, available promotions and transactions in your XTransfer Account. You should check this information regularly and report any discrepancies or clarify any questions you have as soon as possible by contacting XTransfer customer support.

3.2User eligibility and Authorised Representative

You declare that:

• you are an independent corporation (or equivalent legal entity) duly organized, validly existing and in good standing under the laws of jurisdiction of incorporation;
• you have all licenses, regulatory approvals, permits and powers legally required to conduct your business in each jurisdiction in which you carry on business;
• you have the corporate power, authority and legal right to execute and perform this Agreement and to carry out the transactions and its obligations contemplated hereby; and
• your opening and/or using of XTransfer Account does not violate any laws applicable to you, including without limitation those governing payments, anti-money laundering, economic sanctions, export controls, data protection, intellectual property, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, export or import, taxation, and foreign currency exchange.

You may appoint an “Authorised Representative” (e.g., your director, officer, employee or professional advisor) to access the Services. You must provide XTransfer with relevant documents requested by XTransfer to evidence that such Authorised Representative has been legally authorised by you to enter into this Agreement on your behalf under applicable law (e.g. an authorisation letter). You must ensure that your Authorised Representative is 18 years or older, and XTransfer may request for evidence of your Authorised Representative’s age.

You agree that, your Authorised Representative has the authority to provide instructions to us for the provision of the Services on your behalf, we may rely on instructions given by the Authorised Representative, and you will be bound by his/her actions, until you provide us with written notice withdrawing or otherwise varying the authority of an Authorised Representative, and we may refuse your Authorised Representative’s access to Services if we are concerned about unauthorised or fraudulent access.

You must be in good standing with XTransfer in order to use XTransfer Services.

3.3Your responsibilities

(1)Managing your account

You must ensure that the information recorded on your XTransfer Account is always accurate and up to date, and we shall not be liable for any loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence.

We may contact you by your registered email or in other ways (such as emails or electronic communications through your XTransfer Account) with information or notices regarding your XTransfer Account. If you don't maintain or check your email and other methods of communications, you may miss emails and/or other communications about your transactions and our Services. We shall not be liable for any consequence or loss arising from this.

(2)Keep your account safe

We have implemented commercially reasonable administrative and technical procedures to protect your proprietary information from accidental loss and from unauthorised access, use or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use such proprietary information for improper purposes.

Additional XTransfer products or services you use may have additional security requirements and you must familiarise yourself with those as notified to you.

Never disclose your XTransfer Account password or your customer reference number to any third party. Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. Tell us if anyone asks for your password and contact service@xtransfer.cn if you are not sure. Contact us if you need additional support. You must never let anyone access your XTransfer Account or watch you access it.

If you suspect your XTransfer Account, login details, password or other security feature is stolen, lost, used without authorisation or otherwise compromised, you are advised to change your password. We rely on you to regularly check the transactions history of your XTransfer Account. Contact service@xtransfer.cn immediately in case of any unauthorised, incorrect, or misdirected transaction, or when you suspect that your XTransfer Account has been compromised. Any undue delay in notifying us may not only affect the security of your XTransfer Account but may also result in you being responsible for financial losses.

3.4 Abide by the laws and regulations

When you register your XTransfer account, you promise to abide by the laws and regulations, the socialist system, the national interests, the legitimate rights and interests of citizens, public order, social ethics, and the authenticity of information, and other bottom lines and guidelines.You shall not have illegal and bad information in the account registration data, and you guarantee that when you register and use your account, you shall not have the following situations:

(1) Violation of the Constitution or laws and regulations;

(2) Endangering national security, divulging state secrets, subverting state power and undermining national unity;

(3) Harming national honor and interests or public interests;

(4) Distorting, vilifying, blaspheming or denying the deeds and spirits of heroes and martyrs, or infringing upon the names, portraits, reputation or honor of heroes and martyrs by insulting, slandering or other means;

(5) Publicizing terrorism and extremism or inciting terrorist or extremist activities;

(6) Inciting national hatred and discrimination and undermining national unity;

(7) Sabotaging the state's religious policies and propagating heresies and feudal superstitions;

(8) Spreading rumors, disturbing social order and undermining social stability;

(9) Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crime;

(10) Insult or slander others and infringe upon their legitimate rights and interests;

(11) Containing other contents prohibited by laws and administrative regulations.

4.Termination/Suspension of Service

4.1Your right to terminate service:

You may terminate your XTransfer Account with us at any time by giving us 30 days’ notice in writing. The termination notice must be sent to service@xtransfer.cn from your official email address registered on records with us. Upon the effective date of termination:

(1)You will immediately cease all use of the XTransfer Account and return any and all copies of any documentation, notes and other materials comprising or regarding the XTransfer Account;

(2)All of your payment obligations under this Agreement for using Services will immediately become due and payable;

(3)We will promptly return any Funds of yours which we hold to your User Bank Account (it is your responsibility to keep your User Bank Account details up-to-date and accurate at all times); and

(4)For the avoidance of doubt, termination by either party shall not affect any provisions previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement. All provisions of this Agreement which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

4.2Termination/suspension by XTransfer:

We reserve the right to terminate your XTransfer Account or any Services associated with it.

We may at any time suspend or terminate your XTransfer Account without notice if:

(1)you breach any provision of this Agreement or documents referred to in this Agreement;

(2)we have reason to believe you are in violation of any applicable law or regulation;

(3)we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;

(4)we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity;

(5)we believe that your XTransfer Account has been compromised or for other security reasons; or we suspect your XTransfer Account has been used or is being used without your authorisation or fraudulently.

It is strictly forbidden to use the XTransfer Services for any illegal purposes including, but not limited to, fraud, bribery, money laundering or terrorism financing. You are prohibited from using the XTransfer Services in any attempt to abuse, exploit, or circumvent any law or regulation.

In case that XTransfer takes measures to restrict, suspend, freeze or terminate your use of the account in accordance with this Agreement, relevant laws and regulations or other relevant agreements and rules, you shall bear the losses (including but not limited to communication interruption, user information, virtual property and related data, value-added services, products or services, etc., clearing or inability to use) caused to you on your own.

5.Incentive (Promotion) program

From time-to-time XTransfer will run promotional programs at our sole and absolute discretion. All such programs would have their own terms and conditions pertaining to the respective program and will be notified to you as the customer via our Website and/or any other mode of communication from us.

XTransfer reserves the right to discontinue and remove access to the referral program or to refuse a reward if we suspect violation of terms or any activity we determine as abusive. We also reserve the right to modify the incentive program at any time.

6.Communications and Complaints

We will contact you using the contact details you provided in your XTransfer Account profile – please keep these up to date. By using our Services, you agree to receive electronic communications from us.

Any communications or notices sent by email will be deemed received by you on the same day, if it is received in your email inbox before 5pm on a Business Day, or otherwise, it will be deemed received on the next Business Day. Any communications or notices sent by post will be deemed received three (3) days from the date of posting for local post or within five (5) days of posting for international post. Any communications or notices sent by SMS will be deemed received the same day.

You may contact us via email, mail or telephone by using the details specified in the “Contact” section in Appendix A or the “About Us” section in our Website.

If you have any complaints about us or our Services, you may contact us in the first instance by sending an email to complaints@xransfer.cn

We will do our best to address complaints submitted in a timely manner.

7.Limitation of Liabilities

To the fullest extent permitted by applicable law, under no circumstances will xtransfer or its affiliates be liable under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, indirect, incidental, special, consequential, exemplary, or punitive damages, each of which is excluded by agreement of xtransfer and you regardless of whether such damages were foreseeable or whether xtransfer or any entity has been advised of the possibility of such damages. Notwithstanding anything in this agreement to the contrary, xtransfer’s cumulative liability, including for claims, expenses, damages or indemnity obligations under or in connection with its obligations under these terms and conditions, will not exceed the total fees payable by you to xtransfer for the services, where such services are provided in the twelve (12) full months preceding the date of the event giving rise to the claim upon which liability is based. In no event shall xtransfer, its affiliates, agents, representatives, directors, officers, or employees be liable for any act or omission resulting from circumstance beyond their reasonable control.

Nothing in this Agreement excludes either party’s liability for any loss to the extent it is caused by fraud, dishonesty or deceit, death or personal injury caused by a party’s negligence or the negligence of its employees or agents or any other liability that cannot be excluded by law.

7.1IT and infrastructure

We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programs, data or other proprietary material related to your use of our Services.

We have no control over websites linked to and from our Website and so we assume no responsibility for their content or any loss or damage that may arise from your use of them.

7.2Error resolution and unauthorized transactions

If you believe there to be an error in connection with a transaction or other problem, then you should notify XTransfer via service@xtransfer.cn or Customer service hotline published on our Website as soon as possible. We will accordingly investigate and determine whether an error occurred within 90 days after you contact us.

In case of an unauthorised settlement or mistake due to our error, we shall at your request refund the amount including all Fees deducted by us. This shall not apply:

(1)if you do not notify us promptly of any security issues on your XTransfer Account (e.g. loss of your password), via service@xtransfer.cn or Customer service hotline, which is published on our Website;

(2)if the transaction was unauthorised but you have compromised the security of your XTransfer Account with intent or gross negligence, or the unauthorised settlement arises from your failure to keep the personalized security features of your XTransfer Account safe, in which cases you shall be solely liable for all losses, except as otherwise required by applicable laws/regulations in respective jurisdictions.

(3)if you don’t let us know about the unauthorised or incorrectly completed transaction within 6 months from the date when you sent your settlement request.

Sub-clause (1) above shall not apply to settlement requests made after you have notified us via service@xtransfer.cn or Customer service hotline, in which case we shall remain liable and compensate any unauthorised transaction to you.

In addition, we rely on you to regularly check the transactions history of your XTransfer Account and to contact customer support immediately in case you have any questions or concerns.

In case of any incorrect or misdirected settlement, we will use commercially reasonable efforts to help you with tracing and recovering such settlement. We (and our Service Providers) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.

In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to fully compensate us and our Service Providers and hold us harmless. This provision will continue after our relationship ends.

7.3Partner related

XTransfer will not be liable for the loss or damage caused by any third party Service Providers.

8.Indemnification

You agree to fully indemnify and hold harmless XTransfer and its Service Providers and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the XTransfer Services, including but not limited to your violation of this Agreement.

9.Privacy

Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience.

We, and our Service Providers, automatically collect your information about your use of our Website and our online Services through cookies, web beacons, and other technologies.

We may collect and store any information you provide us when you use our Services, including when you add information on a web form, add or update your account information, participate in dispute resolutions, or when you otherwise correspond with us regarding our Services.

We may share your information with third parties, including our Service Providers, regulated institutions (e.g., financial institutions), affiliated entities, and partners after obtaining your consent at account opening.

Please refer to Privacy and Security Policy for details.

10.Intellectual Property Rights

While you are using our Services, you may use XTransfer Materials only for your business use and solely as necessary in relation to those Services.

“XTransfer Materials” include any software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you for download from our Website. You may not, and may not attempt to, directly or indirectly:

(1)transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the XTransfer Materials to any person or entity;

(2)remove, obscure, or alter any notice of any of our trade marks, or other intellectual property appearing on or contained within the Services or on any XTransfer Materials;

(3)modify, copy, tamper with or otherwise create derivative works of any software included in the XTransfer Materials; or

(4)reverse engineer, disassemble, or decompile the XTransfer Materials or the Services or apply any other process or procedure to derive the source code of any software included in the XTransfer Materials or as part of the Services.

11.Applicable Law and Dispute Resolution

This Agreement is governed by and shall be construed in accordance with the laws of the Hong Kong. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligation arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.

Appendix A XTransfer Entities and Supported Services