FX1 Platform Terms and Conditions

3.3 Without limiting the above, you must not, and must not permit a third party to:

• (b) use any unauthorised method or process (including data scraping, web-bots, collection or accumulation tools, robots, spiders or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any data or content from the Website, App or Platform;
• (c) circumvent, disable or otherwise interfere with security-related features of the Website, App or Platform;
• (d) do anything which will or may damage, disrupt access to, create an undue burden on or otherwise interfere with the proper operation of the Website, App or Platform; or
• (e) upload or permit any virus or malicious code to adversely affect the Website, App, Platform or any associated equipment, infrastructure or data.

3.4 You agree to indemnify us against any third-party claims made against us as a result of your breach of these Platform Terms, including claims that any of your User-Generated Content or Feedback infringe third party rights or any laws or contractual obligations. Your liability under this indemnity will be reduced to the extent the claim was caused or contributed to by our breach of these Platform Terms, or our negligent or unlawful conduct.

3.5 If you believe that a user has breached any of these Platform Terms, please email info@FX1.io with details.

4. User-Generated Content

4.1 We may from time to time offer areas in the Website, App or Platform where you and other users can post, chat, instant message or otherwise communicate with other users. You are responsible for any content including posts, messages and other communications (User-Generated Content) submitted or uploaded via the Website, App or Platform using your account and must ensure that such User-Generated Content complies with clause 3.

4.2 FX1 is not responsible for, and accepts no liability with respect to, any User-Generated Content that is uploaded, posted, transmitted or otherwise made available on the Website, App or Platform by any person other than FX1. We do not endorse any opinion, view, advice or statement made by anyone other than FX1.

4.3 We reserve the right at our discretion to block or suspend any user, and to modify or remove any User-Generated Content, without notice. We have the right to disclose your identity to any third party who is claiming that any User-Generated Content submitted or uploaded by you on the Website, App or Platform constitutes a violation of their intellectual property rights or of their right to privacy.

5. Feedback

5.1 We may from time to time offer areas in the Website, App or Platform where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials in relation to our business, products and services (collectively, Feedback).

5.2 By posting Feedback, you represent and warrant that:

• (a) you own or otherwise control all of the rights to the Feedback, including without limitation all copyright and other intellectual property rights;
• (b) your Feedback is true, accurate, and represents your genuine and honest opinions;
• (c) your Feedback complies with clause 3; and
• (d) your Feedback does not (and our use of your Feedback will not) violate any confidentiality obligations or the rights of any other person or entity, including in relation to privacy or publicity.

5.3 You acknowledge and agree that we have the right (but not the obligation) to edit, modify, use, publish, commercialise and exploit any Feedback without any remuneration, royalty or attribution. We take no responsibility and assume no liability for any Feedback posted by you or any third party. We are not responsible for information that you choose to communicate via Feedback.

6. Breaches

6.1 We may, at any time and at our discretion, investigate any reported or suspected breach of these Platform Terms or other unauthorised or unlawful use of the Website, App or Platform.

6.2 We reserve the right to take such actions as we deem necessary to preserve the security and integrity of the Website, App and Platform, the quality of our business, products, services and reputation. These actions may include (but are not limited to) reporting any unlawful conduct to the appropriate authorities and otherwise taking appropriate legal action.

7. Intellectual Property

7.1 Unless otherwise indicated, all material on the Website, App and Platform, including the text, code, data, graphics, FX1 logos, images, audio, videos, software and any other multimedia (Content) is owned by or licensed to FX1 and all rights in the Content are reserved.

7.2 We grant you a limited right to access the Website, App and Platform, and to access the Content, subject to these Platform Terms. You must not copy, reproduce, transmit, adapt, distribute, sell, modify, publish or commercially exploit any Content for any purpose without the prior written consent of FX1 or as permitted by law. We reserve the right to review, edit, move or delete any Content at any time without notice.

7.3 By submitting or uploading User-Generated Content and/or Feedback:

• (a) you grant us (and our successors) a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, distribute, publish, create derivative works of, perform and import your User-Generated Content and/or Feedback (as the case may be) in any media now known or hereafter developed, without compensation to you;
• (b) you consent to us, our successors and sub-licensees doing anything in relation to your User-Generated Content and/or Feedback (as the case may be) that, but for this clause, would otherwise infringe any moral rights you may have under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions, and you warrant that you have procured such consent from any other person who has contributed to the User-Generated Content and/or Feedback (as the case may be).

7.4 We reserve the right to aggregate and analyse data that we collect through the operation of the Website, App and Platform, as described in our Privacy Policy.

8. Third-Party Content and Third-Party Websites

8.1 The Website, App or Platform may display the content of third parties (Third-Party Content) and/or contain links to websites operated by other organisations and individuals including social media networks (Third-Party Websites).

8.2 Third-Party Content and Third-Party Websites are not under the control of FX1. We do not endorse, approve or make any warranty or claim regarding Third-Party Content, Third-Party Websites or the products, services or information available on any Third- Party Website, or in respect of the owner or operator of a Third-Party Website or their conduct. When accessing a Third-Party Website, you should read the terms and conditions and privacy policies applying to the use of that website.

8.3 Trade marks used to refer to third parties and their products or services are the property of the relevant owner.

8.4 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

9. Privacy

9.1 By using the Website, App or Platform, you agree that we may collect, hold, use and disclose your personal information as described in these Platform Terms, in our Privacy Policy (available at https://fx1.io/privacy) and any other privacy notices that we provide you during your use of the Website, App or Platform.

9.2 When you use the Website, App and Platform, we collect personal information that you provide to us or that we generate through your use of them. This personal information is used for:

• (a) any specific purposes for which you provided it to us;
• (b) the general operation of the Website, App and Platform, including to facilitate your access to and use of them;
• (c) the uses described in our Privacy Policy; and
• (d) other purposes as otherwise notified to you.

9.3 Our Privacy Policy further describes how we collect and handle personal information in the course of our business operations as a whole. It also explains how you can seek to access or correct any personal information we hold about you, how to complain about a privacy breach and how we will deal with a privacy complaint.

10. Communications

10.1 By registering for an account, you agree that FX1 may contact you (including via email) to:

• (a) provide updates regarding the development of the Platform, Website and App; and
• (b) promote our products and services to you and the products and services of our partners.

10.2 We may contact you to discuss the potential for you partnering with FX1 to provide content, goods or services via the Platform, and to seek your consent to listing your name, business name, brand or logo on our Website, App and marketing materials as an FX1 partner. If you provide your consent, you warrant that you are authorised by the business or brand-owner concerned to provide that consent and that FX1’s use of the name, business name, brand or logo will not infringe the rights, including intellectual property rights, of any third party.

10.3 You can unsubscribe from our marketing messages at any time by clicking the unsubscribe link or following the unsubscribe instructions available in any marketing based emails sent to you.

11. Cookies

11.1 The Website and App may use 'cookies' as part of its interaction with your internet browser or device. Cookies enable us to provide you with a superior, customer-oriented service. A cookie is a small text file stored in the memory or internal storage of the computer or device you use to access the Website or App for a pre-defined period of time. We use cookies to identify specific devices in order to collect aggregated information on how visitors experience the Website and App. This information will help to better adapt the Website and App to suit personal requirements. Cookies are also necessary to keep you logged in on the Website.

11.2 Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. While cookies allow a computer to be identified, they do not contain personal information about a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

11.3 We may use cookies (as well as data collected through these cookies) for commercial purposes, including targeting and displaying advertising on our Website or App and on third-party websites, social media platforms and advertising networks. We may also use analytics data supplied by third-party vendors to inform and optimise our ad campaigns based on your prior visits to the Website and use of the App.

12. Australian Consumer Law

12.1 "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the term "Consumer" has the meaning given to it in the Australian Consumer Law.

12.2 The Australian Consumer Law provides Consumers with a number of protections and guarantees relating to goods and services (the Consumer Guarantees) that cannot be excluded, limited or modified. Nothing in these Platform Terms has the effect of excluding, limiting or modifying a Consumer's rights under the Australian Consumer Law or any other statutory rights which cannot be excluded, limited or modified.

13. Disclaimer and Liability

13.1 Data and information available on the Website, App and Platform, including analytic information and predictions, is derived from third-party sources and may use artificial intelligence and other innovative technologies designed to offer insights as quickly as possible. FX1 makes no warranties or representations as to the accuracy, currency, completeness, timeliness or reliability of any information displayed on the Website, App and Platform.

13.2 The Website, App and Platform are provided on an "as is" and "as available" basis without warranty or condition of any kind either expressed or implied. By accessing the Website, App and Platform, you assume all risks associated with their use, including the risk that your device, software or data may be damaged by any virus transmitted by the Website, App, Platform or by any Third-Party Content or Third-Party Website.

13.3 With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we exclude:

• (a) any term condition or warranty whether statutory or otherwise, including (but not limited to) any term, condition or warranty that:
  1. Content and Third-Party Content on the Website, App or Platform will be accurate or complete;
  2. the Website, App or Platform will be secure or free from bugs, viruses or harmful code;
  3. the Website, App or Platform, or any of their functions, will be continuously available without interruption or free from error; and
  4. defects will be corrected;
• (b) any liability for loss or damage incurred as a result of or in connection with our negligence, your use of, or inability to use the Website, App or Platform or your reliance on any Content or Third-Party Content available on the Website, App or Platform; and
• (c) any liability for legal costs and disbursements and, without limitation, including any direct, indirect, special, incidental, consequential or punitive damages, however caused, arising out of or in connection with the Website Content, the use or performance of the Website or any services provided by us in relation to the Website.

13.4 With the exception of any Consumer Guarantees (or other rights or remedies that cannot be lawfully excluded by agreement of the parties) that might apply, we assume no responsibility and shall not be liable for:

• (a) any damage to any device, equipment or other property you use to access the Website, App or Platform or your accessing of any Content or Third-Party Content; or
• (b) any interruptions or errors in access to the Website, App or Platform or the accuracy, timeliness, completeness, security or reliability of any Content or communications (including, without limitation, any transactions) made through or in relation to the Website, App or Platform.

13.5 You are responsible for configuring the devices and equipment you use to access the Website and App. By accessing the Website and/or App, you assume all risks associated with such use, including but not limited to the risk that your device, software or data may be damaged by any virus transmitted by the Website, App or by any Third- Party Content or Third-Party Website.

13.6 Where the Australian Consumer Law permits, we limit our liability for a failure to comply with the Consumer Guarantees:

• (a) in the case of goods, to (at our discretion):
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of the goods; or
  3. the payment of the cost of replacing the goods or of acquiring equivalent goods;
• (b) in the case of services, to (at our discretion):
  1. supplying the services again; or
  2. the payment of the cost of having the services supplied again.