Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and XPEND Technologies Inc. ("XPEND," "we," "us," or "our") governing your access to and use of the XPEND platform, including our website, applications, virtual credit card services, and related services (collectively, the "Services").

By accessing or using our Services, connecting your Solana wallet, or creating virtual cards, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

We reserve the right to modify these Terms at any time. Material changes will be communicated through the platform or via email. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be a resident of a jurisdiction where the Services are prohibited
• Not be on any sanctions list maintained by OFAC, the EU, the UN, or other applicable authorities
• Not use the Services for any illegal or unauthorized purpose
• Comply with all applicable laws and regulations in your jurisdiction

By using the Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel transactions at our sole discretion.

3. Description of Services

3.1 Virtual Credit Cards

XPEND enables you to generate virtual credit cards funded by converting Solana (SOL) to US Dollars (USD). These virtual cards can be used for online purchases at merchants that accept Mastercard worldwide.

3.2 SOL to USD Conversion

When you deposit SOL into XPEND, our liquidity pool automatically converts your SOL to USD at the current market rate. A conversion fee of 0.5% applies to all deposits. Exchange rates are determined by our liquidity providers and may vary from other exchanges.

3.3 x402 Processing

All transactions are processed through our enterprise-grade x402 payment infrastructure, which provides PCI-DSS compliant payment processing, real-time authorization, and secure merchant connectivity.

4. Account and Wallet Connection

4.1 Wallet Authentication

Access to XPEND Services requires connection of a compatible Solana wallet (such as Phantom or Solflare). Your wallet address serves as your unique identifier. You are solely responsible for maintaining the security of your wallet, private keys, and seed phrases.

4.2 Account Security

You are responsible for all activities that occur through your connected wallet. You agree to:

• Maintain the confidentiality of your wallet credentials
• Immediately notify us of any unauthorized access or security breaches
• Not share your account access with third parties
• Use strong security practices for your wallet and devices

4.3 Non-Custodial Nature

XPEND is non-custodial with respect to your SOL holdings. We only hold converted USD balances for the purpose of funding your virtual cards. Your SOL remains in your control until you initiate a deposit transaction.

5. Virtual Card Terms

5.1 Card Issuance

Virtual cards are issued subject to available USD balance and our approval. We reserve the right to limit the number of cards per account, set spending limits, and decline card creation requests without providing reasons.

5.2 Card Usage

Virtual cards may only be used for lawful purchases. Prohibited uses include:

• Illegal goods, services, or activities
• Gambling or gaming (unless specifically authorized)
• Adult content or services
• Weapons, ammunition, or explosives
• Drugs or controlled substances
• Money laundering or terrorist financing
• Purchases violating sanctions or export controls
• Fraudulent or deceptive transactions

5.3 Transaction Limits

Transactions are subject to the following default limits (may vary by account):

• Single transaction: $10,000 USD
• Daily limit: $25,000 USD
• Monthly limit: $100,000 USD

5.4 Card Expiration and Cancellation

Virtual cards expire according to their displayed expiration date. We may cancel or suspend cards at any time for suspected fraud, Terms violations, or at your request. Unused balances remain in your XPEND account.

6. Fees and Charges

The following fees apply to XPEND Services:

Fees are subject to change with 30 days notice. Blockchain network fees (gas) for SOL transactions are separate and paid by you directly to the Solana network.

7. Risk Disclosure

By using XPEND Services, you acknowledge and accept the following risks:

• Cryptocurrency Volatility: SOL prices can fluctuate significantly. The USD value you receive may differ from your expectations due to market movements.
• Blockchain Risks: Solana network congestion, outages, or failures may delay or prevent transactions.
• Regulatory Risks: Cryptocurrency regulations may change, potentially affecting the availability of Services.
• Technical Risks: Smart contract bugs, hacks, or exploits could result in loss of funds.
• Liquidity Risks: In extreme market conditions, conversion rates may be unfavorable or conversions may be delayed.
• Counterparty Risks: Third-party service providers, including payment processors and merchants, may fail to perform.

8. Prohibited Activities

You agree not to:

• Use the Services for money laundering, terrorist financing, or other financial crimes
• Violate any applicable laws, regulations, or third-party rights
• Attempt to circumvent security measures or access restrictions
• Use bots, scrapers, or automated tools without authorization
• Engage in market manipulation or fraudulent activities
• Create multiple accounts to circumvent limits or restrictions
• Reverse engineer, decompile, or disassemble any part of the Services
• Transmit malware, viruses, or other harmful code
• Interfere with the proper functioning of the Services
• Impersonate any person or entity

9. Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, software, and the XPEND brand, are owned by XPEND or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. This license does not include the right to modify, distribute, or create derivative works.

10. Disclaimers

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPEND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

IN NO EVENT SHALL XPEND'S TOTAL LIABILITY EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless XPEND and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

14. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:

• All active virtual cards will be cancelled
• Remaining USD balances will be converted back to SOL and sent to your connected wallet, less any applicable fees
• Your right to use the Services will immediately cease
• Provisions that by their nature should survive termination will remain in effect

15. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and XPEND regarding the Services and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: No waiver of any term shall be deemed a continuing waiver or waiver of any other term.

Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights at any time.

16. Contact Information

For questions about these Terms, please contact us: