Terms of use

These terms of use (“Terms”) are entered into by and between you and Xato B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under the laws of the Netherlands, having its statutory seat in Amsterdam, the Netherlands, and its office address at Pedro de Medinalaan 83, 1086 XP Amsterdam, the Netherlands, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 42164535 (“xato”, “we”, “us”, or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of any website or application published by xato, including, but not limited to: (a) the mobile and desktop application, (b) the website located at https://www.xato.com or any sub-URL of such a website, and (c) any other interface, dashboard, or API made available by xato that allows you to access xato’s evaluation programs and related services ((a) to (c) together, the “Platform”, which, where the context permits, is also referred to in these Terms as “xato”), and any content or functionality offered on or through your use of xato.

Please read the Terms carefully, as they govern your use of xato. This includes your rights and obligations, our disclaimers and limitations of legal liability and risks described herein, relating to your use of, and access to, xato. These Terms are made available to you before you register or purchase an Evaluation, and you can download and store them. By clicking to accept these Terms when registering or purchasing an Evaluation, you accept and agree to be bound and abide by these Terms. If you only browse our website without registering, these Terms apply to that use to the extent relevant.

If you do not agree to these Terms, you must not access or use xato.

These Terms govern your access to and use of xato's website, application, and Evaluation Dashboard, including the purchase and use of Evaluations and your general use of xato in connection with any Funded Account. The Program Rules applicable to your Evaluation or Funded Account govern the trading rules for that account, and in the event of any conflict between these Terms and those Program Rules on a trading rule, those Program Rules prevail. If you pass an Evaluation and enter into the Funded Trader Agreement, that agreement also governs your Funded Account and any payouts and, in respect of Funded Accounts and payouts, prevails over these Terms.

Xato operates a proprietary, simulated trading environment accessed through xato’s web trading terminal (the “Evaluation Dashboard”) through which xato offers skill-based trading evaluations (each, an “Evaluation”). An Evaluation is a test in which you are given access to a simulated trading account (a “Demo Account”) in a purely notional account size that you select at the time of purchase. An Evaluation passes when the live equity of your Demo Account reaches or exceeds the applicable profit target without reaching the applicable maximum daily loss or maximum drawdown floor and without otherwise violating the program rules published on the Rules pageRules page of xato’s website and made available to you before you purchase (the “Program Rules”). There is no minimum or maximum time limit for an Evaluation.

The capital and positions that appear in a Demo Account are simulated, have no economic value, and do not represent real funds, real orders, or real market positions. Your orders are not routed or copied to any live venue, and you do not deposit trading capital with xato. Xato is not a bank, broker, dealer, exchange, market maker, custodian, payment institution, electronic money institution, investment firm, or investment adviser, and does not provide investment, financial, tax, accounting, or legal advice. Xato does not hold client money or crypto-assets on your behalf and does not execute trades on your behalf in live markets.

If you pass an Evaluation, xato cancels its open and pending orders, closes its open positions at the available mark price, and finalizes the Evaluation as passed. Once this transition is complete (which can be delayed if the prices needed to close positions are unavailable), xato automatically creates a simulated funded account (a “Funded Account”) with the same original account size, margin model, applicable risk rules, and profit-split entitlement as your Evaluation. The Funded Account starts with the original starting balance and cannot be traded until you have approved and current identity verification (“KYC”) and have signed the current funded trader agreement with xato (the “Funded Trader Agreement”). KYC is not required to trade an Evaluation. Approved and current KYC and a signed current Funded Trader Agreement also remain required for any payout, and a Funded Account or payout may be subject to compliance and account review. Payouts are contractual performance payments made only under, and subject to, the Funded Trader Agreement. Xato does not guarantee that you will pass any Evaluation, and passing an Evaluation does not, by itself, entitle you to any payment, compensation, or other consideration from xato.

Our services may change over time, which may require that we include additional terms for certain new parts of xato (which, in such event, will be construed as part of “xato”). We may modify or discontinue any part of xato, subject to the notice requirements in Section 6 (Changes to the Terms) and the protections for purchased Evaluations in Section 7 (Accessing xato and Account Security). The Program Rules disclosed when you purchase an Evaluation remain fixed for that running Evaluation and are not applied to it retroactively.

Xato is not intended for children. By using xato, you represent and warrant that you (i) are 18 years of age or older and have the legal capacity to accept these Terms in your jurisdiction, (ii) are not barred from using xato under any applicable law, and (iii) are using xato only for your own personal use. Before checkout, you must accept these Terms and attest that you are at least 18 years old, and xato may require identity or age evidence as part of a compliance review. If you do not meet these requirements, you must not access or use xato.

You must also not be a person who (a) is subject to national or international sanctions or located or ordinarily resident in any country or region that is the subject of comprehensive country-wide or region-wide sanctions, embargo, or equivalent imposed by the Netherlands, the European Union, the United Nations, the United Kingdom, the United States of America, or the government of your home country; (b) is listed, designated, or otherwise identified on any list of prohibited or restricted parties or persons maintained by any of the foregoing authorities, including the European Union consolidated list of persons, groups and entities subject to financial sanctions, the Specially Designated Nationals and Blocked Persons List of OFAC, the United Kingdom Consolidated List of Financial Sanctions Targets, or the United Nations Consolidated List; or (c) is otherwise a person with whom xato is prohibited from dealing under the laws of the Netherlands, the European Union (or any of its Member States), the United Kingdom, or the United States.

Without limiting the foregoing, you must not be resident in any jurisdiction that xato designates as restricted from time to time, which currently includes: Afghanistan, Belarus, Burma (Myanmar), Central African Republic, Cuba, the Democratic Republic of the Congo, Eritrea, Ethiopia, Haiti, Iran, Iraq, Lebanon, Libya, Nicaragua, North Korea, Peoples Republic of China, Russia, Somalia, South Sudan, Sudan, Syria, Venezuela, Zimbabwe, and the Crimea, Donetsk, and Luhansk regions of Ukraine.

Xato may suspend, limit, or terminate your access to xato if you breach these Terms or the Program Rules, engage in unlawful activity, or where required to comply with sanctions or other applicable law. Unless prohibited by law or where doing so would prejudice an investigation, we will notify you of the decision and the reasons for it, and you may contact us to contest it. Where we terminate your access for reasons not attributable to you, we will refund the Evaluation Fee for any Evaluation you have purchased but not yet started.

Purchase. You may purchase one or more Evaluations through xato for the applicable fee displayed at the time you submit your order (the “Evaluation Fee”). Evaluation Fees are priced in USD, are one-time fees, and are charged at the time of purchase. Payment is processed by xato’s third-party payment processor (currently Checkout.com), and the payment methods available to you are those displayed by the payment processor at the time of purchase. When purchasing an Evaluation, you may select the enhanced profit split add-on described in the Program Rules, which increases the Evaluation Fee by 20%; the add-on cannot be added retroactively. You agree to provide accurate, current, and complete payment information and to promptly update it as necessary. If you are deemed “high risk” by the payment processor, xato may require you to provide additional documentation or information before proceeding.

Taxes. Evaluation Fees displayed to consumers include any applicable VAT. Any other taxes, levies, or duties arising in your jurisdiction from your use of xato are your responsibility.

Refunds. Except as expressly provided in these Terms or the Program Rules, or as required by applicable mandatory law (including your right of withdrawal and your statutory rights where xato fails to provide an Evaluation in conformity with these Terms), Evaluation Fees are non-refundable.

Demo Accounts and Program Rules. You agree to use the Evaluation Dashboard and any Demo Account solely in accordance with the Program Rules and these Terms. The available account sizes, profit targets, maximum daily loss, static maximum drawdown, leverage, trading fees and funding payments, position and order limits, and other parameters are set out in the Program Rules. Xato may update the Program Rules with advance notice, but the Program Rules disclosed when you purchase an Evaluation remain fixed for that running Evaluation. If live equity reaches or falls below the maximum daily loss or maximum drawdown floor, or if you engage in any Prohibited Trading (as defined below) or otherwise violate the Program Rules or these Terms, your Demo Account is breached: open and pending orders are cancelled, positions are closed at the available mark price, the account is permanently disabled, and the Evaluation terminates without refund. An order that is rejected or reduced because of insufficient margin, a position or order limit, or unavailable or stale market data does not by itself breach your Demo Account.

Simulated environment. The Evaluation Dashboard uses live reference prices from third-party market-data providers (currently Hyperliquid) to price simulated fills, but the capital that appears in a Demo Account has no economic value, orders are not routed or copied to any live venue, and filled orders have no counterparty. Latency, slippage, technical failures, and market conditions may affect simulated results, and the xato terminal and xato’s account records govern Program Rules calculations, without prejudice to your right to provide evidence to the contrary.

No assurance of results. Achieving a passing Evaluation is difficult and subject to significant risks, some of which depend on your skill and others of which are outside your control. Most applicants do not pass on their first attempt, and there is no assurance that you will pass any Evaluation regardless of the number of Evaluations you purchase. Because xato earns fees each time an Evaluation is purchased, including when an applicant fails an Evaluation and purchases another, conflicts of interest may exist between xato and you. You should carefully consider whether purchasing an Evaluation is appropriate for your objectives, financial circumstances, and risk tolerance, and any such purchase is your sole responsibility.

Right of Withdrawal. If you are a consumer resident in the European Union or European Economic Area, you have the right to withdraw from your purchase of an Evaluation within fourteen (14) days of the date of purchase, without giving any reason (the "Withdrawal Period"). You can exercise this right by using the withdrawal function in your account, by using the model withdrawal form provided with your order confirmation, or by sending us any other clear statement of your decision to withdraw. Because an Evaluation is a digital service, access to the Evaluation Dashboard during the Withdrawal Period is only provided if, at the time of purchase, you expressly request that the Evaluation start immediately and acknowledge that you will lose your right of withdrawal once the Evaluation has been fully performed. If you make that request and then withdraw during the Withdrawal Period, we will refund the Evaluation Fee less an amount proportionate to the service provided until you informed us of your withdrawal. Your right of withdrawal ends once the Evaluation has been fully performed during the Withdrawal Period, meaning that it has been passed or has been breached, provided that you made the request and acknowledgement described above. If you do not make that request, you will be given access to the Evaluation Dashboard after the end of the Withdrawal Period. Refunds are made using the original payment method within fourteen (14) days of receipt of your withdrawal.

Traders may use public research, analysis and educational material and may change their trading strategy. Account sharing, third-party account management, automated copying of another trader’s orders, and coordinated trading intended to exploit the evaluation or payout rules are prohibited.

You agree that you will not engage in any of the following activities (each, “Prohibited Trading”) in connection with any Evaluation or Funded Account or when accessing the Evaluation Dashboard, as further described in the Program Rules:

• exploiting a platform, pricing, latency, data, or execution error;
• using material non-public or inside information;
• front-running orders placed elsewhere;
• manipulating or attempting to manipulate a market, venue, liquidity provider, or xato account, or trading in a way that creates regulatory or counterparty risk for xato or its providers;
• using a purchased, off-the-shelf, or third-party strategy marketed primarily to pass prop evaluations;
• automatically copying another trader’s orders or coordinating trading intended to exploit the evaluation or payout rules;
• arbitraging one xato account against another xato account or an account at another firm;
• using execution patterns that cannot reasonably be replicated in live markets or that create excessive unrealized profit-and-loss risk;
• using multiple accounts to hedge or arbitrage results, including opening opposing positions in the same or closely correlated instruments across multiple xato accounts, multiple traders, or xato and third-party accounts, or coordinating trades across traders, identities, households, devices, networks, or firms to manufacture a guaranteed or near-guaranteed result;
• sharing an account, credentials, device access, or trading control with another person, or having a third party manage the account; or
• using a VPN, proxy, remote desktop, or similar service to hide or misrepresent your location, identity, device, account control, or legal eligibility, to evade a jurisdiction restriction, to conceal account sharing, or to interfere with compliance checks.

Holding more than one Evaluation at the same time is permitted, and each Evaluation is assessed independently. Xato determines whether conduct constitutes Prohibited Trading in accordance with the Program Rules applicable to your Evaluation or Funded Account, and may review trading, device, network, timing, order, and account data when investigating suspected Prohibited Trading. A finding of Prohibited Trading may result in the breach and termination of the relevant Evaluation or Funded Account without refund, loss of unpaid performance amounts in the accounts concerned as set out in the Funded Trader Agreement, and disqualification from xato’s programs. Xato may issue a warning instead for an inadvertent, isolated event. Unless prohibited by law or where doing so would prejudice an investigation, we will inform you of the decision and the reasons for it, and you may contact us to contest it.

We may revise and update these Terms from time to time. Where we make changes that materially affect your rights or obligations, we will notify you by email and by a prominent notice on xato at least thirty (30) days before those changes take effect. Changes required by law or to address a security vulnerability may take effect sooner, and we will notify you as soon as possible. Changes to these Terms or the Program Rules do not apply retroactively to an Evaluation or Funded Account that is already running, except to the extent required by mandatory law. Your continued use of xato after the effective date of a change constitutes your acceptance of the revised Terms. If you do not accept a material change, you may stop using xato and close your account before the change takes effect.

Where we withdraw or materially amend xato in a way that prevents you from completing an Evaluation you have already purchased and paid for, we will provide you with reasonable advance notice where practicable, and will consider refund requests on a case-by-case basis in accordance with our legal obligations.

We do not guarantee that xato, or any content on it, will always be available or remain uninterrupted. Without prejudice to your statutory rights as a consumer, including in respect of the conformity of digital services, we will not be liable if for any reason all, or any part, of xato is unavailable at any time or for any period. From time to time, we may restrict users from accessing parts of xato or the entirety of xato.

You are responsible for:

• making all arrangements necessary for you to have access to xato; and
• ensuring that all persons who access xato through your internet connection are aware of these Terms and comply with them.

To access xato or some of the resources it offers, you may be asked to provide certain registration details or other information, including information required to complete identity verification and “know-your-customer” and anti-money-laundering checks. It is a condition of your use of xato that all the information you provide on xato is correct, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. All information you provide to use xato, including by using any interactive features on xato, is processed in accordance with our Privacy Policy. Identity verification is carried out by our identity-verification provider (currently Sumsub).

You must re-verify your identity two (2) years after your last approved verification, or earlier if your identification document expires. We give thirty (30) days’ notice before restricting funded trading and payouts for scheduled re-verification. If re-verification has not been approved by the deadline, your Funded Account becomes reduce-only: you may close or reduce existing positions and manage protective orders, but you may not open new positions or increase exposure. Payouts are paused until re-verification is approved. This restriction does not itself breach your Funded Account or forfeit your accrued Profit Share; eligible Profit Share remains payable once re-verification is approved, subject to the other payout requirements. The Program Rules and risk limits continue to apply while the account is reduce-only.

You should use particular caution when inputting personal information onto xato on a public or shared computer so that others are not able to view or record your personal information.

Unless otherwise indicated, xato (including the Evaluation Dashboard) is our proprietary property and all source code, databases, functionality, software, website designs, information, audio, video, text, photographs, and graphics on xato (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws and international conventions. You are not permitted to use any Marks without the prior written consent of the owner of the relevant Mark.

Except as expressly provided herein, we and our licensors do not grant any express or implied license to xato or the Content. You agree not to copy, reproduce, aggregate, republish, download, post, display, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, create derivative works based on, scrape, frame, crawl, or otherwise exploit for any commercial purposes whatsoever, xato or the Content, without our express prior written permission.

If you are eligible to use xato, you are permitted to access and use xato and the Content to which you have properly gained access solely for your personal, non-commercial use. You may not modify or alter the Content in any way. We reserve all rights not expressly granted to you.

Certain content made available on xato, including advanced charting and visualisation tools, may be provided under licence from third-party licensors. You may not use any part of the content available on xato for commercial purposes unless you have first obtained all licences, permissions, or authorisations required from the relevant rights holders.

You may use xato, or any content made available through it, only for lawful purposes and in accordance with these Terms. You agree not to use xato:

• in any way that violates any applicable local, national, or international law or regulation (including, without limitation, any laws regarding the export of data or software);
• to engage in activities that manipulate markets, commit fraud, or use xato for any unlawful purposes;
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms;
• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
• to impersonate or attempt to impersonate us, a contractor of us, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of xato, or which, as determined by us, may harm us or users of xato or expose them to liability.

Additionally, you agree not to:

• use xato in any manner that could disable, overburden, damage, or impair xato or interfere with any other party’s use of xato, including their ability to engage in real-time activities through xato;
• use any robot, spider, or other automatic device, process, or means to access xato for any purpose, including monitoring or copying any of the material on xato;
• use any manual process to monitor or copy any of the material on xato or for any other unauthorized purpose without our prior written consent;
• use any device, software, or routine that interferes with the proper working of xato;
• introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of xato, the server(s) on which xato is stored, or any server, computer, or database connected to xato;
• attack xato via a denial-of-service attack or a distributed denial-of-service attack; and
• otherwise attempt to interfere with the proper working of xato.

The content displayed on xato, including but not limited to trading interfaces, charts, market data, and account metrics, is provided for general informational purposes only. While we aim to ensure accuracy and availability, xato makes no guarantees as to the completeness, accuracy, or timeliness of such content.

You acknowledge and agree that your use of xato, including the placing of any simulated trades, is at your own risk. Xato does not guarantee any particular result, execution, or outcome within the Evaluation Dashboard. To the extent permitted by applicable law, xato disclaims any liability for losses or for any failure to pass an Evaluation arising from reliance on displayed data, technical issues with the platform, latency, slippage, or third-party data or infrastructure.

Xato may include content provided by third parties, including materials provided by third-party licensors, syndicators, and aggregators. All statements and/or opinions expressed in these materials, other than the content provided by xato, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of xato. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the informational content on xato from time to time, but such content is not necessarily complete or up-to-date. Any of the informational material on xato may be out of date at any given time, and we are under no obligation to update such material. Changes to these Terms and the Program Rules are not governed by this Section and remain subject to Section 6 (Changes to the Terms) and the protection of running Evaluations and Funded Accounts.

All information we collect on xato is processed in accordance with our Privacy Policy. Where required by law, we will ask for your consent before placing non-essential cookies or similar technologies on your device, and you may manage your preferences at any time through our cookie settings.

You may link to xato, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

If xato contains links to any resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party resources linked on xato, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party resources. We reserve the right to withdraw linking permission without notice.

Access to xato may be restricted or prohibited in certain countries or jurisdictions. We make no claims that xato or any of its content may be accessed by any person in any particular country or jurisdiction.

Xato integrates with third-party services to facilitate certain functionalities, including payment processors, identity-verification and “know-your-customer” providers, and market-data and trading-infrastructure providers, some of which may be regulated in your jurisdiction. You may be redirected to third-party interfaces outside of xato to use these third-party services. You acknowledge that xato is not responsible for the performance, accuracy, compliance, or reliability of these third-party services, and you must accept the terms of such third parties where applicable.

Certain informational content made available within xato (including market snapshots, volatility indicators, or instrument highlights) may be generated in whole or in part by automated systems. This content is produced for general informational and educational purposes only.

Xato does not generate, validate, or endorse such outputs as financial or investment advice. Users remain solely responsible for any decisions made on the basis of this information.

You understand and accept the following risks relating to xato:

• The Evaluation Dashboard is a simulated trading environment. The capital and positions shown in a Demo Account have no economic value and do not represent real funds or real market exposure.
• Achieving a passing Evaluation is difficult and depends on factors including your skill and factors outside your control. Past performance is not necessarily indicative of future results, and there is no assurance that you will pass any Evaluation.
• The instruments available to trade in the Evaluation Dashboard, which may include digital assets, have historically been subject to significant volatility and uncertainty. Prices can change rapidly and decline substantially, and a lack of liquidity can lead to slippage, wider spreads, or difficulty executing simulated trades, any of which may affect your ability to pass an Evaluation.
• Leverage can work for you as well as against you and may magnify the impact of adverse market conditions, potentially leading to significant simulated losses and a breach of your Demo Account.
• Latency and slippage may arise from internet connectivity, market-data feeds, and other technological factors, which may materially affect simulated execution prices.
• Your use of xato is subject to operational and technological risks, including the potential failure of the hardware, software, or internet connectivity on or through which the Evaluation Dashboard operates. Xato is not responsible for any such failure, delay, or disruption, including any that occurs as a result of a software or hardware update.
• You are solely responsible for protecting the confidentiality and security of your account credentials. You cannot expect xato to restore access or issue any refund in respect of losses arising from unauthorized access to your account due to your failure to safeguard your credentials.
• You are solely responsible for ensuring that your use of xato complies with the laws and regulations of your jurisdiction, and for any tax consequences in your jurisdiction of residence. Nothing on xato constitutes tax, financial, or legal advice.
• The regulatory status of trading-evaluation services, proprietary-trading arrangements, and digital assets is unclear or unsettled in many jurisdictions, and it is difficult to predict how or whether governments or regulators may change or apply the law to such services. Any such changes may have a materially adverse effect on you or on xato’s ability to offer its services.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or xato will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF XATO OR ITEMS OBTAINED THROUGH XATO OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF XATO, ITS CONTENT, OR ITEMS OBTAINED THROUGH XATO IS AT YOUR OWN RISK. XATO, ITS CONTENT, OR ITEMS OBTAINED THROUGH XATO ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER XATO NOR ANY PERSON ASSOCIATED WITH XATO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF XATO. WITHOUT LIMITING THE FOREGOING, NEITHER XATO NOR ANYONE ASSOCIATED WITH XATO REPRESENTS OR WARRANTS THAT XATO, ITS CONTENT, OR ITEMS OBTAINED THROUGH XATO WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT XATO OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT XATO OR ITEMS OBTAINED THROUGH XATO WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER, INCLUDING YOUR RIGHTS IN RESPECT OF THE CONFORMITY OF DIGITAL CONTENT AND DIGITAL SERVICES, AND THE ABOVE DISCLAIMER APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, XATO, ANY WEBSITE LINKED TO IT, ANY CONTENT ON XATO, OR ITEMS OBTAINED THROUGH XATO, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF XATO WILL NOT EXCEED THE GREATER OF THE TOTAL EVALUATION FEES YOU PAID TO XATO IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND EUR 1,000.

Nothing in these Terms limits or excludes our liability for death or personal injury, for damage caused by intent (opzet) or deliberate recklessness (bewuste roekeloosheid) of xato or its managerial staff, or any other liability that cannot be excluded or limited under applicable law, including mandatory consumer protection law.

You agree to defend, indemnify, and hold harmless xato, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) to the extent caused by your culpable violation of these Terms, including any use of the Content and xato other than as expressly authorized in these Terms, your violation of applicable law, or fraud committed by you.

You acknowledge and agree that, to the extent xato is made available as a downloadable application, its availability is dependent on the third-party app store from which you download the application. These Terms apply between you and xato, not with any app store provider. Your use of xato may also be subject to the terms and conditions of the app store provider.

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or their formation, are governed by and construed in accordance with the laws of the Netherlands, without giving effect to any choice or conflict of law provision or rule. If you are a consumer, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the mandatory jurisdiction rules applicable to consumers, including the right of a consumer domiciled in the European Union to bring proceedings in, and to be sued only in, the courts of the country of their domicile, the competent courts of Amsterdam, the Netherlands, shall have jurisdiction to settle any dispute arising out of or in connection with these Terms or your use of xato.

Nothing in this Section precludes either party from seeking specific performance, an injunction, or other interim relief, including in summary proceedings (kort geding), before a court of competent jurisdiction.

Nothing in these Terms limits or affects any mandatory rights you have as a consumer under the laws of your country of residence, including your right to bring a claim before the courts of your country of residence or to benefit from mandatory consumer protection provisions that apply to you regardless of the governing law chosen in these Terms. If you are a consumer resident in the EU or EEA and you have a complaint about our services that we have been unable to resolve directly, you may be able to submit your complaint to an alternative dispute resolution (ADR) body. A list of ADR bodies is available on the European Commission’s website, at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

You acknowledge and agree that xato does not owe you any fiduciary duties or liabilities. Your use of xato does not create any partnership, joint venture, employment, or agency relationship between you and xato.

These Terms, our Privacy Policy, the Program Rules applicable to your Evaluation or Funded Account, and any other terms and conditions expressly incorporated in these Terms (including, if you pass an Evaluation and sign it, the Funded Trader Agreement) constitute the sole and entire agreement between you and xato with respect to xato and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to xato. Nothing in these Terms causes newly published Terms or Program Rules to replace the Program Rules applicable to an Evaluation or Funded Account that is already running.