XAPO REFERRAL PROGRAM - TERMS & CONDITIONS

REFERRAL PROGRAM

1. Overview

1.1 These terms and conditions (“Terms”) govern your use of our referral program (“Referral Program”). These Terms are supplemental to and must be read with your Xapo Bank Terms & Conditions which governs the entire relationship between you (“Customer”) and Xapo Bank when you open a Xapo Account with us.

1.2 Under the Referral Program, you may refer people to us who you think may be interested in the Services we offer. You may use the Referral Program by sharing a unique link or following any other such process provided to you. Anyone you refer will still have to satisfy applicable eligibility requirements (as in force at that time) before they can have access to their own Xapo Account.

1.3 Please read these terms and conditions carefully and ensure you understand them before participating in the Referral Program. You must accept these Terms before you participate in the Referral Program. You must not participate in the Referral Program if you do not wish to be bound by these Terms.

1.4 If your Xapo Account is closed, you will lose all progress made by you in the Referral Program.

2. Disclaimer

2.1 The Referral Program and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons. Xapo Bank is not responsible for any unavailability, interruptions or errors of the Referral Program or its features.

2.2 Xapo Bank may delay your access to the Referral Program or even awarding you with an earned Referral Fee where we have made an information request to you for information relating to your identity or any other request that we have made to you in relation to your Xapo Account and your relationship with us and that request has not been satisfied or is still pending.

2.3 The Referral Program and all the information relating to it are provided entirely for information purposes only on an “as is” and “as available” basis. We make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, availability, the operation of the Referral Program, the information, materials, content, availability, and products.

2.4 We reserve the right to invalidate any Referral Reward, when these are available, that has already been awarded to you, and if it is in a Supported Currency and already credited to you we reserve the right to remove it from your Xapo Account, if we determine that such Referral Reward was improperly awarded or obtained illegally or fraudulently.

2.5 To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We accept no liability for any use of the Referral Program which does not comply with this Agreement.

3. Eligibility

3.1 When made available, the Referral Program is open to all customers who have been verified by us and have a verified Xapo Account.

3.2 Anyone that you refer to us when the Referral Program is available must not already have a Xapo Account and you cannot refer yourself.

4.Referral Rewards

4.1 Provided you meet applicable requirements (as in force at that time), you may be entitled to earn a reward each time you meet such requirements (“Referral Reward”) when these are available. Xapo Bank does not warrant that a Referral Reward will always be available for participants of the Referral Program. If they are, you will be informed of it within the Xapo Bank App.

4.2 We reserve the right to introduce, restrict, suspend, modify, change or discontinue, temporarily or permanently, any Referral Reward that may be offered from time to time as part of our Referral Program. When a Reward Fee is available and it is in a Supported Currency we reserve the right to pay it directly into your Xapo Account.

4.3 You have the sole responsibility of ensuring that when available any earned Referral Reward is properly awarded to you. Any claim for Referral Rewards not awarded accurately must be received by us within seven (7) days of the date of claimed accrual of such Referral Rewards. Manual issuance of Referral Rewards can take up to sixty (60) days.

4.4 You may only use our Referral Program in good faith for lawful purposes. If we consider, at our sole discretion, that you are using the Referral Program illegally or fraudulently, we reserve the right to, amongst other available rights and remedies available to us, terminate, block, restrict or suspend your access to and participation in the Referral Program, refuse to award you with any earned Referrals Rewards, when these are available, and to reverse them in the event they have already been credited to your Xapo Account.

5. Modification and Termination of the Referral Program

5.1 Xapo reserves the right at any time and from time to time to restrict, suspend, modify, change or discontinue, temporarily or permanently, the Referral Program or any part thereof with or without notice to you and without further obligations to you.

5.2 In the event that Xapo terminates the Referral Program no further Referral Rewards, when these are available, will be earned or redeemed after the date of termination.‍

5.3 Any failure to abide by these Terms and any applicable rules, any conduct detrimental to us, or any misrepresentation or fraudulent activities in connection with the Referral Program may result, in addition to any rights or remedies available to us, in the termination of your participation in the Referral Program, as well as forfeiture of any Referral Rewards obtained, all as determined by us in our sole discretion.

5.4 We may revise and amend this Agreement at any time without notice to you. Your continued use of the Referral Program after any such changes shall be considered as your acceptance of the Agreement in force at that time.

6. General

6.1 In the instance that fraudulent activity is suspected, we reserve the right to suspend your Xapo Account whilst further investigation is undertaken. In doing so we may request evidence in the form of receipts or other information to support the transactions associated with your Xapo Account.

6.2 Any attempt by any person to undermine the legitimate operation of the Referral Program may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by applicable law.

6.3 You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.

6.4 You are responsible for the payment of all taxes which may result from your participation in the Referral Program.

6.5 Our rights and obligations under the Referral Program may be assigned or transferred by us to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.