> For the complete documentation index, see [llms.txt](https://docs.noxcat.io/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://docs.noxcat.io/noxcat-wallet/terms-of-use.md).

# Terms of Use

### 1. Introduction

Welcome to NOXCAT Wallet.

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and XWHALE TECHNOLOGY SDN. BHD. (Registration No. 202601002128 (1664225-A)) ("XWHALE", "NOXCAT", "we", "us", or "our").

These Terms govern your access to and use of NOXCAT Wallet, our websites, mobile applications, software, products, features, services, content, and related offerings (collectively, the "Services").

NOXCAT Wallet is designed as a secure self-custodial wallet for everyday finance. The Services may include wallet creation, digital asset management, encrypted wallet backup, end-to-end encrypted messaging, membership and rewards management, wallet connectivity, swap access through third-party decentralized exchange aggregators, security features, and other related services.

By downloading, installing, accessing, registering for, or using the Services, you agree to be bound by these Terms and our Privacy Policy.

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

### 2. Company Information

NOXCAT Wallet is operated by:

XWHALE TECHNOLOGY SDN. BHD.\
Registration No. 202601002128 (1664225-A)\
A company incorporated in Malaysia under the Companies Act 2016.

Registered Office:

612, Jalan Haruan 4/8, Oakland Commercial Centre,\
70300 Seremban, Negeri Sembilan, Malaysia

Business Address:

F-12-03, Pusat Perdagangan Bandar Bukit Jalil,\
Persiaran Jalil 1, 57000 Kuala Lumpur, Malaysia

Websites:

* [https://www.noxcat.io](https://www.noxcat.io/)
* [https://xwhale.tech](https://xwhale.tech/)

Support Contact: <support@noxcat.io>

### 3. Acceptance of Terms

You accept these Terms when you:

* Download or install NOXCAT Wallet
* Create or access a NOXCAT account
* Use any feature of the Services
* Connect a wallet
* Create or import a wallet
* Use encrypted backup features
* Use messaging features
* Use swap-related features
* Access our websites
* Click or tap to accept these Terms where such option is made available

If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.

Your continued use of the Services means that you accept these Terms as amended from time to time.

### 4. Eligibility

You represent and warrant that:

* You are at least 18 years old.
* You have full legal capacity to enter into these Terms.
* You are not prohibited from using the Services under applicable law.
* You are not located in, incorporated in, established in, or ordinarily resident in any jurisdiction where use of the Services is prohibited.
* You are not subject to sanctions or listed on any sanctions list maintained by the United States Office of Foreign Assets Control ("OFAC"), the United Nations Security Council, the European Union, the United Kingdom, Malaysia, or any other applicable sanctions authority.
* You will not use the Services to violate any applicable law, regulation, sanctions rule, export control rule, or anti-money laundering requirement.

NOXCAT reserves the right to restrict, suspend, or terminate access to the Services where we reasonably believe that your use may violate applicable law, sanctions restrictions, security requirements, or these Terms.

### 5. Description of Services

NOXCAT may provide, among other things:

* Self-custodial wallet creation and management
* Wallet import and connection tools
* Multi-chain digital asset management
* Display of public blockchain balances and transactions
* Encrypted private key and seed phrase backup
* Account login via email, Google, or Apple ID
* Unique user identity within the NOXCAT ecosystem
* Friend-to-friend end-to-end encrypted messaging
* Membership and rewards management tools
* Wallet connectivity services
* Swap interface access through third-party decentralized exchange aggregators
* Security and account protection tools
* Anti-coercion or emergency security features
* Future access to tokenized real-world asset services
* Other features that may be added from time to time

The availability of specific features may vary by jurisdiction, device, operating system, app version, account status, third-party provider availability, regulatory requirements, and other factors.

NOXCAT may modify, suspend, restrict, discontinue, or remove any feature or part of the Services at any time, with or without notice, where permitted by law.

### 6. Account Registration and Login

To use certain Services, you may be required to create an account using email, Google login, Apple ID, or other supported authentication methods.

You agree to:

* Provide accurate and complete information
* Maintain the security of your login credentials
* Keep your account information up to date
* Not share your account access with unauthorized persons
* Notify us if you suspect unauthorized access

You are responsible for all activity that occurs through your account, whether or not authorized by you, except where caused solely by NOXCAT's proven willful misconduct.

Third-party login providers such as Google or Apple may have their own terms and privacy policies. NOXCAT is not responsible for the availability, security, or operation of third-party login services.

### 7. Self-Custody Wallet

NOXCAT Wallet is a self-custodial wallet.

You acknowledge and agree that:

* You control your wallet.
* You control the cryptographic credentials associated with your wallet.
* You are solely responsible for safeguarding your wallet, device, login credentials, private keys, seed phrases, passwords, recovery credentials, and backup access methods.
* NOXCAT does not hold your digital assets as a custodian.
* NOXCAT does not own, control, or manage your digital assets.
* NOXCAT cannot initiate blockchain transactions on your behalf without your authorization.
* NOXCAT cannot reverse, cancel, modify, freeze, restore, or recover blockchain transactions.
* NOXCAT cannot guarantee recovery of lost wallets or lost assets.

If you lose access to your private keys, seed phrases, encrypted backup credentials, account, device, or other recovery methods, you may permanently lose access to your digital assets.

You are solely responsible for verifying transaction details before signing or approving any transaction, including recipient addresses, networks, tokens, amounts, fees, slippage, smart contract permissions, and other relevant details.

### 8. Encrypted Backup Services

NOXCAT may provide optional encrypted backup services for private keys, seed phrases, recovery phrases, or other wallet recovery materials.

When encrypted backup is enabled:

* Your private keys and/or seed phrases may be encrypted before storage.
* Encrypted backup data may be stored on infrastructure operated or controlled by XWHALE or its service providers.
* XWHALE does not possess the decryption keys necessary to decrypt your encrypted backup.
* XWHALE cannot access, view, recover, or decrypt your private keys or seed phrases.
* XWHALE cannot recover your wallet if you lose the credentials required to decrypt your encrypted backup.

Encrypted backup is provided solely as a convenience feature. It does not eliminate the need for you to maintain secure recovery practices.

You acknowledge and agree that:

* Backup availability is not guaranteed.
* Backup recovery success is not guaranteed.
* Backup data may become unavailable, corrupted, or inaccessible.
* Loss of decryption credentials may result in permanent loss of wallet access.
* Unauthorized access to your device, account, or credentials may result in loss of assets.

XWHALE is not liable for losses caused by forgotten credentials, compromised devices, compromised accounts, user error, backup failure, unauthorized access, or any circumstance outside XWHALE's reasonable control.

You should not enable encrypted backup unless you understand how it works and accept the associated risks.

### 9. Digital Assets and Blockchain Transactions

Digital assets operate on blockchain networks that NOXCAT does not own or control.

You acknowledge and agree that:

* Blockchain transactions are generally irreversible.
* Blockchain records are generally public.
* Transaction speed and cost may vary.
* Blockchain networks may experience congestion, downtime, forks, attacks, or technical failures.
* Smart contracts may contain bugs or vulnerabilities.
* Tokens may lose value or become illiquid.
* Certain assets may be fraudulent, unsupported, restricted, or illegal in some jurisdictions.

NOXCAT is not responsible for:

* Blockchain network failures
* Failed transactions
* Delayed transactions
* Incorrect recipient addresses
* Incorrect network selection
* Incorrect token selection
* Lost gas fees
* Smart contract exploits
* Token issuer misconduct
* Protocol failures
* Forks or chain reorganizations
* Losses resulting from public blockchain activity

You are solely responsible for understanding and accepting the risks of using blockchain networks and digital assets.

### 10. Wallet Address, Public Blockchain Data, and Transparency

Public wallet addresses, transaction hashes, token balances, and smart contract interactions may be publicly visible on blockchain networks and third-party blockchain explorers.

NOXCAT cannot delete, hide, correct, or modify public blockchain records.

Even if you delete your NOXCAT account or stop using the Services, public blockchain data may remain permanently available.

You acknowledge that blockchain transparency may allow third parties to associate wallet addresses with transaction activity.

### 11. Swap Services

NOXCAT may provide interfaces that allow you to access swap functionality through third-party decentralized exchange aggregators, decentralized exchanges, smart contracts, liquidity providers, routing protocols, or other third-party infrastructure.

NOXCAT does not operate as a centralized exchange.

NOXCAT does not act as principal in swap transactions.

NOXCAT does not custody your assets during swaps.

NOXCAT does not guarantee:

* Swap execution
* Swap price
* Asset availability
* Liquidity
* Slippage
* Routing accuracy
* Gas fee estimates
* Transaction confirmation
* Third-party provider availability
* Smart contract security
* Tax treatment
* Regulatory status of any asset

Swap transactions may be affected by:

* Market volatility
* Slippage
* Front-running
* Miner or validator extractable value
* Liquidity shortages
* Network congestion
* Smart contract failure
* Third-party service failure
* Incorrect token or network selection
* User error

You are solely responsible for reviewing all swap details before confirming a transaction.

Any swap you initiate is at your own risk.

### 12. Third-Party Services

The Services may allow you to access, connect to, or interact with third-party services, including:

* Blockchain networks
* RPC providers
* Wallet connection services
* Decentralized applications
* Decentralized exchanges
* Swap aggregators
* Smart contracts
* Token issuers
* Bridge providers
* Membership providers
* Rewards providers
* Analytics providers
* Cloud infrastructure providers
* Customer support tools
* Other third-party applications, websites, or services

Third-party services are provided by their respective providers and are not controlled by NOXCAT.

Your use of third-party services may be subject to separate terms, privacy policies, fees, disclosures, and risks.

NOXCAT does not endorse, guarantee, verify, or control third-party services.

NOXCAT is not responsible for:

* Third-party content
* Third-party transactions
* Third-party security failures
* Third-party smart contract risks
* Third-party fees
* Third-party data practices
* Third-party service interruptions
* Third-party fraud, scams, or misconduct
* Losses caused by third-party services

You are solely responsible for determining whether any third-party service is appropriate for you.

### 13. Messaging Services

NOXCAT may provide encrypted messaging functionality between approved contacts or friends.

Messages are protected using end-to-end encryption.

You acknowledge and agree that:

* NOXCAT does not store message contents on its servers.
* NOXCAT cannot access, read, decrypt, monitor, recover, or disclose message contents.
* NOXCAT may process limited metadata necessary for message delivery and security.
* NOXCAT cannot recover deleted or lost messages.
* Message delivery may fail due to technical issues, network issues, device issues, or service interruptions.

Although NOXCAT cannot access message contents, you remain solely responsible for all content you send, receive, or share through the messaging features.

You agree not to use messaging features to:

* Commit fraud
* Harass, threaten, abuse, or harm others
* Send unlawful, defamatory, obscene, or hateful content
* Distribute malware, phishing links, or malicious code
* Promote scams, illegal fundraising, or money laundering
* Impersonate another person or entity
* Infringe intellectual property rights
* Violate privacy rights
* Engage in any illegal or harmful conduct

NOXCAT may restrict, suspend, or terminate access to messaging features where we reasonably believe a user has violated these Terms, applicable law, or security requirements.

### 14. Memberships, Rewards, and Loyalty Programs

NOXCAT may provide tools that allow users to view, organize, manage, or interact with memberships, loyalty programs, rewards, points, benefits, brand accounts, or related services.

Unless expressly stated otherwise:

* NOXCAT does not issue loyalty points.
* NOXCAT does not determine redemption values.
* NOXCAT does not guarantee reward availability.
* NOXCAT does not guarantee membership benefits.
* NOXCAT does not control expiration rules.
* NOXCAT does not control third-party program policies.
* NOXCAT is not responsible for changes made by membership or reward providers.

Memberships, rewards, loyalty points, and benefits are provided by their respective third-party providers.

Any dispute relating to membership status, reward balance, redemption, expiration, eligibility, benefit availability, or program rules must be resolved directly with the applicable provider.

NOXCAT may suspend or remove access to any membership or rewards feature if required by law, third-party provider requirements, technical limitations, or business reasons.

### 15. Security Features and Anti-Coercion Tools

NOXCAT may provide optional security features designed to help users protect accounts, wallets, digital assets, and identity.

Such features may include:

* Trusted device settings
* Security alerts
* Recovery configurations
* Emergency protection tools
* Anti-coercion mechanisms
* Account protection settings
* Suspicious activity detection
* Wallet safety warnings
* Transaction risk indicators

These features are intended to reduce risk, but they cannot eliminate all risks.

NOXCAT does not guarantee protection against:

* Theft
* Coercion
* Fraud
* Phishing
* Social engineering
* Malware
* Device compromise
* Account compromise
* Unauthorized access
* Smart contract exploits
* Blockchain protocol failures
* User error
* Physical threats

You are responsible for understanding how security features work and using them appropriately.

NOXCAT is not liable for any loss, harm, theft, unauthorized access, coercion, fraud, or asset loss that occurs despite the availability or use of security features.

### 16. Future Real-World Asset Services

NOXCAT may in the future support access to tokenized representations of real-world assets ("RWA"), including but not limited to:

* Precious metals
* Gold
* Commodities
* Equities
* Funds
* Financial instruments
* Other tokenized assets

RWA-related services may be provided directly by NOXCAT, by affiliates, or by third-party providers.

Availability may vary by jurisdiction and may be subject to:

* Eligibility checks
* Regulatory restrictions
* Additional disclosures
* Additional terms
* Compliance requirements
* Identity verification
* Risk assessments
* Local law requirements

NOXCAT does not guarantee that any RWA-related service will be launched, available, suitable, redeemable, transferable, liquid, or legally accessible in your jurisdiction.

Future RWA services may involve additional risks, including:

* Issuer risk
* Custody risk
* Redemption risk
* Settlement risk
* Regulatory risk
* Market risk
* Counterparty risk
* Liquidity risk
* Oracle or pricing risk
* Asset verification risk

You should not assume that any tokenized asset has the same rights, protections, liquidity, or redemption features as the underlying real-world asset unless expressly stated in applicable product terms.

### 17. Fees

NOXCAT may charge fees for certain Services.

Third parties may also charge fees, including:

* Blockchain gas fees
* Network fees
* Validator fees
* Swap aggregator fees
* Decentralized exchange fees
* Liquidity provider fees
* Bridge fees
* Membership or rewards provider fees
* Service provider fees

Fees may vary and may change without notice.

You are solely responsible for reviewing applicable fees before confirming any transaction.

Blockchain gas fees may be charged even if a transaction fails.

NOXCAT is not responsible for fees charged by blockchain networks or third-party services.

### 18. Taxes

You are solely responsible for determining, reporting, and paying any taxes arising from your use of the Services, including taxes related to:

* Digital asset transfers
* Swaps
* Rewards
* Membership benefits
* Tokenized assets
* Future RWA services
* Any gains, losses, income, or transactions

NOXCAT does not provide tax advice.

You should consult a qualified tax advisor regarding your obligations.

### 19. Prohibited Conduct

You agree not to use the Services to:

* Violate any applicable law or regulation
* Violate sanctions or export control laws
* Engage in money laundering
* Engage in terrorist financing
* Commit fraud
* Steal digital assets
* Facilitate scams
* Impersonate any person or entity
* Harass, threaten, or abuse others
* Distribute malware or harmful code
* Interfere with the Services
* Attempt unauthorized access
* Reverse engineer the Services
* Scrape or extract data without authorization
* Circumvent security controls
* Use the Services for illegal gambling
* Use the Services for illegal securities offerings
* Infringe intellectual property rights
* Misrepresent affiliation with NOXCAT or XWHALE
* Damage the reputation, security, or operation of the Services

NOXCAT may suspend or terminate access if we reasonably believe you have engaged in prohibited conduct.

### 20. Compliance and Sanctions

You agree to comply with all applicable laws and regulations relating to your use of the Services, including laws relating to:

* Sanctions
* Export controls
* Anti-money laundering
* Counter-terrorist financing
* Consumer protection
* Data protection
* Financial services
* Securities
* Digital assets
* Taxation

You may not use the Services if you are subject to OFAC sanctions or any other applicable sanctions restrictions.

You may not use the Services from any jurisdiction where use of the Services is illegal or prohibited.

NOXCAT may restrict or terminate access where required by law or where we reasonably believe your use may create legal, regulatory, sanctions, or compliance risk.

### 21. No Financial, Investment, Legal, or Tax Advice

NOXCAT does not provide:

* Investment advice
* Financial advice
* Trading advice
* Legal advice
* Tax advice
* Accounting advice
* Securities advice
* Recommendation to buy, sell, hold, swap, or transfer any asset

Any information displayed through the Services is provided for informational purposes only.

You are solely responsible for your own decisions.

You should consult qualified professional advisors before making financial, legal, tax, or investment decisions.

### 22. Risk Disclosure

You acknowledge and accept that using blockchain, digital asset, swap, messaging, membership, rewards, security, and future RWA services involves significant risks.

#### 22.1 Digital Asset Risk

Digital assets may be volatile, illiquid, experimental, or lose all value.

#### 22.2 Blockchain Risk

Blockchain networks may experience congestion, downtime, attacks, forks, reorganizations, failed upgrades, or other failures.

#### 22.3 Smart Contract Risk

Smart contracts may contain bugs, vulnerabilities, design flaws, or malicious code.

#### 22.4 Market Risk

Prices may move rapidly and unpredictably.

#### 22.5 Liquidity Risk

You may be unable to buy, sell, swap, redeem, or transfer assets when desired.

#### 22.6 Cybersecurity Risk

Users may be targeted by phishing, malware, fake applications, social engineering, wallet drainers, malicious links, and other attacks.

#### 22.7 User Error Risk

Incorrect addresses, wrong networks, wrong tokens, excessive permissions, and mistaken approvals may result in permanent loss.

#### 22.8 Regulatory Risk

Laws and regulations relating to digital assets, wallets, swaps, DeFi, and RWA may change and may affect your ability to use the Services.

#### 22.9 Third-Party Risk

Third-party services may fail, be exploited, become unavailable, or act maliciously.

#### 22.10 RWA Risk

Future RWA services may involve issuer risk, redemption risk, custody risk, regulatory risk, and liquidity risk.

You assume all risks associated with your use of the Services.

### 23. Intellectual Property

The Services, including software, code, interfaces, designs, logos, trademarks, service marks, text, graphics, images, content, documentation, and other materials, are owned by XWHALE or its licensors.

Subject to these Terms, NOXCAT grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for personal, lawful, non-commercial purposes.

You may not:

* Copy the Services except as permitted by law
* Modify or create derivative works
* Reverse engineer or decompile the Services
* Remove proprietary notices
* Use NOXCAT trademarks without permission
* Resell or sublicense the Services
* Use the Services to build competing products

All rights not expressly granted are reserved.

### 24. User Content and Feedback

You may provide content, feedback, suggestions, support materials, or other information to NOXCAT.

You retain ownership of your content, but you grant NOXCAT a worldwide, non-exclusive, royalty-free license to use such content as necessary to provide, maintain, improve, and support the Services.

If you provide feedback, suggestions, or ideas, you agree that NOXCAT may use them without restriction or compensation.

You represent that you have the rights necessary to provide any content you submit.

### 25. Updates and Changes to the Services

NOXCAT may update, modify, suspend, discontinue, or remove any part of the Services at any time.

Updates may be required for security, legal compliance, technical improvements, or product development.

You are responsible for using the latest official version of NOXCAT Wallet.

Older versions may become unsupported.

NOXCAT is not responsible for losses resulting from your failure to update the application or from your use of unofficial or modified versions.

### 26. Suspension and Termination

NOXCAT may suspend, restrict, or terminate your access to all or part of the Services if:

* You violate these Terms
* You violate applicable law
* You create security risk
* You engage in fraudulent or abusive activity
* You are subject to sanctions
* We are required by law or regulation
* A third-party provider requires restriction
* Continued access may create legal, regulatory, security, or operational risk

Suspension or termination may occur without prior notice where permitted by law.

Because NOXCAT is self-custodial, termination of access to NOXCAT Services does not necessarily affect your ability to access your assets directly through compatible blockchain tools, provided you retain the necessary private keys, seed phrases, or recovery credentials.

### 27. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

NOXCAT AND XWHALE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

* MERCHANTABILITY
* FITNESS FOR A PARTICULAR PURPOSE
* TITLE
* NON-INFRINGEMENT
* ACCURACY
* RELIABILITY
* SECURITY
* AVAILABILITY
* QUIET ENJOYMENT
* ERROR-FREE OPERATION

NOXCAT DOES NOT WARRANT THAT:

* THE SERVICES WILL BE UNINTERRUPTED
* THE SERVICES WILL BE ERROR-FREE
* THE SERVICES WILL BE SECURE
* BACKUPS WILL ALWAYS BE AVAILABLE
* TRANSACTIONS WILL BE SUCCESSFUL
* THIRD-PARTY SERVICES WILL FUNCTION PROPERLY
* DIGITAL ASSETS WILL RETAIN VALUE
* SECURITY FEATURES WILL PREVENT ALL LOSSES
* FUTURE SERVICES WILL BE AVAILABLE

YOU USE THE SERVICES AT YOUR OWN RISK.

### 28. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XWHALE, NOXCAT, AND THEIR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

* LOST PROFITS
* LOST REVENUE
* LOST DATA
* LOST DIGITAL ASSETS
* LOST BUSINESS OPPORTUNITIES
* LOSS OF GOODWILL
* BUSINESS INTERRUPTION
* INDIRECT DAMAGES
* INCIDENTAL DAMAGES
* SPECIAL DAMAGES
* CONSEQUENTIAL DAMAGES
* EXEMPLARY DAMAGES
* PUNITIVE DAMAGES

WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER LEGAL THEORY.

WITHOUT LIMITING THE FOREGOING, XWHALE SHALL NOT BE LIABLE FOR LOSSES ARISING FROM:

* LOST PRIVATE KEYS
* LOST SEED PHRASES
* LOST RECOVERY CREDENTIALS
* FAILED BACKUPS
* COMPROMISED DEVICES
* PHISHING
* MALWARE
* USER ERROR
* BLOCKCHAIN FAILURES
* SMART CONTRACT FAILURES
* THIRD-PARTY SERVICES
* SWAP EXECUTION
* MARKET VOLATILITY
* UNAUTHORIZED ACCESS
* COERCION
* FRAUD BY THIRD PARTIES
* PUBLIC BLOCKCHAIN ACTIVITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XWHALE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

* (A) USD 100; OR
* (B) THE TOTAL AMOUNT YOU PAID DIRECTLY TO XWHALE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

### 29. Indemnification

You agree to defend, indemnify, and hold harmless XWHALE, NOXCAT, their affiliates, directors, officers, employees, contractors, agents, service providers, and licensors from and against any claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:

* Your use of the Services
* Your violation of these Terms
* Your violation of applicable law
* Your violation of third-party rights
* Your digital asset transactions
* Your use of third-party services
* Your user content
* Your messaging activity
* Your tax obligations
* Your misuse of the Services
* Your negligence, fraud, or misconduct

### 30. Governing Law

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

### 31. Dispute Resolution

You agree to first attempt to resolve any dispute informally by contacting NOXCAT at: <support@noxcat.io>

The notice should include:

* Your name
* Email address
* Description of the dispute
* Relevant facts
* Relief requested

If the dispute is not resolved within thirty (30) days after receipt of notice, either party may bring the dispute before the competent courts of Kuala Lumpur, Malaysia.

You agree to submit to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.

Nothing in these Terms prevents NOXCAT from seeking injunctive or equitable relief in any jurisdiction where necessary to protect its intellectual property, security, users, systems, or legal rights.

### 32. Class Action Waiver

To the maximum extent permitted by applicable law, you and XWHALE agree that any dispute shall be brought only on an individual basis.

You agree not to bring or participate in any class action, collective action, representative action, consolidated action, or private attorney general action against XWHALE or NOXCAT.

### 33. Force Majeure

NOXCAT shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, including:

* Natural disasters
* War
* Terrorism
* Civil unrest
* Government action
* Pandemics
* Labor disputes
* Power failures
* Internet failures
* Telecommunications failures
* Blockchain network failures
* Cyberattacks
* Service provider failures
* Regulatory restrictions
* Force majeure events

### 34. Notices

NOXCAT may provide notices by:

* Posting on our website
* Posting in the app
* Sending email to your registered email address
* Publishing public announcements
* Other reasonable methods

You are responsible for keeping your email address current.

You may contact us at: <support@noxcat.io>

### 35. Assignment

You may not assign or transfer these Terms or your rights or obligations without our prior written consent.

XWHALE may assign or transfer these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or by operation of law.

### 36. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.

The invalid provision will be interpreted to achieve its intended purpose to the maximum extent permitted by law.

### 37. No Waiver

Failure by NOXCAT to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

Any waiver must be in writing.

### 38. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific Services, constitute the entire agreement between you and XWHALE regarding the Services.

If additional terms apply to a specific feature, those additional terms will control with respect to that feature in the event of conflict.

### 39. Language

These Terms may be translated into other languages for convenience.

In the event of any conflict between the English version and any translated version, the English version shall prevail.

### 40. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may notify you by:

* Posting updated Terms on our website
* Displaying notice in the app
* Sending email to your registered email address
* Using other reasonable methods

Updated Terms become effective when posted or as otherwise stated.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Services.

### 41. Contact Information

If you have questions about these Terms, please contact us:

XWHALE TECHNOLOGY SDN. BHD.\
Registration No. 202601002128 (1664225-A)

Registered Office:

612, Jalan Haruan 4/8, Oakland Commercial Centre,\
70300 Seremban, Negeri Sembilan, Malaysia

Business Address:

F-12-03, Pusat Perdagangan Bandar Bukit Jalil,\
Persiaran Jalil 1, 57000 Kuala Lumpur, Malaysia

Websites:

* [https://www.noxcat.io](https://www.noxcat.io/)
* [https://xwhale.tech](https://xwhale.tech/)

Email: <support@noxcat.io>
