Effective as of: June 25, 2024

Welcome to EleveX. Please read these Terms carefully to understand the rules that govern your use of our Services. If you have any questions or concerns, please contact us at [email protected].

ARBITRATION NOTICE AND CLASS ACTION WAIVER

EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ELEVEX WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By accessing our website, applications, products and services, you agree to the following Terms and Conditions.

1. Acceptance of the Terms of Service

(1) These Terms and Conditions are entered into by and between you or your business entity (“You” or the “User”) and EleveX Holding FZ-LLC (“EleveX,” “Company” or “We”). These Terms govern your access to and use of our websites, applications, and services, including any content or functionality offered (the “Services”).

(2) By signing or clicking “accept” when prompted, or by using our Services, you agree to be bound by these Terms and our Privacy Policy (https://www.elevex.ai/privacy-policy), which is incorporated by reference. If you do not agree, do not use our Services. Your use may also be subject to a separate Master Services Agreement (“Master Agreement”). In case of conflict, the Master Agreement will prevail.

(3) Our Services are not intended for users under 18 years old. We do not knowingly collect information from anyone under 18. If you are under 18, do not use or register for our Services. If we learn we have received information from someone under 18, we will delete it. Contact [email protected] if you believe we have collected such data.

2. Changes to the Terms

(1) We may update these Terms from time to time at our discretion. Changes will be effective 30 days after being posted on our website.

(2) By continuing to use our Services after changes become effective, you agree to the revised Terms. Please review this page regularly.

3. Description of the Service

(1) EleveX operates a digital platform that tokenizes real-world assets through the creation of Special Purpose Vehicles (“SPVs”) or other structures to hold those assets (“Tokenized Assets”), and issues “mirror” tokens that represent equity interests in such vehicles. Our Services may include:

(a) Onboarding users and creating user profiles
(b) Enabling customers (real estate developers or asset owners) to create and manage Tokenized Assets via Master Agreement and Order Forms
(c) Allowing users to invest in Tokenized Assets and access SPV-related tools
(d) Facilitating the purchase or sale of equity interests in Tokenized Assets
(e) Any other services provided by EleveX or through third-party integrations (online or offline)

(2) Services may involve:

• Managing personal and investor data (see Privacy Policy)

• Issuing contracts and amendments

• Enabling secondary market equity transactions

• Using compliance APIs and services such as DocuSign, AWS, MongoDB, etc.

4. Limitation of Services

Users acknowledge that EleveX is not a registered investment adviser, broker-dealer, or any similar regulated entity. EleveX cannot and will not perform actions that require such licensing. Our role is limited to providing access to our digital platform and services as outlined. Users are solely responsible for ensuring their activities, including the creation and management of SPVs, comply with applicable laws and regulations.

5. User Responsibilities

You agree not to use the Services for unlawful purposes, including but not limited to:

• Violating any applicable laws or regulations

• Exploiting or harming minors

• Sending spam, viruses, or malicious content

• Impersonating any person or entity

• Attempting to gain unauthorized access to systems or data

You are responsible for your actions on the platform and for keeping your account credentials secure.

6. Account Registration and Security

To access certain Services, you must register an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately if you suspect unauthorized access to your account.

7. Intellectual Property

All content and functionality on the platform—including design, text, images, and software—are owned by EleveX or its licensors and protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without written permission.

8. Investment Risk Disclaimer

Investing in Tokenized Assets involves risks, including the potential loss of capital. EleveX does not guarantee investment performance or returns. You are solely responsible for conducting due diligence before investing.

9. No Investment Advice

EleveX does not provide financial, legal, or tax advice. Nothing on our platform should be interpreted as a recommendation to invest. You should consult professional advisors before making investment decisions.

10. Limitation of Liability

To the fullest extent permitted by law, EleveX and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business opportunities arising from your use or inability to use the Services.

11. Indemnification

You agree to defend, indemnify, and hold harmless EleveX and its affiliates from any claims, liabilities, damages, judgments, and expenses (including legal fees) arising from your use of the Services or violation of these Terms.

12. Termination

We may suspend or terminate your access to the Services at any time for violations of these Terms or for any reason at our discretion. You may terminate your account by contacting us.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the United Arab Emirates. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts of Dubai, UAE.

14. Arbitration Agreement

Any disputes arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration, conducted by a single arbitrator in accordance with the rules of the Dubai International Arbitration Centre (DIAC). Each party will bear its own costs unless otherwise decided by the arbitrator.

15. Contact Information

For any questions about these Terms, please contact us at:

EleveX Holding FZ-LLC
Email: [email protected]
Website: www.elevex.ai