Overview

The following terms and conditions (collectively, this "Agreement") are a binding legal agreement between you and Xcotton (herein and thereafter referred as "Xcotton"). We recommend that you print a copy of this agreement for future reference.

Acceptance of Agreement

1. This agreement apply to the Xcotton website around the world (collectively, the "Site"). By creating a Xcotton account, whether through a mobile device, mobile application, or computer (collectively, the "Service") you agree to be bound by
2. these Terms of Use,
3. our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), each of which is incorporated by reference into this Agreement, and
4. any terms disclosed and agreed to by you if you purchase additional features, products, or services we offer on the Service (collectively, this "Agreement").
5. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
6. We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service on website, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we're unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

Eligibility

You are not authorized to create an account or access or use the Service or systems it resides on unless all the following are true:

1. You are at least 18 years of age (or older the minimum age of user according to your jurisdiction). If we reasonable doubts that your account has the risk of being used by a minor, we will deactivate or restrict your account.
2. You can form a binding contract with Xcotton,
3. You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition),
4. You will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations, and
5. You have never been convicted of a felony or indictable offense (or crime of similar severity).

Your Account

1. Register

Before using this service, you need to create an account. The account should be created using a mobile phone number or an Email. Please use a mobile phone number and Email that has not been bound to a Xcotton account to create an account. Xcotton may change the methods of account registration and binding according to user needs or product requirements.

2. You understand and promise that when registering and using an account:

• • The account you set must not violate laws and regulations of Hong Kong or your jurisdiction, this agreement, and other platform regulations.
  • Your account name, avatar, and profile information, as well as other personal information, must not contain illegal or harmful information.
  • You must not use insulting, defamatory, obscene, discriminate, or other words that violate laws, morals, and public order and customs for creation.
  • Xcotton has the right to review the registration information you submit. You understand and agree that the company has the right to prohibit creation and/or ban accounts of users who violate aforementioned account creation guidelines.

3. Account Security

• 1. Your account is only for your personal use. Without the written consent of Xcotton, you are prohibited from giving, lending, renting, transferring, selling, or allowing others to use the account in any form. If Xcotton reasonable doubt that the user is not the initial registrant of the account, Xcotton has the right to immediately suspend or deactivate the account.
  2. You are responsible for maintaining the confidentiality and security of your account and password. You are fully responsible for any activities conducted by any person using your account and password. Xcotton cannot distinguish illegal or unauthorized use of your account and password, so the company will not assume any responsibility. You also agree and promise to do the following:
  3. • When your account or password is used without authorization or when any security issue occurs, you should promptly and effectively notify Xcotton.
     • You agree to accept notifications and other relevant information sent to you by Xcotton through SMS, email, client, webpage, or other legal means.
  3. If you lose your account or forget your password, you can appeal and request to recover your account or password through the appeal channel provided by Xcotton.

4. Access to and Correction of Your Data

You have the right to access or correct your personal data submitted when you registered for an account. When requesting access to or correct your data, you must submit a written request and Xcotton will respond to your request within the statutory time limit after receiving it. In handling your request, Xcotton may verify your identity. If you refuse our verification of your identity, Xcotton have the right to refuse your request.

5. Account Deletion

You have the right to delete your account. After deleting your account, your personal information, service records and operation records will be cleared completely. If you have any problems about deleting your account, please contact us.

Shipping Protection Service

1. Shipments eligible for Xcotton Shipping Protection are covered against loss, damage and mis-delivery during transit.
2. 1. Loss Coverage:
   2. 1. Domestic Packages: If your packages are not marked as "delivered" by the courier within 30 days from the date of shipment, we will consider them lost. For such losses, the claims must be reported within 90 days after the shipment date.
      2. International Packages: If your packages are not marked as "delivered" by the courier within 60 days from the date of shipment, we will consider them lost. For such losses, the claims must be reported within 90 days after the shipment date.
      3. Packages Marked as "Delivered": If your packages are marked as "delivered" by the courier but you do not receive them, we will consider them lost, provided you submit sufficient supporting documents, like Police Report, Carrier Letter, Security camera recording.
      4. For the cases mentioned above, we will compensate you with either a replacement or a refund, which will not exceed the original purchase value of the items. For such loss, claims must be reported within 7 days from the time the courier's tracking record is updated to "delivered."
   2. Damage Coverage
   3. 1. If your packages are damaged, we will compensate you by offering either a replacement or a refund. The compensation amount will not exceed the original purchase value of the items.If the package is delivered with damage, it must be reported within 7 days from the time the courier's information is updated to "delivered."
   3. Mis-delivery by Courier
   4. 1. If the tracking status of your parcel is shown “delivered”, however, you have proof that the parcel is delivered to a wrong address instead of the address on your purchase order. Please contact the carrier to correct the address, if any cost arises from the re-delivery, Xcotton will cover such cost. If the parcel cannot be located, Xcotton will proceed it as a lost claim. The claims in such case must be reported within 7 days from the time the courier's tracking record is updated to "delivered."
   4. Delay in Delivery
   5. 1. Delay in delivery shall be said to occur when the covered package has not been delivered to the destination within the agreed time. You will be compensated with a predetermined amount.
      2. Maximum indemnity of above (1) through (4): up to the purchase price paid for the Covered Product. Delay in Delivery limits to one-time payment, maximum USD10 or equivalent.
2. Exclusions: In no case shall this protection cover loss damage or expense caused by:

• 1. War, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.
  2. Capture, seizure, arrest, restraint or detainment (piracy excepted) and the consequences thereof or any attempt thereat.
  3. Derelict mines, torpedoes, bombs or other derelict weapons of war;
  4. Strikers, locked-out, workmen or persons taking part in labour disturbances, riots or civil commotions resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.
  5. Caused by any terrorist or any person acting from a political motive.
  6. Inputting incorrect and insufficient address when checkout.
  7. Un-shipped parcels: Tracking statuses like “pre-shipment,” “label created,” or “shipment information received”.
  8. Goods detained or confiscated by relevant law enforcement or government authorities.
  9. Refused by recipient or returned to sender for other reasons: unless due to damage (provide damage photos as proof).
  10. Product issues happened before shipment: (e.g., rust, oxidation without visible water stains, or inherent product defects).
  11. Incorrect items: wrong items, wrong color, wrong style or wrong size.

3. Cancellation: If the order has not been shipped, please contact the merchant to request a refund for the shipping protection. If the order has already been shipped, the shipping protection cannot be canceled.
4. Limit of Indemnity:

a. Any one package or shipment:

• • For Damage or Loss - The indemnity under this Plan is the purchase price paid for the Covered Product as shown on the Confirmation Email. Our maximum liability for any one claim shall not exceed USD13,000. This amount shall not include shipping costs or the shipping protection fee. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, NO MATTER WHAT THE CAUSE, INCLUDING DELAY IN REPLACING THE COVERED PRODUCT UNDER THIS PLAN, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AWAITING REPLACEMENT.
  • For Delay in Delivery - One-time payment，maximum USD10 or equivalent.

5. If you breach this Agreement, the information you provide is untrue, or we have reasonable suspicion that you have committed an illegal act, we may, in our sole discretion, make you a risky customer. For at-risk customers, we may reverse your order and refund the fees charged, and we may take action, including blocking your account.
6. You understand and agree that due to legal, policy, commercial, shipping and other reasons, you may face the risk of not being insured in some cases, and you should not require us to bear any compensation or liability for this.
7. In the process of using our services, you agree that we will send you messages through SMS messages, emails or other valid contact information provided by you, and we will send you information to ensure that you can receive service notifications in a timely manner.

Your Personal Data and Privacy

1. In the process of registering an account or using this service, you may need to fill in and submit some personal information necessary to achieve the website function (such as mobile phone number, Email, address, etc.) and identity information that filled in according to laws and regulations (such as real-name information). If the information you fill in and submit is incomplete, untrue, or illegal, you may not be able to use this service or be restricted in using this service.
2. Xcotton attaches great importance to the protection of personal information and will take technical measures and other necessary measures to ensure the security of user personal information and prevent user personal information collected in this service from being leaked, damaged, or lost. To know more, please read the Privacy Policy.

Third-Party Service and Advertisement

1. You understand and agree that during your use of the services Xcotton may push relevant information, advertise, or promote brand promotion services to you. Xcotton service will also display commercial advertisements, promotions, or information (including commercial or non-commercial information) of Xcotton and/or third-party suppliers or partners within Xcotton.
2. In accordance with legal requirements, Xcotton shall fulfill its obligations related to advertising and promotion. You should independently judge the authenticity and reliability of the advertisements or promotional information and take responsibility for your judgments. Except as otherwise provided by laws and regulations, you shall bear the responsibility for purchases, transactions, or damages or losses incurred due to the aforementioned content. The company shall not be held liable.
3. You understand and agree the service may embed services provided by third-party service providers. Xcotton will display Xcotton and/or third-party suppliers within Xcotton services. You should independently judge the authenticity and reliability of the services provided by third-party service providers. Except as otherwise provided by laws and regulations, you shall bear the responsibility for damages or losses incurred due to the services provided by third-party service providers, and the company shall not be held liable.
4. When using third-party software and related services provided by third parties in Xcotton service, in addition to complying with this agreement, you may also need to agree to and comply with the agreements and related rules of third parties. Any disputes, losses, or damages arising from third-party software and related services shall be resolved between you and the third party, and Xcotton shall not be held liable.
5. In the Xcotton service, you may choose to use your third-party payment account and link your bank card for payment. You understand and confirm that this payment service is provided to users by third parties with legal qualifications. In addition to being subject to the constraints of this agreement, the terms and policies of the third-party payment service provider and financial institutions also apply. The conditions and regulations of such payment services are determined by you and the payment service provider. Xcotton shall not be held responsible for the payment service or financial institution.

Rights Xcotton Grants You

1. Xcotton grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use the Service's benefits as intended by Xcotton and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:
2. 1. use the Service or any content contained in the Service for any commercial purposes without our written consent.
   2. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information.
   3. accessible through the Service without Xcotton's prior written consent.
   4. express or imply that any statements you make are endorsed by Xcotton.
   5. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
   6. use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
   7. upload viruses or other malicious code or otherwise compromise the security of the Service.
   8. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
   9. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
   10. Encourage or promote any activity that violates this Agreement.
2. Xcotton may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.

Your Obligations

1. You will use the Site in good faith and in compliance with all applicable laws and regulations. The information and material you provide in connection with the use of the Site must be true, lawful and accurate, and is not false, misleading or deceptive.
2. You shall not use the Site to defraud Xcotton, our affiliates or other members or users, or service providers, or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law). You shall not use the Site for any illegal activities or in a manner that may result in complaints, disputes, claims, penalties, or other liability to Xcotton, other users or third parties or may be regarded as an abuse of the Site.
3. If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may suspend or restrict your access to the Site.
4. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Xcotton, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney's fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

Purchase and Other Terms and Conditions

1. Additional terms and conditions may apply to purchases of services of the Site,, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
2. Xcotton's obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
3. Xcotton may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to services may be out of date, and Xcotton makes no commitment to update the materials on the Site with respect to such products and services.

Refund

Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.

Taxation

Involving cross-border payment and taxation, Xcotton has the right to withhold and pay taxes or file tax returns for you in accordance with the tax laws of different jurisdictions and the requirements of tax authorities in different regions. At that time, it may be necessary to transmit your personal data and tax-related information to overseas tax authorities. You should cooperate with Xcotton to fulfill your tax obligations.

Anti Money Laundering (AML)

Xcotton's AML Policy is designed to ensure that Xcotton complies with the requirements and obligations set out in Hong Kong and international legislations, regulations, and rules, in place to mitigate the risk of the firm being used to facilitate financial crime. The AML Policy sets out the minimum standards which must be complied with by Xcotton and its employees and includes:

• Establishing and maintaining a Risk Based Approach (RBA) towards assessing and managing the money laundering and terrorist financing risks to Xcotton;
• Establishing and maintaining risk-based customer due diligence, identification, verification and know your customer (KYC) procedures, including enhanced due diligence for those customers presenting higher risk;
• Establishing and maintaining risk-based systems and procedures to monitor ongoing customer activity;
• Procedures for reporting suspicious activity internally and to the relevant law enforcement authorities as appropriate;
• Procedures for reporting suspicious fraudulent use of identification documents to the relevant law enforcement authorities as appropriate;
• The maintenance of appropriate records for the minimum prescribed periods;
• Xcotton may require its clients to provide additional information or documentation to fulfil our legal obligations and where it deems appropriate refuse any client or transaction that is suspected of being related to financial crime.

Intellectual Property

1. Intellectual Property Rights of Xcotton or Third-Party Service Providers
2. 1. The intellectual property rights of the content provided by Xcotton in the Site and related services (including but not limited to website, software, technology, programs, text, literary works, images, pictures, designs, patents, materials, music, videos, etc.) belong to Xcotton.
   2. The intellectual property rights related to the services and content provided by third-party service providers in the Site belong to the third-party service providers.
2. Works and Materials Created, Combined, Uploaded, and Published by Users
3. 1. You understand and promise that the content (including but not limited to text, images, videos, audio, etc., in various forms, and all components including music, sound, lines, visual design, etc.) that you publish and upload when using the Site related services is either created by you or you have obtained legal authorization (including transfer authorization) to use it. The intellectual property rights of the content generated by you through the Site and published/uploaded belong to you or the original copyright holder.
   2. You confirm that when Xcotton receives written notices from third-parties claiming that works and materials created, combined, uploaded, or published by you infringe their legal rights, Xcotton has the right, in accordance with the rules of platform intellectual property protection, to immediately delete the allegedly infringing works or terminate the links to the allegedly infringing works. If you believe that the works are not infringing, you can provide relevant evidence to Xcotton for counter-notification.
3. Xcotton Marks
4. 1. Please do not use Xcotton's marks, including but not limited to trademarks, service marks, trade names, domain names, website names, logos, or other prominent brand features (collectively referred to as "Marks") without the prior written consent of Xcotton. You are not allowed to display, use, or apply for registration of trademarks, domain names, or any other rights related to the aforementioned Marks in any way, alone or in combination, without the prior written consent of Xcotton. If you violate this agreement by using Xcotton's trademarks, marks, and other related signs, you will bear all legal responsibilities for any losses incurred by Xcotton or others.

Notice for Making Claims of Copyright Infringement

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please notify us with email (to be confirmed) to help you.

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number and email address and the copyright owner's identity;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Xcotton will delete the works of infringement and repeat infringers accounts will be terminated.

Disclaimer

1. XCOTTON DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. XCOTTON CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. XCOTTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCOTTON DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY XCOTTON SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST XCOTTON FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
2. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
3. Xcotton reserves the right to do any of the following, at any time, without notice:
4. 1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
   2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
   3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

1. Except where prohibited by law, in no event will Xcotton be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Xcotton has been advised of the possibility of such damages.
2. If, notwithstanding the other provisions of these Terms of Use, Xcotton is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Xcotton's liability shall in no event exceed the greater of
3. 1. the total of any services fees with respect to any service or feature of or on the Site paid in the three months prior to the date of the initial claim made against Xcotton, or
   2. US$100.00.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Applicable Law, Jurisdiction and Other

If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts. You are also protected by any mandatory provisions in the laws of the country/region in which you reside. Nothing in this Agreement (including the preceding paragraph) will affect your rights as a consumer to rely on mandatory provisions in your local law.

If any provision of this Agreement is deemed to be invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforce ability of the remaining provisions of this Agreement.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU AND XCOTTON TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT LIMITS YOUR RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDINGS.

1. Informal Dispute Resolution

Before initiating arbitration, the party seeking to assert a Dispute must provide the other party with written notice reasonably describing the nature of the Dispute, the facts underlying the Dispute, and the relief requested. The parties will have sixty (60) days from receipt of the written notice to attempt in good faith to resolve the Dispute.

During this period, the parties may communicate and attempt to resolve the Dispute by email, telephone, video conference, or other reasonable means. No in-person meeting is required, and either party may participate through counsel or another authorized representative.

Completion of this informal dispute resolution process is a condition precedent to initiating arbitration, to the extent permitted by applicable law. Neither party may unreasonably delay or frustrate this process. To the extent permitted by applicable law, any applicable statute of limitations will be tolled solely during the sixty (60)-day informal dispute resolution period.

If the parties do not resolve the Dispute during this period, either party may thereafter initiate arbitration in accordance with this Agreement.

2. Mandatory Arbitration of Disputes

Except to the extent (i) applicable law prohibits arbitration of a particular Dispute or requires a particular Dispute or remedy to be determined by a court, or (ii) this Agreement expressly provides that a particular Dispute must be brought in court, you and Xcotton agree that all Disputes will be resolved exclusively through final and binding individual arbitration and not through a court proceeding.

For purposes of this Agreement, “Disputes” means any dispute, claim, or controversy arising out of or relating to this Agreement, the Services, or the relationship between you and Xcotton, including disputes concerning the interpretation, performance, breach, termination, enforceability, or validity of this Agreement, except as otherwise provided in Section 3 below.

The arbitration will be conducted solely on an individual basis. You and Xcotton each waive the right to a trial by jury and, to the fullest extent permitted by applicable law, the right to participate in any class action, class arbitration, collective action, consolidated action, representative action, or other proceeding in which either party acts or seeks to act in a representative capacity.

The FAA governs the interpretation, enforceability, and enforcement of this arbitration agreement. This arbitration agreement will survive the termination of this Agreement.

3. Arbitration Procedures and Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified by this Agreement.

The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party seeking to initiate arbitration must submit a written Demand for Arbitration to the AAA and provide notice to the other party as required by the AAA Rules.

Unless applicable law requires otherwise, the matter will be heard and decided by one arbitrator. To the extent permitted by applicable law, the arbitrator will have authority to determine threshold questions concerning the interpretation, applicability, enforceability, and scope of this arbitration agreement, including whether a particular Dispute is subject to arbitration. However, any dispute concerning whether this arbitration agreement was formed, whether the parties agreed to arbitrate, or whether a party received or assented to these Terms will be determined by a court of competent jurisdiction, unless applicable law provides otherwise.

The arbitrator may award the individual relief available under applicable law to the party asserting the Dispute, subject to the limitations imposed by this Agreement.

4. Arbitration Costs and Attorneys’ Fees

Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules and applicable law. Xcotton will pay all filing, administration, and arbitrator fees that Xcotton is required to pay under the AAA Rules or applicable law, and will not seek reimbursement of those fees from you except to the extent permitted by applicable law.

Each party will be responsible for its own attorneys’ fees and costs unless applicable law or the AAA Rules provides otherwise. If applicable law permits an award of attorneys’ fees or costs to a prevailing party, the arbitrator may award such fees or costs as permitted by applicable law.

5. Class Action and Representative Action Waiver

YOU AND XCOTTON AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

To the fullest extent permitted by applicable law, no arbitration under this Agreement may be conducted on a class-wide, collective, consolidated, or representative basis, and the arbitrator may not combine the claims of multiple individuals or otherwise preside over such a proceeding.

Any arbitration award may provide relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual Dispute, except to the extent applicable law provides for or requires a non-waivable remedy or right to be pursued in court.

If any restriction on class, collective, consolidated, or representative proceedings is determined to be unenforceable with respect to a particular claim or proceeding, that restriction will be severed or narrowed only to the extent necessary, while the agreement to arbitrate individual claims will remain enforceable to the fullest extent permitted by applicable law.

6. Severability

Except as expressly provided in Section 5 above, if any provision of this arbitration agreement is determined by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

The parties intend that any enforceable portion of this arbitration agreement, including the agreement to arbitrate individual Disputes, remain effective and be enforced to the fullest extent permitted by applicable law.

7. Coordinated Arbitration Procedure

If multiple arbitration proceedings involving substantially similar claims are initiated against Xcotton, Xcotton may request that AAA apply its then-current procedures applicable to coordinated, mass, or multiple substantially similar arbitration proceedings.

To the extent permitted by the applicable AAA Rules and applicable law, AAA may establish procedures concerning filing, case management, scheduling, arbitrator appointment, or other administrative matters affecting multiple substantially similar proceedings. Each arbitration will remain separate and individual. Nothing in this Section permits class, collective, representative, or consolidated arbitration, except to the extent required by applicable law.

Nothing in this Section limits or waives any rights or defenses available to either party under the applicable arbitration rules or applicable law.

How to contact us

Our contact information and processing time:

1. Company Name: Xcotton
2. Official Website: www.xcotton.ai
3. Email: [email protected]
4. Phone: +1(888)715-1686

If you have any questions, opinions, or suggestions regarding this agreement, please contact us with above Email. In general, we will reply within 5 working days.

How to access this agreement:

• For your convenience in accessing and copying this user agreement, you can also visit our official website to access to it.

Miscellaneous

1. You understand that the names and titles of various chapters of this agreement are for convenience and reading purposes only. Because this agreement is displayed in many places on our platform, it may take some time for the entire agreement to be renamed. During this period, the existence of both names does not affect the meaning or interpretation of any terms in the text.
2. The titles in this agreement are for convenient reading and do not affect the meaning or interpretation of any provisions in this agreement.
3. You and Xcotton are independent entities. In any case, this agreement does not constitute any form of express or implied guarantee or condition by Xcotton to you.
4. This agreement is based on the English text. If there is any inconsistency between the English text, other language text, the English text shall prevail.
5. This agreement becomes effective and binding on you when you actively check " Agree" or when you use "affirmative actions" (such as active registration, active recharge, active content publication, active interaction with other users on the Site, and other active use of the Site functions).