Pre-Order Terms

XForge Smartphone Pre-Order Terms and Conditions

Effective as of 15 January 2025

1. Main Terms

By placing a pre-order for the XForge Smartphone (the "Device") through https://xprotocol.org/xforge or any other affiliated website (the “Website”), you agree to these Pre-Order Terms and Conditions ("Terms"), entered into between you and QSOFT SERVICES CORP. (“we” or “us”). Please read them carefully before making a pre-order through our website. These Terms govern the pre-order process for the XForge Smartphone. By placing a pre-order, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

2. Pre-Order Process

By pre-ordering the Device, you are, at no additional charge, purchasing an option to receive the Device once it becomes available for shipment at some point in the future by paying the price for the Device, displayed to you on the Website at the time of pre-order (the “Purchase Price”). Pre-order is complete once you have paid the Purchase Price with a form of payment accepted on the Website.

Pre-ordering BY NO MEANS CONSTITUTES AN ABSOLUTE OBLIGATION ON OUR BEHALF TO SHIP THE DEVICE TO YOU ONCE IT BECOMES AVAILABLE. Pre-ordering does not guarantee availability in all regions, and certain areas may be excluded from delivery based on logistical and regulatory limitations. We will notify you if we are unable to fulfil your pre-order due to these or any other constraints. We may cancel the pre-order at any time for any reason at our sole discretion.

3. Non-Final Specifications and Design

Please note that all product descriptions, including but not limited to specifications, designs, colours, and packaging displayed to you on the Website, are subject to change. The final product may differ from any images, specifications, or other information provided at the time of pre-order. We reserve the right to make changes to the Device prior to shipment without prior notice to you.

The Device Purchase Price is based on features and options anticipated to be available at the time of pre-order. Options, features, software or hardware released or changed after you place your pre-order may not be included in or available for your Device at the time of release.

4. Reservation and Payment

Upon placing a pre-order, you will be required to provide certain information to enable us to process the request, such as shipping and payment information. Payment of the Purchase Price is required at a later stage for you to be eligible to receive the Device at a later stage. By submitting payment information, you authorise us to charge your provided payment method regardless of when the Device is available for shipping.

5. Pricing

The Purchase Price of the Device paid by you at the time of pre-order is not final and may be subject to change. We reserve the right to adjust the Purchase Price at any time before the Device is shipped. If the Purchase Price is adjusted, you will be notified. The Purchase Price does not include shipping/delivery costs, taxes, official or any other governmental fees. Taxes and fees are subject to change and depend on your location and destination of delivery, and may not be displayed . You are solely responsible for paying these additional taxes and fees.

6. Delivery and Availability

The estimated shipping date for the Device is provided at the time of pre-order and is subject to change. The delivery of the Device is contingent upon factors beyond our control, including manufacturing schedules, customs clearances, and logistical limitations. Shipping and delivery dates cannot be guaranteed. We are not liable for any delays in shipments. Your actual delivery date is dependent on various factors, including the manufacturing timeline for the Device, delivery and service operations availability, as well as other factors

The Device may not be available in certain areas and jurisdictions, and we are not responsible for delays or the inability to fulfil orders in specific regions. You must comply with all domestic and international import and export laws and regulations that apply in connection with the Device. These laws may include restrictions on destinations, users, and end use. You are solely responsible for entering the correct shipping information. Delivery to PO boxes might not be available. In case of any error in shipping due to shipping information provided by you, no refunds will be issued. If the Device is returned to the sender, you will be charged for any fees and costs associated with re-shipping the Device to you.

Title and risk of loss pass to you upon our transfer of the Device to a third-party carrier. We will not be liable for any claims for damage to the Device or losses occurring while the Device is in transit (in delivery), or the inability of the courier service to deliver the device to you for reasons beyond our control, including in case the Device is not able to clear customs at your location.

In case the Device is not delivered to the customs (port of entry) in your country due to the shipping company’s restrictions, we may, at our sole discretion, offer you Xardian (XProtocol) Node(s) in the amount and tier equivalent to the Purchase Price, without prejudice to other provisions of these Terms.

If shipping of the Device is delayed for longer than six months from the date of the pre-order (Purchase Price payment date), you may elect to receive Xardian (XProtocol) Node(s) in the amount and tier equivalent to the Purchase Price by contacting us.

7. Limitation of Liability

To the fullest extent permitted by law, the company will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, loss of data, or damages arising from your use of or inability to use the Device, even if we have been advised of the possibility of such damages. Our total liability under these Terms shall in no event exceed the amount paid by you under the pre-order.

8. Warranty and Product Liability

All warranty and product liability obligations related to the XForge Smartphone rest solely with the Device manufacturer. The company does not provide any warranty, express or implied, for the Device and is not responsible for any manufacturing defects, malfunctions, or performance issues. Any claims regarding the warranty or product defects must be made directly to the manufacturer in accordance with their warranty policies.

9. Cancellation and Refunds

PRE-ORDERS ARE NON-REFUNDABLE AND NOT SUBJECT TO CANCELLATION. YOU WILL NOT BE REFUNDED THE PURCHASE PRICE IF YOU DO NOT WISH TO RECEIVE YOUR PHONE. Once the Device has been shipped, all sales are final, and any returns or exchanges must be handled in accordance with the manufacturer’s return policy.

10. Further use of the Device

Subject to you successfully completing all pre-order requirements and accepting delivery of the Device, you will be bound by the XForge terms and conditions, and/or any other related terms that will govern your use of the Device, along with any software pre-installed on the Device. In case you wish not to be bound by any such terms, we may not be able to provide any refunds or accept the Device back. Your only recourse may be to stop using the Device.

We are not responsible for your ability or inability to access and use any hard- or software features of the Device, such as network connectivity or any other features.

11. Dispute resolution

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the country at our location, without giving effect to any choice or conflict of law provision or rule that would cause the application of any other laws of any jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12. Changes to Terms

We reserve the right to make changes to these Terms at any time. Any changes will be posted on our website, and continued participation in the pre-order process after such changes will constitute your acceptance of the new Terms.