Xgrowth Publisher Terms and Conditions

Version date: September 2026

These Publisher Terms and Conditions (the “Terms”) govern the Services supplied by XGROWTH LIMITED, a company incorporated in Cyprus under registration number HE412073, with its registered office at Florinis 7, Greg Tower, 2nd floor, 1065 Nicosia, Cyprus (“Xgrowth”), to the person identified as customer or publisher in an I/O (“Publisher”).

By signing or electronically accepting an I/O that references these Terms, Publisher agrees to the Agreement (as defined below). If an individual accepts for Publisher, that individual represents that he or she has authority to bind Publisher. If documents conflict, the following order applies: the I/O, the data processing addendum solely for data protection matters, and these Terms. An I/O varies these Terms only to the extent of a direct conflict or where it expressly identifies the provision varied and states the replacement term. For the avoidance of doubt, Publisher purchase orders, portals or other unilateral terms do not amend the Agreement, even if acknowledged or processed by Xgrowth.

1. Definitions

1.1 “Account” means a publisher, advertising, monetization, reporting, mediation or related account used in connection with the Services.

1.2 “Ad Revenue” means amounts recorded by an Advertising Platform or Demand Partner as attributable to monetization of Publisher Inventory, before or after deductions as specified in the I/O.

1.3 “Advertising Platform” means any advertising, monetization, ad serving, mediation, exchange, marketplace or related technology or service used in connection with the Services.

1.4 “Affiliate” means an entity that directly or indirectly Controls, is Controlled by, or is under common Control with a party, where “Control” means direct or indirect ownership of more than fifty percent of the voting interests or the power to direct the management and policies of the entity.

1.5 “Agreement” means: (a) each mutually accepted insertion order, order form, statement of work or similar commercial document referencing these Terms (each, an “I/O”); (b) these Terms; (c) any data processing addendum expressly incorporated into the I/O; and (d) any other schedule expressly incorporated by reference.

1.6 “Applicable Platform Terms” means all agreements, service-specific terms, online terms, program policies, partner guidelines, technical requirements, data protection terms, user consent requirements and other rules of an Advertising Platform, Demand Partner or Third-Party Provider that apply to an Account, Publisher, Publisher Inventory, Target Property or the Services, as updated from time to time.

1.7 “Authorized Account” means an Account that Publisher owns or controls and explicitly authorizes Xgrowth to access and/or manage for the Services.

1.8 “Demand Partner” means an advertiser, agency, buyer, exchange, marketplace, demand-side platform, network or other source of advertising demand.

1.9 “Invalid Activity” means invalid clicks, impressions, traffic, installations, conversions or other activity excluded, withheld, charged back, reversed or treated as invalid or ineligible by an Advertising Platform or Demand Partner.

1.10 “Publisher Inventory” means advertising inventory made available on or through a Target Property.

1.11 “Target Property” means each website, mobile application, software application, connected device or other property approved for use with the Services.

1.12 “Third-Party Provider” means an Advertising Platform, Demand Partner, measurement provider, consent platform, app store, hosting provider, payment provider or other third party whose products or services are used in connection with the Services.

2. Services

2.1 Xgrowth will provide the services identified in the I/O, which may include account setup, implementation support, yield optimization, reporting, ad operations, monetization, demand access, account management and related services (the “Services”).

2.2 Xgrowth may determine the manner and means of performing the Services, use Affiliates and subcontractors, and provide similar services to others. Xgrowth remains responsible for its subcontractors to the extent required by applicable law and this Agreement.

2.3 The Services are non-exclusive unless the I/O expressly provides otherwise. Publisher remains responsible for its business, products, Target Properties, users, traffic acquisition, content, technical environment and legal compliance.

2.4 Third-Party Providers independently control their services, policies, approvals, advertising selection, pricing, deductions, measurements, account status and enforcement. Xgrowth does not control or guarantee those matters.

2.5 Any service, feature or program not expressly included in the applicable I/O is outside the scope of the Services.

3. Authorization and account administration

3.1 Publisher explicitly authorizes Xgrowth, its personnel and approved subcontractors to access and manage each Authorized Account and use Advertising Platforms on Publisher’s behalf solely to provide the Services. Publisher will complete all invitations, consents, verification steps and technical integrations reasonably requested by Xgrowth or a relevant Third-Party Provider.

3.2 Publisher retains legal ownership or control of its Authorized Account and, subject to platform functionality and security restrictions, access to its account data and settings. Publisher will not obstruct, revoke or materially limit Xgrowth’s authorized access during the applicable Service term except where reasonably necessary for security or legal compliance.

3.3 Publisher is responsible for safeguarding credentials, configuring authorized users and all activity through Publisher-controlled credentials. Publisher must promptly report suspected unauthorized access or a security incident.

3.4 Publisher authorizes relevant Third-Party Providers to contact Publisher to verify its relationship with Xgrowth and authorizes Xgrowth and those providers to exchange information reasonably necessary for account administration, compliance, support, reporting, payments and enforcement.

3.5 Publisher appoints Xgrowth only for the limited authority stated in this clause. Except as expressly stated, neither party may bind the other or make commitments on the other’s behalf.

4. Applicable Platform Terms and Publisher obligations

4.1 Publisher must at all times comply with the Applicable Platform Terms and with reasonable instructions communicated through an Account or by Xgrowth that reflect those terms. Publisher acknowledges that Applicable Platform Terms may change during the term and will comply with changes from their effective date.

4.2 Publisher will not cause or permit Xgrowth to breach an upstream agreement or policy. Any obligation, restriction, warranty or standard imposed on Xgrowth under Applicable Platform Terms that is attributable to Publisher, its Accounts, Publisher Inventory, Target Properties, users, content, data, traffic, Affiliates, contractors or acts or omissions applies to Publisher on a back-to-back basis to the extent reasonably necessary for Xgrowth to comply.

4.3 Publisher is responsible for demonstrating compliance for matters within its control and will promptly provide records, consents, traffic-source information, app-store information and other reasonably requested evidence.

4.4 If Applicable Platform Terms impose a stricter requirement for use of the relevant Advertising Platform or Demand Partner, the stricter requirement applies to that use. The Agreement grants Publisher no rights against a Third-Party Provider and does not make Publisher a third-party beneficiary of an upstream agreement.

4.5 Publisher acknowledges that a Third-Party Provider may take enforcement action because of actual or suspected violations, including withholding or adjusting revenue and suspending, limiting or deactivating services, inventory or Accounts.

5. Publisher responsibilities

5.1 Publisher is solely responsible for: (a) Publisher materials, advertisements, applications, sites and content; (b) the legitimacy, quality and sources of traffic; (c) implementation and removal of tags, SDKs, code and integrations; (d) user support relating to Target Properties; (e) obtaining all rights, permissions and consents needed for the Services; and (f) acts and omissions of its Affiliates, personnel, agencies, developers, traffic suppliers and contractors.

5.2 Publisher represents and warrants throughout the term that it has authority to enter into the Agreement, appoint Xgrowth, use each Account and Target Property, provide all materials and data, and permit Xgrowth and relevant Third-Party Providers to process and use them as contemplated by the Agreement and Applicable Platform Terms.

5.3 Publisher will maintain accurate account, payment, tax, app-store, ownership, contact and verification information and promptly notify Xgrowth of any material change, investigation, complaint, security incident, ownership change or circumstance likely to affect eligibility or compliance.

5.4 Publisher will promptly implement reasonable remedial instructions from Xgrowth or a relevant Third-Party Provider, including removal or modification of content, traffic sources, tags, SDKs, integrations or advertising placements.

5.5 Publisher will not circumvent Xgrowth’s technical controls, reporting or agreed commercial arrangements, manipulate measurements, conceal inventory or traffic sources, or interfere with audits or compliance checks.

6. Prohibited practices

6.1 Publisher will not, and will not assist or knowingly permit any person to, generate or procure Invalid Activity; use bots, click farms, misleading placements, forced redirects, undisclosed incentives or fraudulent traffic; manipulate auctions, measurements, reporting or payments; or use Publisher Inventory that violates Applicable Platform Terms or applicable law.

6.2 Publisher will not transmit information to Xgrowth or a Third-Party Provider where the receiving party is prohibited from receiving it under Applicable Platform Terms or applicable law, including information recognized as personally identifiable or sensitive information where prohibited.

6.3 Publisher will not misuse, copy, reverse engineer, damage, tamper with or circumvent the security of an Advertising Platform or the Services, except to the limited extent a restriction is prohibited by law.

6.4 Publisher will not make misleading statements about its relationship with Xgrowth or any Third-Party Provider, guarantee platform results, or use third-party names, logos or marketing materials without required permission.

6.5 Publisher will not upload, distribute or monetize unlawful, infringing, deceptive, malicious or policy-prohibited content, or advertising or code that causes an unauthorized download.

6.6 Publisher will not use the Services in connection with any Target Property directed to children, or knowingly transmit personal data relating to a child, except where expressly approved in writing by Xgrowth and permitted under applicable law and Applicable Platform Terms. Publisher will implement appropriate age-screening and consent mechanisms where required.

7. Privacy, data and user consent

7.1 Each party will comply with applicable privacy, electronic communications, advertising, export and sanctions laws in performing the Agreement. The parties’ data roles and processing instructions may be further described in an incorporated data processing addendum.

7.2 Publisher will ensure each Target Property has a conspicuous, accurate and legally compliant privacy notice that discloses third-party advertising technology, relevant data collection and use, cookie or device-storage practices, and user choices. Publisher will obtain, document and transmit all consents and preference signals required by applicable law and Applicable Platform Terms. Publisher will maintain all end-user terms, policies, disclosures and notices reasonably necessary for the operation and monetization of each Target Property and for the lawful provision of the Services.

7.3 Publisher will implement an appropriate consent management mechanism where required, honor opt-outs and applicable deletion or reset mechanisms, and refrain from sending restricted personal data or sensitive data through ad requests, tags, SDKs or account fields.

7.4 Publisher authorizes Xgrowth to use and disclose Publisher data as necessary to provide, secure, support, administer charges and payments, monitor and improve the Services, comply with law and Applicable Platform Terms, and respond to relevant Third-Party Providers. Xgrowth may use aggregated or de-identified information that does not identify Publisher or an individual. Xgrowth may process business contact, account, verification and relationship-management information relating to Publisher’s personnel in accordance with Xgrowth’s Privacy Policy available at https://thexgrowth.com/privacy-policy/.

7.5 Publisher will notify Xgrowth without undue delay of any security incident, regulator inquiry or data-subject request relating to the Services and will reasonably cooperate in response.

8. Publisher content, intellectual property and brand features

8.1 Each party retains all rights in its pre-existing technology, materials, data, know-how and brand features. Except as expressly stated, no intellectual property rights transfer under the Agreement.

8.2 Publisher grants Xgrowth, its Affiliates, subcontractors and applicable Third-Party Providers a non-exclusive, worldwide, royalty-free licence during the term to host, reproduce, process, technically format, transmit, display and otherwise use Publisher materials, data and brand features solely to provide, secure, promote within the advertising ecosystem and administer the Services, as permitted by Applicable Platform Terms.

8.3 Publisher represents that Publisher materials and their authorized use do not violate law, privacy rights, intellectual property rights, platform rules or contractual restrictions.

8.4 Xgrowth retains all rights in its tools, workflows, templates, configurations, analytics methods and general know-how. Subject to payment, Publisher may use deliverables created specifically for Publisher for its internal business purposes, excluding Xgrowth background technology and third-party materials.

8.5 Publisher may provide feedback voluntarily. Xgrowth may use and exploit that feedback without restriction or payment, provided it does not identify Publisher or disclose Publisher Confidential Information.

9. Measurement, reporting and revenue

9.1 Advertising Platform and Xgrowth reports may be preliminary and subject to reconciliation. Unless the I/O expressly states otherwise, the relevant Advertising Platform’s or Demand Partner’s final measurements and accounting control for impressions, clicks, Invalid Activity, deductions, net Ad Revenue and related amounts.

9.2 Xgrowth does not guarantee advertising availability, fill rate, auction participation, advertiser demand, CPM, revenue, payment timing or minimum performance. Estimates, dashboards and forecasts are informational only.

9.3 An Advertising Platform or Demand Partner may exclude, withhold, reverse, debit or adjust amounts for Invalid Activity, policy violations, refunds, chargebacks, taxes, sanctions, account status or other reasons under Applicable Platform Terms. Any related calculation, credit or payment under the Agreement will be correspondingly adjusted. Xgrowth may invoice or otherwise recover any amount previously credited to Xgrowth or Publisher in error or later reversed.

9.4 Publisher may not disclose confidential platform terms or Xgrowth revenue-share percentages, pricing methodology or data that would allow a third party to ascertain them, except to professional advisers bound by confidentiality or as required by law.

9.5 Publisher must notify Xgrowth of a good-faith reporting dispute within fifteen days after the relevant statement. After that period the statement is accepted, except for manifest error or a later adjustment by a Third-Party Provider.

10. Fees, payments and taxes

10.1 The I/O will identify the applicable commercial model and terms, which may include one or more of the following: (a) a revenue-share model under which the relevant Advertising Platform or Demand Partner pays Publisher its share of Ad Revenue and pays Xgrowth’s agreed revenue share directly to Xgrowth, so that Xgrowth does not collect Publisher’s share for onward payment; (b) a direct-fee model under which Xgrowth invoices Publisher for the agreed fee or other commercial arrangement; or (c) a performance based model under which Xgrowth shall be entitled to receive a fee calculated based on performance criteria stipulated in an I/O.

10.2 Under the revenue-share model, each party’s entitlement is subject to the relevant Third-Party Provider’s final calculations, payment eligibility, thresholds, deductions, timing and Applicable Platform Terms. Xgrowth is not responsible for collecting or paying Publisher’s share and has no obligation to advance disputed, withheld, reversed, below-threshold or unpaid amounts.

10.3 Under the direct-fee model, unless the I/O states otherwise, invoices are due within fifteen days of receipt, in the currency stated in the I/O, without set-off or deduction except as required by law. Fees may be fixed, recurring, usage-based, performance-based or as otherwise determined in the I/O.

10.4 Xgrowth may invoice or offset against amounts otherwise owing to Publisher any fees, taxes, platform charges, refunds, Invalid Activity adjustments, overpayments and other undisputed amounts. Publisher will repay an overpayment within ten days from receipt of notice.

10.5 Amounts exclude VAT and similar indirect taxes unless expressly stated. Each party is responsible for its own taxes and will provide valid invoices, tax forms and residency or withholding documentation reasonably requested. If withholding is legally required from a payment to Xgrowth, Publisher will provide evidence of payment and, except where prohibited, gross up the payment so Xgrowth receives the invoiced amount.

10.6 Overdue undisputed amounts payable to Xgrowth bear interest at the lesser of one percent per month and the maximum lawful rate, plus reasonable collection costs. Xgrowth may suspend Services for overdue amounts after written notice.

11. Service changes, support and beta features

11.1 Xgrowth may modify the Services to reflect changes by Third-Party Providers, security needs, legal requirements, product improvements or supplier discontinuation, provided a modification does not materially reduce paid Services during a committed term without an appropriate remedy.

11.2 Support, if any, is described in the I/O. Unless expressly stated, no Third-Party Provider is obligated under the Agreement to provide Publisher technical support.

11.3 Beta, experimental, limited-release or pre-release features are optional, provided as available, may change or end at any time, and are used at Publisher’s risk without support or service commitment.

12. Suspension

12.1 Xgrowth may immediately suspend or restrict the Services, access, monetization, payments, tags or an Account to the extent reasonably necessary where: (a) a Third-Party Provider suspends or restricts a relevant service; (b) Xgrowth reasonably suspects a legal, security, payment, Invalid Activity or policy risk; (c) Publisher breaches clauses 5 through 8; or (d) continued service may expose Xgrowth, a Third-Party Provider, users or others to liability or harm.

12.2 Where reasonably practicable, Xgrowth will notify Publisher and allow remediation. Xgrowth is not required to override or delay third-party enforcement. Suspension does not relieve Publisher of accrued payment obligations or liability for activity before removal of tags or access.

12.3 Publisher will cooperate promptly with investigation and remediation. Xgrowth may share relevant information with Third-Party Providers, regulators or affected parties where legally permitted and reasonably necessary.

13. Term and termination

13.1 Each I/O begins on its effective date and shall remain in force and effect until terminated pursuant to clause 13.2 below or as otherwise stated in that I/O.

13.2 Either party may terminate an I/O immediately by notice if the other party materially breaches the Agreement and the breach is incapable of remedy, or fails to remedy a remediable breach within ten days after notice. Xgrowth may terminate immediately for a breach of clauses 4 through 7, repeated breaches, fraud, insolvency, sanctions risk, Invalid Activity, material legal or reputational risk, or loss, expiry or suspension of a required approval, Account, program participation or upstream agreement.

13.3 Xgrowth may terminate or modify affected Services immediately if a Third-Party Provider terminates, suspends, materially changes or no longer permits the relevant program, service or Xgrowth’s access.

13.4 On termination, Publisher will cease using the affected Services and promptly remove applicable tags, SDKs, code and access rights. Publisher remains liable for use and charges until removal is complete. Xgrowth will cease access to Authorized Accounts as required by Applicable Platform Terms.

13.5 Accrued rights and provisions intended by nature to survive will survive, including payment, audit, confidentiality, intellectual property, indemnity, limitations, dispute provisions and post-termination adjustments.

14. Confidentiality and publicity

14.1 Each recipient will protect the other party’s non-public business, technical, financial, account and contractual information (collectively, “Confidential Information”) using at least reasonable care and use it only to perform or exercise rights under the Agreement. Disclosure is permitted to Affiliates, personnel, subcontractors and advisers who need to know and are bound by confidentiality obligations.

14.2 Confidential Information excludes information lawfully known without restriction, independently developed, received lawfully from a third party, or public through no breach. A legally compelled recipient may disclose required information after prior notice where legally permitted.

14.3 Xgrowth may identify Publisher as a customer and use Publisher’s company name, trade name and logo on Xgrowth’s website, customer lists and marketing materials only after Publisher has approved such use in writing, including by email. Publisher may subsequently request that Xgrowth remove or reasonably modify any such use, and Xgrowth will do so within a reasonable period. No endorsement, testimonial, press release or case study is authorized without Publisher’s separate prior written approval.

14.4 Publisher will not make public statements about confidential upstream arrangements or use a Third-Party Provider’s brand features except as permitted by the Applicable Platform Terms or approved in writing.

14.5 Neither party is prevented from raising suspected legal non-compliance with a competent public authority.

15. Warranties and disclaimers

15.1 Each party warrants that it has authority to enter into the Agreement. Xgrowth will perform its professional services with reasonable care and skill.

15.2 Except for express warranties in the Agreement, the Services are provided “as is” and “as available”. To the maximum extent permitted by law, Xgrowth disclaims implied warranties of merchantability, satisfactory quality, fitness for purpose, non-infringement and uninterrupted or error-free operation.

15.3 Xgrowth is not responsible for advertisers, buyers, Third-Party Providers, connectivity, Target Properties or other third-party products, decisions, acts or omissions. No Third-Party Provider is a party to the Agreement or provides a warranty to Publisher through Xgrowth. Without limiting the foregoing, Xgrowth is not responsible for monitoring or approving advertisements, advertising creative, offers, products, services or destination pages supplied or controlled by advertisers, Demand Partners or other Third-Party Providers.

15.4 Publisher’s exclusive remedies for third-party outages, measurement, deductions, payment decisions or enforcement are those, if any, that Xgrowth can pass through under applicable upstream terms and only to the extent actually received by Xgrowth.

16. Indemnification

16.1 Publisher will defend, indemnify and hold harmless Xgrowth, its Affiliates and their directors, officers, employees, contractors, and applicable Third-Party Providers from third-party claims, liabilities, losses, damages, penalties, settlements, costs and reasonable legal fees arising out of or relating to: (a) Publisher materials, Target Properties, brand features, traffic or data; (b) Publisher’s or its contractors’ use of or access to the Services; (c) breach of the Agreement or Applicable Platform Terms; (d) Invalid Activity, privacy or consent failures, or violation of law; (e) a claim by Publisher’s user, advertiser, buyer, supplier, Affiliate or contractor; or (f) Xgrowth’s participation in or management of an Advertising Platform program to the extent attributable to Publisher.

16.2 The indemnity includes amounts Xgrowth must indemnify or pay a Third-Party Provider due to Publisher-related acts or omissions, without limiting any duty to mitigate required by law.

16.3 Xgrowth will promptly notify Publisher of a claim, provide reasonable cooperation at Publisher’s expense, and permit Publisher to control the defence, provided Publisher may not settle a claim requiring an indemnified party to admit liability, pay money not funded by Publisher, alter services, or take or refrain from action without prior written consent.

16.4 Xgrowth will indemnify Publisher against damages finally awarded by a court on a third-party claim that proprietary materials created solely by Xgrowth for Publisher infringe that third party’s copyright or trademark, excluding claims arising from Publisher materials, instructions, modifications, combinations, third-party platforms or continued use after notice. Xgrowth may modify, replace or terminate affected materials as Publisher’s exclusive remedy.

17. Limitation of liability

17.1 Nothing excludes liability that cannot lawfully be excluded, or liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or Publisher’s obligation to pay amounts properly due.

17.2 Neither party is liable for indirect or consequential loss, or loss of profit, revenue, anticipated savings, business opportunity, goodwill or data, except that this exclusion does not limit amounts payable under Publisher’s indemnity or liability for confidentiality, privacy, security, intellectual property or fraudulent conduct.

17.3 To the maximum extent permitted by law, Xgrowth’s aggregate liability arising from an I/O in any rolling twelve-month period will not exceed the fees retained by Xgrowth under that I/O during the three months preceding the event giving rise to the claim.

17.4 The liability cap does not limit Publisher’s payment obligations, indemnification obligations, fraud, wilful misconduct, Invalid Activity, breach of confidentiality, infringement or misappropriation of intellectual property rights, breach of data protection or security obligations, or amounts charged, withheld or recovered by a Third-Party Provider due to Publisher-related acts or omissions.

17.5 Claims must be commenced within twelve months after the claimant became aware, or reasonably should have become aware, of the facts giving rise to the claim, except where prohibited by law.

18. Audit and records

18.1 Publisher will maintain complete records reasonably sufficient to demonstrate compliance, traffic provenance, consents, user notices, rights and payment calculations for at least three years after the relevant activity or any longer period required by law or Applicable Platform Terms.

18.2 On reasonable notice, Publisher will provide records and permit Xgrowth or its independent auditor to conduct a compliance review. Immediate review is permitted where Xgrowth reasonably suspects fraud, Invalid Activity, security risk or material policy breach. Reviews will be conducted to minimize unnecessary disruption and subject to confidentiality.

18.3 Publisher will reimburse reasonable review costs if a material breach or an underpayment exceeding five percent is identified, without limiting other remedies.

19. Changes to these Terms

19.1 Xgrowth may update these Terms prospectively by posting a revised version and updating the version date. Changes required by law, security, Applicable Platform Terms or platform policy may take effect when posted or on shorter notice where reasonably necessary. Other material changes will take effect on at least thirty days’ notice to Publisher.

19.2 Changes do not retroactively alter accrued rights. If Publisher objects to a material non-mandatory change, its sole remedy is to terminate the affected I/O by notice before the change takes effect, unless the I/O contains a committed non-cancellable term.

19.3 Xgrowth will retain prior versions. The version accepted with or applicable to an I/O governs until a valid update takes effect.

20. General

20.1 The parties are independent contractors. The Agreement creates no partnership, employment, fiduciary, franchise or joint venture relationship.

20.2 Publisher may not assign the Agreement without Xgrowth’s written consent. Xgrowth may assign it to an Affiliate or in connection with a merger, reorganization, financing or transfer of all or substantially all relevant business or assets, on notice to Publisher.

20.3 Notices of breach or termination must be in English and sent by email to the contacts in the I/O, with notices to Xgrowth copied to legal@thexgrowth.com. Notice is effective on confirmed transmission or automated receipt, unless the sender receives a failure notice.

20.4 Neither party is liable for delay caused by circumstances beyond reasonable control, except payment obligations. If such event materially prevents the Services for thirty days, either party may terminate the affected I/O.

20.5 Failure to enforce is not a waiver. Invalid provisions will be modified to the minimum extent necessary and the rest remains effective. No third party has enforcement rights, except an indemnified person may rely on clause 16.

20.6 The Agreement is the entire agreement on its subject matter and may be amended only as permitted by clause 19 or in a writing signed or electronically accepted by authorized representatives.

20.7 The Agreement and non-contractual disputes are governed by the laws of the Republic of Cyprus. The courts of Nicosia, Cyprus have exclusive jurisdiction, except either party may seek urgent injunctive relief in any competent court.

20.8 Electronic signatures, counterparts and electronic records are valid. Headings are for convenience. “Including” means “including without limitation”. English controls over any translation.

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