Last updated: October 13, 2023
By Management
These terms and conditions also referred to as app terms of service or terms of use explain the rules, requirements, restrictions and limitations that users must abide by in order to use the application (the “Terms & Conditions”). The Terms and Conditions apply to you (“you” or the “Customer”) when accessing and using the MXC AXS application, any related website and its content (the “App” or “Application”) concerning your access to and use of the mobile application and constitutes a binding agreement between you and MXC Foundation LLC company registration 1793 LLC 2022 (“MXC Foundation”).
1. Applicability and change of terms
By checking the acceptance box and proceeding to use the MXC AXS Application you agree to these Terms & Conditions. These Terms & Conditions shall apply to the fullest extent permitted by applicable law. You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU DO NOT HAVE THE RIGHT TO USE THE APPLICATION AND YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the App after the date such revised Terms are posted.
The App is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the App. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the App.These Terms & Conditions also apply to any content you download from and services you access through the Application. The Application is compatible with certain third party products and/or services. These Terms & Conditions do not apply to the use of such third party products and/or services. Separate terms and conditions may apply between you and the provider/manufacturer of the third party product and/or service in addition to these Terms & Conditions when using the Application in conjunction with such product/service. You must comply with applicable third party terms of agreement when using the Application. The MXC Foundation is not responsible or liable for the functionality, content or features of any third party product and/or service.The Application is only available to users who have reached the age of majority in the province or territory in which they reside. You represent and warrant that you have the necessary legal competence, e.g., that you are of that legal age of majority, to accept these Terms & Conditions and enter into a binding agreement. If you have not reached the age of majority, you confirm that you have received your parent’s or guardian’s permission to use the Application and that your parent or guardian hereby acknowledges and agrees to these Terms & Conditions on your behalf.If you are entering into these Terms & Conditions on behalf of a company or an organization, you represent and warrant to the MXC Foundation that you have the right and authority to do so. When the Terms &Conditions are entered into with a company or organization you present, “you”or the “Customer” means that company or organization, as applicable.
By accepting these Terms and Conditions you represent and warrant that(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Additionally, you warrant that you are abiding by all local and regional laws that apply to you, your person and your whereabouts.You hereby acknowledge and agree that these Terms and Conditions are concluded between the MXC Foundation and you only, and not Apple, Google, Android or another 3rd party. The MXC Foundation, not Apple, nor Android nor Google, is solely responsible for the Application and the content thereof.
2. Application
The Application is made for the purpose of operating MXC Foundation tools or products that are compatible with the MXC AXS Application and traded using MXC or via MXC partners retailers or products from third parties which through collaborations between the third party and the MXC Foundation are made compatible with the Application (“Third Party Products”).To improve the MXC AXS Application, a third party engaged by the MXC Foundation may analyse your use of the MXC AXS application and the Third Party offerings. The MXC Foundation will continue to develop the Application and reserves the right to make any type of changes to the Application, including changes in functionality. Changes may affect hardware and software that are integrated with the Application. The MXC Foundation also reserves the right to stop providing the Application with little or no advance notice. While we will try to notify you before making any material changes to the Application, unfortunately, this is not always possible.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the applicable jurisdictions including the United States, Saint Vincent and the Grenadines and other foreign jurisdictions, as well as international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content, and the Marks. We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the Application to users who have registered with us.
3. Your right to use the Application
Subject to these Terms & Conditions, the MXC Foundation hereby grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Application, as provided to you by the MXC Foundation, on any Apple or Android Product(s) that you own or control and solely for i) your lawful, private, personal and non-commercial use of operating the MXC AXS Tools, Hardware, or Products and/or Third Party Products if you are a consumer, or ii) non-commercial use of operating MXC Foundation Hardware, Products and/or Third Party Products if the user / customers is a company or organization.The license is subject to any usage rules set forth by your technology provider, Apple or Google’s Android and published in its App Store terms of service. You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the Application to that device. You accept responsibility, in accordance with these Terms & Conditions, for all access to, and use of, the Application by you on any device, whether or not it is owned by you.You represent and warrant and agree that you will not use the Application in a manner that violates any applicable law or infringes on any third parties’ rights and that you will not use the Application with other products than the MXC Foundation Products and/or the Third Party Products. If you use the Application in a manner that violates the Terms & Conditions the MXC Foundation may limit or terminate your access to the Application, at its sole discretion.As part of using the Application, you may create connections between various MXC Foundation Products and/or Third Party Products, Partners, including, but not limited to wallets and or exchanges as part of using the Application. You acknowledge and agree that connecting any physical devices or third party services to the Application, or otherwise using the Application, in a manner that could be dangerous to you or to others, or which could cause loss or damage to any data, assets, funds or individual property is at your own risk.We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Application or that the Application will respond at a certain speed (since this depends on a number of factors outside our control).
By using the App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;] (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the App]; (6) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the App for any illegal or unauthorized purpose; (8) by using the AXS App you agree to transfer all rights of ownership of all and any of your crypto assets by storing, depositing, staking, holding, mining or any other form of usage within the AXS App unequivocally to the MXC Foundation and; (9) your use of the App will not violate any applicable law or regulation.
4. Claims
In the event of any third party claim that the Application or your possession and use of the Application infringes that third party intellectual property rights, the MXC Foundation, and not Apple, nor Android, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.The MXC Foundation, and neither Android or Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, including in connection with the Application’s use of external hardware frameworks. See Section 7.
5. Disclaimer and limitation of liability
The application is provided as a standalone application service and shall not be considered an integrated part of any other MXC Foundation products or any third party product or service. A defect in, or unavailability of, the application shall in no event be interpreted as a defect in any hardware product or any third party product.Under no circumstances is the MXC Foundation responsible or liable for third party products or services.As stated above, the application is provided free of charge and “as is” and “as available” without warranty of any kind including for function, availability, fitness or use for a particular purpose. Any warranty obligation or any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will however not be Android or Apple’s obligation but the MXC Foundation. In the event of failure of the application to conform to any applicable warranty, you may however always notify Apple or Android or your service provider.In no event will the MXC Foundation be liable for personal injury or any losses or damages, including but not limited to any incidental, consequential, direct or indirect damages, or loss of data, arising out of or related to your use or inability to use the application. You unequivocally agree that in any case the MXC Foundation's aggregate liability shall in any event be limited to the greater of one hundred ($100) united states dollars ($). Certain jurisdictions do not allow the exclusion or limitation of certain damages under mandatory law, the limitation and exclusions listed in this section may therefore not apply to you in its entirety. The MXC Foundation does not have any control over goods and services which are paid for using the app.The MXC Foundation does not accept any liability for this, and we are not responsible for the successful completion of business transactions between buyers and sellers.We make no warranties or representations about the accuracy or completeness of the App ’s content or the content of any websites linked to this App and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the App , (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App . We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App , any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.There is a risk, therefore, that you are dealing with minors or persons using a false name.The MXC Foundation's liability is limited to the foreseeable damages in case of a violation against fundamental contractual duties; so-called cardinal duties. Liability claims are excluded if the circumstances justifying a claim are based on abnormal and unforeseeable circumstances that are beyond the control of the party invoking those circumstances and whose consequences could not have been avoided in spite of the exercise of due diligence. The MXC Foundation shall specifically bear no liability for damage arising from force majeure, riot, war, viral pandemic, and natural events, or from any other events for which it cannot be held responsible (e.g., strike, lockout, traffic disruptions, orders proclaimed by a supreme authority both in Germany and abroad).In the event of damages caused by delay in order execution due to system-related failures, interruption and disruption to the telephone network, Internet and other communication systems of a network provider, the MXC Foundation shall only be liable in the case of its own gross negligence or intent, and only to the extent to which it has been involved in occurrence of the damage. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE App, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The MXC Foundation does not accept any liability for transactions, due to a lack of control over transaction processes.The MXC Foundation does not accept any liability for the liabilities of users towards other users or third parties, such as due to non-fulfilment of concluded contracts.The MXC Foundation does not accept any liability for the loss or misuse of the user's login or access data including but not limited to passcodes, phrases, seed phrases, and private key. This is a decentralized platform. We will maintain certain data that you transmit to the App, as well as data relating to your use of the App . Although we perform regular routine backups of data, you are solely responsible for all data including your assets that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The liability restrictions and liability exclusions contained in this contract also apply to liability for official bodies and/or managerial staff and non-managerial staff as well as for other agents of the MXC Foundation. They also apply to the personal liability of the above-mentioned persons.
6. Privacy Notice
The MXC Foundation takes your privacy seriously. Our collection and use of personal data in connection with the Application are described in the MXC Privacy Statement. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with laws such as the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
7. Assignment and Indemnification
You may not assign, delegate or transfer these Terms &Conditions or your rights or obligations hereunder, in any way (by operation of law or otherwise) without the MXC Foundation’s prior written consent. We, as the issuer and operator, may transfer, assign, or delegate these Terms &Conditions and our rights and obligations without consent.You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the App ; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of theApp with whom you connected via the App . Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
8. Other
You hereby acknowledge and agree that neither Android nor Apple have no obligation whatsoever to furnish any maintenance and support service with respect to the MXC AXS Application. You hereby acknowledge and agree that Android, wallet service providers and its subsidiaries, Apple and its subsidiaries may be third party beneficiaries to these Terms and Conditions and, upon your acceptance of these Terms and Conditions, Apple, wallet service providers, or Android subsidiaries will have the right to enforce the Terms and Conditions against you as a third party beneficiary thereof.You must comply with any applicable third party terms of agreement when using the Application, such as your mobile phone provider's data usage agreement.If any provision of these Terms and Conditions is to be held invalid or unenforceable by any competent court, regulatory authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use and any policies or operating rules posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the App . You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the App; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the App via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the App. You will have the ability to disable the connection between your account on the App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the App. You can deactivate the connection between the App and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
9. Choice of law and jurisdiction
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in St Vincent and the Grenadines. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted or otherwise shall be governed by the laws of Saint Vincent and the Grenadines, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.These Terms of Use and your use of the App are governed by and construed in accordance with the laws of the State of Saint Vincent and the Grenadines applicable to agreements made and to be entirely performed within the State of Saint Vincent and the Grenadines, without regard to its conflict of law principles.
10. Electronic Communications, Transactions, And Signatures
Electronic Communications, Transactions, And Signatures Visiting the App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE App . You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
11. PROHIBITED ACTIVITIES
You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the App, you agree not to:systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.make any unauthorized use of the App, including collecting usernames, wallet addresses, miner ID, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.use a buying agent or purchasing agent to make purchases on the App, use the App to advertise or offer to sell goods and services, circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.engage in unauthorized framing of or linking to the App, trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; make improper use of our support services or submit false reports of abuse or misconduct.engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots,malicious smart contracts or similar data gathering and extraction tools.interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App .attempt to impersonate another user or person or use the username of another user.sell or otherwise transfer your profile.use any information obtained from the App in order to harass, abuse, or harm another person. Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App .attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App .harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.delete the copyright or other proprietary rights notice from any Content.copy or adapt the App ’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App .upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App , or using or launching any unauthorized script or other software to disparage, tarnish, or otherwise harm, in our opinion, us, users, the MXC Foundation, MatchX and/or the App or use the App in a manner inconsistent with any applicable laws or regulations.
12. Contact Us
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:
ContactTel: +1 (424)408-1253
E-Mail: hello@mxc.org
ContactTel: +1 (424)408-1253
E-Mail: hello@mxc.org
Global HQ
MXC Foundation LLC
P. O. Box 1574 James Street, Kingstown St.
Vincent and the Grenadines
Registration number: 1793 LLC 2022
MXC Foundation is licensed to operate as an LLC under St Vincent and the Grenadines law. Cryptocurrency and NFT exchange transactions are not considered financial instruments by St Vincent and the Grenadines Financial Services Authority (FSA) regardless of their purpose i.e. commercial or otherwise. This determination means that St Vincent and the Grenadines does not categorise spot Cryptocurrency and NFT as a securities product and, therefore, the retail Cryptocurrency and NFT business carried out by MXC Foundation LLC does not fall under securities regulation in St Vincent and Grenadines and requires no additional licensing.