Latest revision date: April 30, 2022
We may modify this Agreement from time to time, the updated Agreement will be effective as of the latest Effective Date specified in the Agreement and will supersede all prior versions. Continuing to use the Services constitutes your acceptance of any changes to this Agreement.
"MEXC Services" or "Service" or "Services" for the purposes of this Agreement refers to all products and services that MEXC provides or may provide in the future in respect of providing you with TOTP tokens as secondary authentication to log into your MEXC trading account on your Device or the MEXC website. All the Services and related components and information are provided on an "AS IS" and "AS AVAILABLE" basis.
Subject to the terms of this Agreement, MEXC grants users a non-exclusive, non-sublicensable, and non-transferable license to access and use the Services which are made available to Users.
MEXC reserves the right to modify Services at any time. You have the right to cancel your Service if we make a material modification to the Services.
MEXC retains all proprietary rights, title and interest in the MEXC Services, our logo, name, and other marks (the "MEXC Marks") and all related intellectual property, whether registered or not, anywhere in the world, including, without limitation, all modifications, changes, enhancements, and derivative works. You agree that you will not use, register, or make derivative works of any business name, domain name, trademark, servicemark, logo, slogan, or social media account name or handle is which based on, or in any way incorporates, in whole or in part, the MEXC Marks.
(a)You represent and warrant that your use of the Services will not be for any illegal activities including, but not limited to, online harassment (cyber-bullying); sending unauthorised advertising or spam; viewing, collecting, or transmitting child pornography; engaging in illegal narcotics trade; engaging in illegal arms trade; and engaging in illegal human trafficking.
(b)You represent and warrant that you will not modify, prepare derivative works of, or reverse engineer any of MEXC’s Services.
(c)You represent and warrant that your use of the Services will not allow any viruses, Trojan horses, back doors, worms, time bombs, software locks, spyware, or any other malicious software that is capable of accessing modifying, deleting, damaging, disabling, deactivating, interfering with, or otherwise harming any computer, network or data, Device, or any other electronically stored information to (i) disrupt, disable, harm or otherwise impede others’ use of the Services; or to (ii) damage or destroy any data, file, or electronically stored information.
(d)Your represent and warrant that you will not market or resell the MEXC Services to third parties.
(e)You represent and warrant that you will not transmit any material that may infringe the intellectual or privacy rights of third parties.
(a)We reserve the right to cancel your MEXC Service(s) if you violate or breach this Agreement.
(b)We reserve the right to cancel your MEXC Service(s) if we discover that you are using the MEXC Service(s) for any non-permitted uses.
(c)We reserve the right to cancel your MEXC Service(s) if we discover that your use of the MEXC Service(s) violates any applicable laws.
Each party agrees to comply with all laws, rules and regulations applicable to MEXC Services provided by MEXC and applicable to this Agreement. MEXC will, in accordance with applicable laws, cooperate with the relevant governmental and regulatory bodies with respect to MEXC Service(s). We retain the right to immediately cancel any MEXC Service(s) and terminate the Agreement for your non-compliance with applicable laws.
You agree to defend, indemnify, and hold harmless MEXC, our future affiliates and their respective members, managers, shareholders, officers, directors, employees, agents, vendors, customers, indemnitees, representatives, successors, licensees and assignees, and each of them, from and against any and all claims, actions demands, damages, losses, costs and expenses, including reasonable attorney’s fees and disbursements, charges, penalties, judgments, and interest sustained or which any of them may sustain arising out of, resulting from or relating to any material breach or alleged breach of any representation, warranty, obligation, or agreement made by you in this Agreement including, without limitation, any breach or alleged breach by your with respect to third party intellectual property, third party privacy, interference with third party or other User data, and non-permitted uses.
Neither you nor we will be liable to each other for any indirect, special, incidental, or consequential damages or loss, including but not limited to loss of profits, loss of use, or loss of data, whether caused by breach of contract, negligence, or otherwise.
(a)Entire Agreement - This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement. No agreements, understandings, restrictions, representations, or warranties exist between or among the Parties other than those found in this Agreement or referred to or provided for in this Agreement. Nothing contained in any documents submitted by you will modify or amend this Agreement. We may update the Agreement from time to time, the current version will be dated. An updated version of the Agreement may be found on this web page. Your continued use of the MEXC Services constitutes your acceptance of the then-current version of the Agreement.
(b)Survival - Any provision of this Agreement that imposes upon Users or MEXC an obligation after termination or expiration of this Agreement shall survive termination or expiration of this Agreement and be binding upon the Parties.
(c)Authority - If you are entering into this Agreement on behalf of a company, organisation, or other non-individual person entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
(d)Waiver - No waiver by us of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any wavier constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
(e)Severability - If any term of provision of this Agreement is held to be void or unenforceable, that term of provision will be severed from this Agreement, the balance of the Agreement will survive, and the balance of the Agreement will be reasonably construed to carry out the intent of the Parties as evidenced by the terms of this Agreement.
(f)No Agency - Nothing in this Agreement creates a partnership, agency, fiduciary, or employment relationship between the Parties. The Parties are and will remain at all times independent contractors. There are no third-party beneficiaries to this Agreement.
(g)No Representative Actions - All disputes between you and us will be resolved on an individual basis and you agree not to bring or participate in any consolidated or representative actions against us, including our future affiliates.
(h)Arbitration - You agree that any controversy, claim, or dispute arising out of or relating to this Agreement shall be referred to and be resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. Notwithstanding the foregoing, any disputes arising out of Intellectual Property or Privacy issues may be submitted to a court of law.
(j)Language - This agreement has been drafted in English. Although translations in other languages of this agreement may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of this agreement and any other translations thereof, the English language version of this agreement shall prevail.