Last updated: October 13, 2023
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.
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.
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
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).
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
7. Assignment and Indemnification
Apple and Android Devices
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
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
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
ContactTel: +1 (424)408-1253
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.