TERMS AND CONDITIONS FOR THE MXC DATA DASH APPLICATION
These terms and conditions (the “Terms & Conditions”)apply to you (“you” or the “Customer”) when accessing and using the MXC DataDash application and its content (the “Application”) and constitutes a bindingagreement between you and the MXCFoundation Ltd, company registration no. 201817203F Address: 10 Anson Road,#12-08 International Plaza Singapore 079903 (“MXC Foundation”).
1. Applicability and change of terms
By checking the acceptance box and proceeding to use the MXCData Dash Application you agree to these Terms & Conditions. You do nothave the right to use the Application without accepting these Terms &Conditions. These Terms & Conditions also apply to any content you downloadfrom and services you access through the Application.
The Application is compatible with certain third partyproducts and/or services. These Terms & Conditions do not apply to the useof such third party products and/or services. Separate terms and conditions mayapply between you and the provider/manufacturer of the third party productand/or service in addition to these Terms & Conditions when using theApplication in conjunction with such product/service. You must comply withapplicable third party terms of agreement when using the Application.
The MXC Foundation is not responsible or liable for thefunctionality, content or features of any third party product and/or service.
The Application is only available to users who have reachedthe age of majority in the province or territory in which they reside. Yourepresent and warrant that you have the necessary legal competence, e.g., thatyou are of that legal age of majority, to accept these Terms & Conditionsand enter into a binding agreement. If you have not reached the age ofmajority, you confirm that you have received your parent’s or guardian’spermission to use the Application and that your parent or guardian herebyacknowledges and agrees to these Terms & Conditions on your behalf.
If you are entering into these Terms & Conditions onbehalf of a company or an organization, you represent and warrant to the MXCFoundation 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. Governmentembargo, or that has been designated by the U.S. Government as a “terroristsupporting” country; and (ii) you are not listed on any U.S. Government list ofprohibited or restricted parties. Additionally, you warrant that you areabiding by all local and regional laws that apply to you, your person and yourwhereabouts.
These Terms & Conditions shall apply to the fullestextent permitted by applicable law. The MXC Foundation reserves the right, inits sole discretion, to change these Terms & Conditions at any time. Wewill notify you by providing a notice through the Application. If you do notagree with the new Terms & Conditions you are free to reject them butunfortunately you will then no longer have the right or be able to use theApplication. If you use the Application in any way after a change to the Terms& Conditions, you acknowledge and agree to the new version of the Terms& Conditions.
You hereby acknowledge and agree that these Terms andConditions are concluded between the MXC Foundation and you only, and notApple, Google, Android or another 3rd party. The MXC Foundation, notApple, nor Android nor Google, is solely responsible for the Application andthe content thereof.
The Application is made for the purpose of operating MXCFoundation tools or products that are compatible with the MXC Data DashApplication and traded using MXC or via MXC partners retailers or products fromthird parties which through collaborations between the third party and the MXCFoundation are made compatible with the Application (“Third Party Products”).To improve the MXC Data Dash Application, a third party engaged by the MXCFoundation may analyse your use of the MXC Data Dash application and the ThirdParty offerings.
The MXC Foundation will continue to develop the Applicationand reserves the right to make any type of changes to the Application, includingchanges in functionality. Changes may affect hardware and software that areintegrated with the Application. The MXC Foundation also reserves the right tostop providing the Application with little or no advance notice. While, we willtry to notify you before making any material changes to the Application,unfortunately this is not always possible.
The Application and all intellectual property rights in itare the exclusive property of the MXC Foundation Ltd., and the MXC Foundationretains all rights, title and interest in and to the Application and anyupdates we may make available to you. If your conduct results in a violation ofany of our intellectual property rights, we reserve the right, at our solediscretion, to restrict or terminate your access to and use of the Application.
We may, from time to time, restrict access to certainfeatures, functions or content of, or services accessible through, theApplication to users who have registered with us.
3. Your right to use the Application
Subject to these Terms & Conditions, the MXC Foundationhereby grants you a non-transferable, non-exclusive, right (without the rightto sublicense) to access and use the Application, as provided to you by the MXCFoundation, on any Apple or Android Product(s) that you own or control andsolely for i) your lawful, private, personal and non-commercial use of operatingthe MXC Data Dash Tools, Hardware, or Products and/or Third Party Products ifyou are a consumer, or ii) non-commercial use of operating MXC FoundationHardware, Products and/or Third Party Products if the user / customers is acompany or organization.
The license is subject to any usage rules set forth by yourtechnology provider, Apple or Google’s Android and published in its App Storeterms of service. You will be assumed to have obtained permission from theowner of any device that is controlled, but not owned, by you to download theApplication to that device. You accept responsibility, in accordance with theseTerms & Conditions, for all access to, and use of, the Application by youon any device, whether or not it is owned by you.
You represent and warrant and agree that you will not usethe Application in a manner that violates any applicable law or infringes onany third parties’ rights and that you will not use the Application with otherproducts than the MXC Foundation Products and/or the Third Party Products. Ifyou use the Application in a manner that violates the Terms & Conditionsthe MXC Foundation may limit or terminate your access to the Application, atits sole discretion.
As part of using the Application, you may create connectionsbetween various MXC Foundation Products and/or Third Party Products, Partners,including, but not limited to wallets and or exchanges as part of using theApplication. You acknowledge and agree that connecting any physical devices orthird party services to the Application, or otherwise using the Application, ina manner that could be dangerous to you or to others, or which could cause lossor damage to any data, assets, funds or individual property is at your ownrisk.
We cannot and do not guarantee the continuous, uninterruptedor error-free operability of the Application or that the Application willrespond at a certain speed (since this depends on a number of factors outsideour control).
Any questions, complaints or claims with respect to theApplication shall be directed to the MXC Foundation. Our customer care contactdetails are: MXC Foundation, Brückenstraße 4. 10179, Berlin. Germany.
Any questions or complaints regarding the MXC Data Dashapplication shall be directed to the MXC Foundation customer care addressabove, or alternatively via email at: firstname.lastname@example.org
In the event of any third party claim that the Applicationor your possession and use of the Application infringes that third party’sintellectual property rights, the MXC Foundation, and not Apple, nor Android,will be solely responsible for the investigation, defense, settlement anddischarge of any such intellectual property infringement claims.
The MXC Foundation, and neither Android or Apple, isresponsible for addressing any claims by you or any third party relating to theApplication or your possession and/or use of the Application, including, butnot limited to: (i) product liability claims; (ii) any claims that theApplication 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 hardwareframeworks.
5. Disclaimer and limitation of liability
Theapplication is provided as a standalone application service and shall not beconsidered an integrated part of any other MXC Foundation products or any thirdparty product or service. A defect in, or unavailability of, the applicationshall in no event be interpreted as a defect in any hardware product or anythird party product.
Underno circumstances is the MXC Foundation responsible or liable for third partyproducts or services.
Theapplication is provided free of charge and “as is” and “as available” withoutwarranty of any kind including for function, availability, fitness or use for aparticular purpose. Any warranty obligation or any claims, losses, liabilities,damages, costs or expenses attributable to any failure to conform to anywarranty will however not be Android or Apple’s obligation but the MXCFoundation. In the event of failure of the application to conform to anyapplicable warranty, you may however always notify apple or android or yourservice provider.
Inno event will the MXC Foundation be liable for personal injury or any losses ordamages, including but not limited to any incidental, consequential, direct orindirect damages, or loss of data, arising out of or related to your use orinability to use the application.
Youunequivocally agree that in any case the MXC Foundation's aggregate liabilityshall in any event be limited to the greater of one hundred ($100) unitedstates dollars ($).
Certainjurisdictions do not allow the exclusion or limitation of certain damages undermandatory law, the limitation and exclusions listed in this section maytherefore not apply to you in its entirety.
The MXC Foundation does not have any control over goods and serviceswhich are paid for using the app.
The MXC Foundation does not accept any liability for this, and we arenot responsible for the successful completion of business transactions betweenbuyers and sellers.
There is a risk, therefore, that you are dealing with minors or personsusing a false name.
The MXC Foundation's liability is limited to the foreseeable damages incase of a violation against fundamental contractual duties; so-called cardinalduties.
Liability claims are excluded if the circumstances justifying a claimare based on abnormal and unforeseeable circumstances which are beyond thecontrol of the party invoking those circumstances and whose consequences couldnot have been avoided in spite of the exercise of due diligence. The MXCFoundation shall specifically bear no liability for damage arising from forcemajeure, riot, war, viral pandemic and natural events, or from any other eventsfor which it cannot be held responsible (e.g. strike, lockout, trafficdisruptions, orders proclaimed by a supreme authority both in Germany andabroad).
In the event of damages caused by delay in order execution due tosystem-related failures, interruption and disruption to the telephone network,Internet and other communication systems of a network provider, the MXCFoundation shall only be liable in the case of its own gross negligence orintent, and only to the extent to which it has been involved in occurrence ofthe damage.
The MXC Foundation's liability is limited to intent and grossnegligence.
The MXC Foundation does not accept any liability for transactions, dueto a lack of control over transaction processes.
The MXC Foundation does not accept any liability for the liabilities ofusers towards other users or third parties, such as due to non-fulfilment ofconcluded contracts.
The MXC Foundation does not accept any liability for the loss or misuseof the user's login or access data. This is a decentralized platform.
The liability restrictions and liability exclusions contained in thiscontract also apply to liability for official bodies and/or managerial staffand 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. Ourcollection and use of personal data in connection with the Application aredescribed in the MXC Privacy Statement.
You may not assign, delegate or transfer these Terms &Conditions or your rights or obligations hereunder, in any way (by operation oflaw or otherwise) without the MXC Foundation’s prior written consent. We, asthe issuer and operator, may transfer, assign, or delegate these Terms &Conditions and our rights and obligations without consent.
You hereby acknowledge and agree that Android nor Apple haveno obligation whatsoever to furnish any maintenance and support service withrespect to the MXC Data Dash Application.
You hereby acknowledge and agree that Android or Apple andits subsidiaries may be third party beneficiaries to these Terms and Conditionsand, upon your acceptance of these Terms and Conditions, Apple or Android andApple or Androids subsidiaries will have the right to enforce the Terms andConditions against you as a third party beneficiary thereof.
You must comply with any applicable third party terms ofagreement when using the Application, such as your mobile phone provider's datausage agreement.
If any provision of these Terms and Conditions is to be heldinvalid or unenforceable by any competent court, regulatory authority, arbitraltribunal or alternative dispute resolution board, the remainder of thatprovision and all other provisions will remain valid and enforceable to thefullest extent permitted by applicable law.
9. Choice of law and jurisdiction
Any disputes regarding the interpretation or application ofthese Terms & Conditions shall be governed by the laws of Singapore.
These Terms and Conditions were adopted by the MXCFoundation on 15 May, 2020.