User Agreement

Welcome to MXCM!

These User Terms of Service (hereinafter referred to as the "Agreement") are entered into between you (hereinafter also referred to as the "User" or "Client") and the MXCM Trading Platform (hereinafter referred to as "MXCM", the "Platform", "we", "us" or "our Platform"). This Agreement shall govern your use of the services provided by MXCM as described below (as well as any other services that MXCM may launch from time to time; collectively referred to as the "MXCM Services" or "Services" hereinafter).

 

By registering for and using a MXCM account or Services, or acquiring, holding or using the wrapped tokens issued by MXCM through the MXCM official website (MXCM.com), MXCM Application Programming Interface (API), MXCM mobile application or any other MXCM websites (collectively referred to as the "Platform"), you acknowledge that you have read, understood and accepted all the terms and conditions contained in this Agreement, including our Privacy Policy.

I. Disclaimer on Securities

No information or other materials provided on the Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation for any transaction. Nor shall it constitute an offer to purchase any product or to conduct transactions related to securities, crypto assets or other products. You further understand that no information provider, including third - party service providers, will provide you with personalized advice on the nature, potential, value or suitability of any specific security, crypto asset, securities portfolio, crypto asset portfolio, transaction or investment strategy. Any information provided is not tailored to the investment needs of any particular individual.

 

You acknowledge that all investments in securities or crypto assets involve various risks. Discussions about any securities or crypto assets published on the Platform may not include a list or description of relevant risk factors. Please note that market conditions change rapidly; therefore, any information, content, third - party content or other materials provided through the Platform may be incomplete, outdated, or replaced by updated information. You shall bear all risks arising from making decisions based on such information.

II. Disclaimer on Professional or Investment Advice

Our Platform is not intended to provide tax, legal, insurance or investment advice. No content on the Platform shall be construed as an offer to sell, a solicitation to buy, or a recommendation of any security or crypto asset by us. You shall independently determine whether any investment, security, strategy or other product or service meets your investment objectives and personal financial situation, and shall be solely responsible for such determination and corresponding decisions. You should consult a lawyer or tax professional regarding your specific legal or tax circumstances.

III. Restricted Jurisdictions

MXCM shall not provide products or services to users in certain specific jurisdictions, including China, Singapore, the Democratic People's Republic of Korea, Cuba, Iran, the regions within Ukraine under Russian control (currently including Crimea, Donetsk and Luhansk regions), as well as other jurisdictions where the Platform may decide to terminate services from time to time (collectively referred to as the "Restricted Jurisdictions" hereinafter). If you become a resident of any Restricted Jurisdiction, or become aware of any user located in a Restricted Jurisdiction, you must notify us immediately.

 

You understand and confirm that if it is verified that you have made false statements regarding your location or place of residence, MXCM reserves the right to take appropriate measures, including the immediate termination of your account and the liquidation of all open positions, to comply with these restrictions or the laws of the relevant jurisdictions.

 

In addition, we shall not provide services to individuals or entities listed on the U.S. Department of the Treasury's Specially Designated Nationals and Blocked Persons List, the European Union's Consolidated Financial Sanctions List, or the United Kingdom's Sanctions List, nor to entities in which individuals or entities on the aforementioned lists hold 50% or more of the equity (or exercise actual control) (collectively referred to as the "Prohibited Parties" hereinafter). We also shall not provide services involving Prohibited Parties or confer benefits on them. You understand that the Company reserves the right to take appropriate measures, including the immediate termination of accounts and the liquidation of all open positions, to comply with these restrictions or the laws of the relevant jurisdictions.

IV. Risk Disclosure for Digital Asset Transactions

Before engaging in any trading activities or using our Services, you must fully understand and assess the risks associated with digital asset transactions. Before participating in digital asset transactions, you must carefully evaluate your own risk - bearing capacity.

 

Despite the foregoing warnings, when using our Services, you may still be exposed to risks in terms of policy, compliance, investment returns, transactions, force majeure and other aspects. The following is a non - exhaustive list of such risks:

 

Policy Risk: Adjustments to national laws, regulations or macro - policies may affect the normal trading of digital assets, resulting in losses to MXCM users.

Compliance Risk: If a user's digital asset trading activities violate national laws and regulations, the user may suffer losses.

Investment Return Risk: The digital asset market is characterized by 24/7 non - stop trading and significant price volatility, and users may incur losses in the market.

Transaction Risk: The success of your transfer depends on whether both parties to the transaction reach an agreement. MXCM does not promise or guarantee the success of any transfer.

Force Majeure Risk: In the event of unforeseeable, unavoidable and insurmountable circumstances such as natural disasters, wars, strikes and cyberattacks, MXCM may be unable to operate normally, which may in turn cause losses to users. MXCM shall not be liable for any civil liability for user losses caused by force majeure.

Delisting Risk: If a digital asset project is faced with bankruptcy, liquidation or dissolution, violates national laws and regulations, or at the request of the project party, MXCM will delist the digital asset, which may lead to losses for users.

Technical Risk: Although the probability of technical failures occurring during digital asset transactions is low, such a possibility cannot be completely ruled out. The occurrence of technical failures may affect user rights and interests.

Operational Risk: Users may face risks due to operational errors, such as transferring funds to the wrong account or violating operational rules.

Account Freezing Risk: If a user is involved in debt fraud or accused of criminal activities, their account may be frozen or compulsorily confiscated by judicial authorities.

V. Eligibility and Registration

By registering for a MXCM account, using or accessing the MXCM Services, you represent and warrant that:

 

If you are an individual, you have reached the legal age for entering into binding contracts as stipulated by applicable laws.

Whether you are an individual, a legal person or another organization, you have full capacity for civil conduct and sufficient authorization to sign this Agreement.

Your right to use the MXCM Platform or related Services has not been previously suspended or prohibited.

You do not currently hold any other MXCM accounts.

You are not located in any Restricted Jurisdiction, have not accessed the MXCM Platform or Services from any Restricted Jurisdiction, and are not acting on behalf of any individual or legal person located in a Restricted Jurisdiction.

If you are an employee or agent of a legal entity and sign this Agreement on behalf of such entity, you represent and warrant that you have sufficient right and authorization to bind the legal entity and to access and use the MXCM Platform and Services on its behalf.

Your use of the MXCM Platform and Services does not violate any laws or regulations applicable to you or the legal entity you represent, including but not limited to regulations related to anti - money laundering, anti - corruption and counter - terrorist financing.

 

All users must apply for a MXCM account before using the MXCM Services. When registering an account, you must provide the information required by this Agreement or otherwise requested by MXCM, and accept this Agreement, the Privacy Policy and other legal documents of MXCM. MXCM reserves the right to refuse to open an account for you at its sole discretion.

 

You agree to provide complete and accurate information when opening an account, and to update the information provided to MXCM in a timely manner to ensure its completeness and accuracy. Each user (including natural persons, enterprises and legal entities) may hold only one primary account at any time. Unless otherwise specified in this Agreement or other legal documents, the registration, use, protection and management of such trading accounts shall be governed by the terms of this Agreement.

 

Please note that legal requirements in different countries may impose restrictions on the products and services that MXCM can legally provide. Therefore, some products, services and specific functions on the MXCM Platform may be unavailable or restricted in certain jurisdictions or for certain users. It is your responsibility to understand and comply with the restrictions and/or requirements imposed by the relevant countries on the access and use of the MXCM Platform and Services by you or the entity you represent. MXCM reserves the right to modify, revise or add restrictions on the access and use of the Platform and/or Services from time to time at its sole discretion without prior notice.

VI. Account Security Management and User Information

You understand and agree that it is your sole responsibility to maintain the confidentiality of your MXCM account and password, and you shall be liable for all activities conducted under your account (including but not limited to information disclosure, information release, online confirmation of clicks or submission of various rules and agreements, and online renewal or purchase of services). You shall bear full responsibility for all actions and statements made using your own account and password, and agree to comply with the following provisions:

 

You shall set your password in accordance with the relevant rules and prompts of MXCM (the password includes but is not limited to the login password, fund password, the mobile phone number bound during account registration, the verification code received via mobile phone, and Google Authenticator, etc.; the specific form may be changed). You shall avoid choosing overly obvious words or dates (such as your name, nickname and date of birth) as your password.

You shall not disclose your account or password to any third party, nor use any third party's account or password. MXCM shall not be liable for any unauthorized use of your account by others due to reasons not attributable to MXCM, such as hacking, virus intrusion or your own negligence.

Without the prior consent of MXCM, you shall not donate, lend, lease, transfer or dispose of your account to any third party in any other way.

MXCM identifies user instructions through the user's account and password. You hereby confirm that all operations performed on the Platform after logging into MXCM with your account and password shall be deemed as your own actions. Electronic records generated by operations on your account shall be valid evidence of your actions, and you shall bear full responsibility for all liabilities arising therefrom.

After MXCM notifies you of a foreseeable security risk, you shall take appropriate measures to ensure the security of your account and password.

If any third party uses your account and password without authorization, MXCM and its legally authorized entities shall have the right to claim joint and several liability from the actual user.

 

If you discover that a third party has fraudulently used or stolen your account and password, or that a third party's use of your account is not legally authorized, you must immediately notify MXCM through effective means and request the suspension of relevant Services; otherwise, you shall bear full responsibility for all liabilities arising therefrom. In addition, you understand that MXCM needs a reasonable time to take action on your request. MXCM shall not be liable for any losses caused by the third party's use of the Services before MXCM takes such action.

 

If MXCM, at its sole discretion, deems that an event affecting transaction security has occurred or may occur, it reserves the right to suspend, interrupt or terminate all or part of the Services provided to you under this Agreement, delete or remove your registration information, and recover any illegal gains you may have obtained, without notifying you and without being liable to you or any third party. Such events include:

 

MXCM deems that the information provided by you is untrue, invalid or incomplete (for example, you registered a MXCM account using the unauthorized identity information of others, or the verification information you provided is inconsistent with the facts).

MXCM detects abnormal transactions in your account, or your transactions are suspicious or may be illegal.

MXCM suspects that your account is involved in money laundering, cash out, pyramid schemes, fraudulent use of others' information or other situations that MXCM identifies as risky or illegal.

MXCM discovers that you have used illegal or improper technical means to engage in activities that endanger transaction security or affect fair transactions (including tampering with transaction data, stealing customer information, stealing transaction data, and attacking other registered accounts through MXCM).

MXCM deems that you have violated any term or the spirit of this Agreement.

MXCM suspects that you may be participating in, or are currently participating in, market manipulation activities such as pump - and - dump schemes, wash trading, self - trading, front running, quote stuffing, spoofing, layering or other types of market manipulation.

Other circumstances where you violate this Agreement.

Other circumstances where MXCM, based on reasons such as transaction security and at its sole discretion, deems it necessary to suspend, interrupt or terminate all or part of the Services (including paid Services) provided to you under this Agreement and delete or remove your registration information.

 

If you decide to stop using your account, you must first settle all outstanding payments (including service fees, etc.), withdraw all withdrawable digital assets in the account (if any), apply to MXCM for freezing the account, and formally cancel the account after MXCM's review and approval.

 

You agree that if your account has not completed the identity verification process, MXCM reserves the right to terminate the account Services without prior notice to you, and may immediately suspend, close or delete your account and all relevant data and documents in the account.

 

You agree that the suspension, interruption or termination of your account does not mean the termination of your liabilities. You shall still be liable for any breach of contract or compensation liability that may arise from your actions during the period of using the MXCM Services. In addition, MXCM may continue to retain your relevant information.

VII. Scope of MXCM Services

Notwithstanding the foregoing provisions, the MXCM Services under this Agreement include the following contents:

 

User Account: After you register with MXCM, an account will be created, which will record your activities on the Platform. The aforementioned account is your sole account for logging into MXCM and using any Services on the Platform.

Digital Asset Trading: You may submit digital asset trading instructions through MXCM and trade digital assets in your account with other digital assets.

Deposit and Withdrawal of Digital Assets: You may transfer digital assets from other addresses to the designated address of your account, or transfer digital assets from your account to other addresses.

Transaction Status Update: You confirm that the digital asset transaction status you confirm on the Platform in accordance with the MXCM service process shall constitute an irrevocable instruction for MXCM to conduct relevant transactions or operations for you. You agree that the execution time of such instructions shall be subject to the actual operation time recorded in MXCM's system. MXCM reserves the right to handle relevant matters in accordance with this Agreement and/or the Platform's relevant dispute resolution rules. You shall bear full responsibility for any disputes or losses arising from your failure to modify or confirm the transaction status in a timely manner or submit relevant applications promptly, and MXCM shall not be liable.

Transmission of Trading Instructions: MXCM will transmit your trading instructions when you input them and the corresponding data. You understand that MXCM acts solely as a matching party for digital asset transactions and not as a buyer or seller in such transactions. Moreover, MXCM itself does not provide any services related to the deposit or withdrawal of legal tender of any country.

Transaction Inquiry: MXCM will record all your operations on the Platform (regardless of whether the purpose of the operation is ultimately achieved). You may query such transaction records under your account in real time through your account.

Transaction Security Settings: MXCM reserves the right to adjust transaction - related matters (including transaction limits and transaction hours) from time to time based on considerations such as transaction security. You understand that the aforementioned settings by MXCM may cause certain inconvenience to transactions and you shall have no objection thereto.

System Malfunction Handling: If MXCM discovers any processing errors caused by system malfunctions or other reasons, whether such errors are beneficial to MXCM or you, it reserves the right to correct them. If such errors result in you receiving more digital assets than you are entitled to, regardless of the nature and cause of the errors, MXCM reserves the right to correct the improperly executed transaction. You shall return the excess digital assets received or take other actions in accordance with the specific requirements in the error correction notice issued by MXCM. You understand and agree that MXCM shall not be liable for any losses or liabilities caused by the aforementioned processing errors.

 

You confirm and agree that the above list of Services is not exhaustive. All Services provided by MXCM or its partners are provided on an "as - is" basis. MXCM reserves the right to reduce, modify, cancel, terminate or revise the Service content at its sole discretion. Depending on the country where the user is located, the MXCM Services may vary in terms of appearance, availability, pricing and operation methods. MXCM reserves the right to modify such Services at its sole discretion and may choose whether to notify you. Each Service provided by MXCM (whether currently provided, previously provided or to be provided in the future) shall be subject to separate terms contained in legal documents. Your use of any Service shall be deemed as your acknowledgment and understanding of the nature of such terms.

 

In addition, you confirm and agree that MXCM reserves the right to suspend the provision of all or part of the Services to you or suspend your access to all or part of the Services at its sole discretion if it deems that:

 

You may have violated this Agreement.

The normal operation of the MXCM Platform is at risk.

 

For the purpose of item (2) above, the normal operation of the MXCM Platform shall be deemed to be at risk in the following circumstances:

 

The computer or telecommunications network ceases to operate or fails to function normally due to an accident.

The occurrence of a force majeure event affecting the provision of Services.

MXCM's assets, user assets or the Platform are subject to an attempted or actual malicious attack (which may result in the theft or loss of assets, etc.).

The occurrence of