These Terms of Use of FRM NEW TECH S.A. DE C.V. are established between you (hereinafter
referred to as "you" or "your") and FRM NEW TECH S.A. DE C.V. (hereinafter referred to as "MXT DIGITAL").
By accessing, downloading, using, or clicking “I Accept” to accept any Service from MXT DIGITAL (as defined
below), you agree that you have read, understood, and accepted all the terms stipulated in these Terms of Use
(hereinafter referred to as "these Terms") as well as our Privacy Policy. Additionally, by using certain
features of the Services, you may be subject to specific additional terms applicable to those features.
It is necessary to read these Terms carefully as they govern your use of MXT DIGITAL’s Services. By using the
services of MXT DIGITAL, you acknowledge and agree that: (1) you are aware of the risks associated with
transactions involving Digital Assets and their derivatives; (2) you will assume all risks related to the use of
MXT DIGITAL’s services and transactions involving Digital Assets and their derivatives; and (3) MXT DIGITAL will
not be responsible for such risks or adverse outcomes.
By accessing, using, or attempting to use MXT DIGITAL’s Services in any way, you acknowledge that you agree to
be bound by these Terms. If you do not agree, do not access MXT DIGITAL or use MXT DIGITAL’s services.
MXT DIGITAL Accounts refer to the fundamental virtual accounts, including main accounts
and subaccounts, opened by MXT DIGITAL for Users to register their use of MXT DIGITAL’s Services, transactions,
asset exchanges, and basic information. MXT DIGITAL Accounts serve as the foundation for Users to enjoy and
exercise their rights within MXT DIGITAL.
MXT DIGITAL Platform Rules refer to all the rules, interpretations, announcements, statements, consent letters,
and other content that have been and will be subsequently published by MXT DIGITAL, as well as all regulations,
implementation norms, product process descriptions, announcements published in the Help Center or within service
products or processes.
Digital Assets are non-physical goods that have economic value and are stored, accessed, and traded in digital
format.
These Terms constitute a legal agreement and create a binding contract between you and the Operators of MXT DIGITAL.
Due to the rapid development of Digital Assets and MXT DIGITAL, these Terms between you and the Operators of MXT DIGITAL do not list or encompass all the rights and obligations of each party, nor do they guarantee complete alignment with the needs arising from future developments. Therefore, the privacy policy, the rules of the MXT DIGITAL PLATFORM, and all other separately concluded agreements between you and MXT DIGITAL are considered supplementary conditions that are an integral part of these Terms and will have the same legal effect. Your use of MXT DIGITAL’s services considers your acceptance of the aforementioned supplementary conditions.
MXT DIGITAL reserves the right to change or modify these Terms at its discretion at any time. MXT DIGITAL will notify such changes by updating the Terms on its website and modifying the date [Last Reviewed] indicated on this page. All modifications or changes to these Terms will take effect upon their publication on the website or their disclosure to users. Therefore, your continued use of MXT DIGITAL’s services is considered your acceptance of the amended agreement and rules. If you do not accept the changes to these Terms, you must stop using MXT DIGITAL’s services immediately. It is recommended that you frequently review these Terms to ensure that you understand the conditions that apply to your access and use of MXT DIGITAL’s services.
By accessing and using the services of MXT DIGITAL, you declare and warrant that you have not been included in any trade embargo or economic sanctions list.
All Users must apply for an MXT DIGITAL account at (https://mxt-digital.com/esp/) before using MXT DIGITAL's
services.
When registering an MXT DIGITAL account, you must provide the information requested by MXT DIGITAL and accept
these Terms, the Privacy Policy, and other Rules of the MXT DIGITAL Platform. MXT DIGITAL may, at its
discretion, refuse to open an Account for you. You agree to provide complete and accurate information when
opening an MXT DIGITAL account and agree to timely update any information you provide to MXT DIGITAL to maintain
the integrity and accuracy of the information. Each User may maintain only one main account at a time. The
registration, use, protection, and management of business accounts are equally governed by the provisions of
this Clause.
By registering to use an MXT DIGITAL Account, you declare and warrant that (i) as an individual, you are at
least 18 years old or of legal age to form a binding contract under applicable laws; (ii) as an individual,
legal entity, or other organization, you have full legal capacity and sufficient authorizations to accept these
Terms; (iii) your access to MXT DIGITAL’s Platform or Services has not been previously suspended or revoked;
(iv) you do not have an active MXT DIGITAL Account; (v) you are not a resident, located in, or otherwise
attempting to access the MXT DIGITAL Platform or Services from, or acting on behalf of an individual or entity
that is a resident or located in a Restricted Location. For purposes hereof, a “Restricted Location” includes
the United States, Malaysia, Canada, the Netherlands, and other locations designated by the operators of MXT
DIGITAL as a “Restricted Location” as applicable; (vi) if you act as an employee or representative of a legal
entity and accept these Terms on its behalf, you declare and warrant that you have all necessary rights and
authorizations to bind the legal entity and to access and use the MXT DIGITAL Platform and Services on behalf of
the legal entity; and (vii) your use of the MXT DIGITAL Platform and Services will not violate any applicable
laws and regulations, such as anti-money laundering, anti-corruption, and counter-terrorism financing laws.
There are legal requirements in various countries that may restrict the products and services that the Operators
of MXT DIGITAL can legally offer. Consequently, some products and services and certain features of the MXT
DIGITAL Platform may not be available or may be restricted in certain jurisdictions or regions or to certain
users. You will be responsible for informing yourself of and complying with the restrictions and/or requirements
imposed regarding access and use of the MXT DIGITAL Platform and Services in each country from which you access
the MXT DIGITAL Platform and Services or on behalf of others. The Operators of MXT DIGITAL reserve the right to
change, modify, or impose additional restrictions regarding access and use of the MXT DIGITAL Platform and
Services at their discretion at any time without prior notice.
Your registration for an account with MXT DIGITAL will be considered your agreement to provide the personal
information necessary for identity verification. The information will be used to verify Users' identities,
identify traces of money laundering, terrorist financing, fraud, and other financial crimes through MXT DIGITAL,
or for other legitimate purposes established by MXT DIGITAL. We will collect, use, and share information in
accordance with our Privacy Policy. In addition to providing the information, you agree to allow us to maintain
a record of the information during the period your account is active and for five (5) years following the
closure of your account, in accordance with global industry standards for data storage. You also authorize us to
conduct any necessary investigations, either directly or through a third party, to verify your identity or
protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity
may include, for example, your name, email address, contact information, phone number, username,
government-issued ID, date of birth, and other information collected during account registration. By providing
the necessary information, you confirm that it is true and accurate.
After registration, you must ensure that the information is true, complete, and updated promptly when changes
occur. If there are grounds to believe that the information you have provided is incorrect, false, outdated, or
incomplete, MXT DIGITAL reserves the right to send you a notice requesting correction, directly delete the
relevant information, and, if applicable, terminate all or part of the services we provide. If we cannot contact
you with the contact information you provided, you will be fully responsible for any loss or expense incurred by
MXT DIGITAL during the use of the services. You hereby acknowledge and agree that you have an obligation to
update all information if any changes occur. By registering an account, you authorize MXT DIGITAL to conduct
investigations it deems necessary, either directly or through a third party, to verify your identity or protect
you, other users, and/or MXT DIGITAL from fraud or other financial crimes, and to take necessary actions based
on the results of the investigations. You also acknowledge and agree that your personal information may be
disclosed to credit agencies and fraud prevention agencies in response to our investigations.
Only the account registrant may use the MXT DIGITAL account. MXT DIGITAL reserves the right to suspend, freeze, or cancel accounts used by individuals other than those registered on the account. If you suspect or become aware of any unauthorized use of your username and password, you must notify MXT DIGITAL immediately. MXT DIGITAL is not responsible for any loss or damage arising from the use of the Account by you or any third party with or without your authorization.
MXT DIGITAL is committed to maintaining the security of the funds entrusted by Users and has implemented
standard industry protections for the Services. However, the actions of individual Users can pose risks. You
agree to treat your access credentials (such as username and password) as confidential information and not
disclose this information to third parties. You also agree to be solely responsible for taking the necessary
security measures to protect your Account and your personal information.
You must be solely responsible for keeping your MXT DIGITAL account and password secure, as well as for all
transactions under your account. MXT DIGITAL assumes no responsibility for any loss or consequences arising from
the authorized or unauthorized use of your account credentials, including but not limited to the disclosure of
information, consent, or submission of various rules and agreements by clicking on the website, online agreement
renewals, etc.
By creating an MXT DIGITAL account, you agree that you will:
Notify MXT DIGITAL immediately if you become aware of any unauthorized use of your account and password or any
other security breach.
Strictly comply with all mechanisms or procedures of MXT DIGITAL regarding security, authentication, trading,
collection, and withdrawal.
Take appropriate measures to log out of MXT DIGITAL at the end of each visit.
By using MXT DIGITAL Services, you agree and commit to comply with the following provisions:
During the use of MXT DIGITAL Services, all activities you conduct must comply with applicable laws and
regulations, these Terms, and MXT DIGITAL guidelines.
Your use of MXT DIGITAL Services must not be contrary to public interests, public morals, or the legitimate
interests of others, including actions that interfere with, disrupt, negatively affect, or prohibit other Users
from using MXT DIGITAL Services.
You will not use the services for market manipulation (such as pump and dump schemes, wash trading,
self-dealing, front-running, quote stuffing, redirecting, or layering, whether prohibited by law or not).
Without the prior written consent of MXT DIGITAL, the following commercial uses of MXT DIGITAL data are
prohibited:
Trading services that use MXT DIGITAL quotes or market information from the announcement bulletin.
Data feed or transmission services that use any MXT DIGITAL market data.
Any other websites/apps/services that charge or benefit (including through advertising or referral fees) from
market data obtained from MXT DIGITAL.
Without the prior written consent of MXT DIGITAL, you may not modify, replicate, duplicate, copy, download,
store, transmit, distribute, transfer, disassemble, publish, remove, or alter any copyright notice or label, or
license, sublicense, sell, duplicate, design, rent, lease, label, grant real property security rights over the
properties or any part thereof, or create derivative works or otherwise exploit any part of the properties.
You may not (a) use any deep links, web spiders, bots, crawlers, or other automated devices, programs, scripts,
algorithms, or methods, or any manual process similar or equivalent to access, obtain, copy, or monitor any part
of the properties, or replicate or bypass the navigation structure or presentation of MXT DIGITAL Services in
any way, in order to obtain or attempt to obtain any material, document, or information in any way not
intentionally made available through MXT DIGITAL Services; (b) attempt to access any part or feature of the
properties without authorization, or connect to MXT DIGITAL Services or any MXT DIGITAL server or any other
system or network of any MXT DIGITAL Service provided through the services by hacking, password mining, or any
other illegal or prohibited means; (c) probe, analyze, or test the vulnerabilities of MXT DIGITAL services or
any network connected to the properties, or violate any security or authentication measures of MXT DIGITAL
Services or any network connected to MXT DIGITAL Services; (d) perform a reverse lookup, trace, or seek
information on any other User or visitor of MXT DIGITAL Services; (e) take any action that imposes an
unreasonable or disproportionate burden on the infrastructure of MXT DIGITAL Services’ systems or networks, or
the infrastructure of any system or network connected to MXT DIGITAL Services; (f) use any device, software, or
routine to interfere with the normal operation of MXT DIGITAL Services or any transaction conducted in MXT
DIGITAL Services, or the use of MXT DIGITAL Services by any other person; (g) forge headers, impersonate, or
otherwise manipulate identifiers to conceal your identity or the origin of any message or transmission you send
to MXT DIGITAL; or (h) use MXT DIGITAL Services illegally.
By accessing MXT DIGITAL Services, you agree that MXT DIGITAL has the right to investigate any breach of these
Terms, unilaterally determine whether you have violated these Terms, and act under relevant regulations without
your consent or prior notice, namely:
To the fullest extent permitted by applicable law, the services of MXT DIGITAL, the materials of MXT DIGITAL,
and any product, service, or any other item provided by or on behalf of MXT DIGITAL are offered "as is" and "as
available," and MXT DIGITAL expressly disclaims, and you waive, any other warranty of any kind, whether express
or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose,
title, or non-infringement, or warranties arising from the course of performance, course of dealing, or trade
usage. Without limiting the foregoing, MXT DIGITAL does not represent or warrant that the site, the services of
MXT DIGITAL, or the materials of MXT DIGITAL are accurate, complete, reliable, current, error-free, or free of
viruses or other harmful components. MXT DIGITAL does not guarantee that an order will be executed, accepted,
recorded, or remain open. Except for the representations, agreements, and rules expressly set forth in these
Terms, you hereby acknowledge and agree that you have not relied on any other representation or agreement,
whether written or oral, regarding your use and access to the services of MXT DIGITAL. Without limiting the
foregoing, you hereby understand and agree that MXT DIGITAL will not be liable for any loss or damage arising
from or related to: (a) any inaccuracy, defect, or omission in the price data of Digital Assets; (b) any error
or delay in the transmission of data; (c) any interruption of data; (d) regular or unscheduled maintenance
performed by MXT DIGITAL and the interruption and change of service resulting from such maintenance; (e) any
damage incurred due to actions, omissions, or breaches of these Terms by other users; (f) any damage caused by
illegal actions of third parties or unauthorized actions of MXT DIGITAL; and (g) other disclaimers mentioned in
the waivers and platform rules issued by MXT DIGITAL.
The disclaimer of implied warranties contained herein may not apply to the extent prohibited by the applicable
law of your jurisdiction of residence.
To the fullest extent permitted by applicable law, MXT DIGITAL, its affiliates, and their respective
shareholders, members, directors, officers, employees, agents, representatives, suppliers, or contractors shall
not be liable for any incidental, indirect, special, punitive, consequential, or similar damages (including,
without limitation, damages for loss of data, information, revenue, profits, or other business or financial
advantages) arising from the services of MXT DIGITAL, any performance or non-performance of the services of MXT
DIGITAL, or any other product, service, or other item provided by or on behalf of MXT DIGITAL and its
affiliates, whether under contract, law, liability, or other theory, even if MXT DIGITAL has been advised of the
possibility of such damages, except in the event that a final judicial ruling determines that the damages are
the result of gross negligence, fraud, willful misconduct, or intentional breach of law by MXT DIGITAL. Some
jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation may not apply to you.
Notwithstanding the foregoing, in no event shall the liability of MXT DIGITAL, its affiliates, and their
respective shareholders, members, directors, officers, employees, agents, representatives, suppliers, or
contractors arising from services provided by MXT DIGITAL or on behalf of MXT DIGITAL and its affiliates, any
performance or non-performance of the services of MXT DIGITAL, or any other product, service, or other item,
whether under contract, law, liability, or other theory, exceed the amount of fees you have paid to MXT DIGITAL
under these Terms in the twelve months immediately preceding the event giving rise to the claim for liability.
You agree to indemnify and hold harmless the operators of MXT DIGITAL, its affiliates, contractors, licensors, and their respective directors, officers, employees, and agents from any claim, action, proceeding, investigation, lawsuit, costs, expenses, and damages (including attorney's fees, fines, or penalties imposed by any regulatory authority) arising from or related to (i) your use or conduct in connection with the services of MXT DIGITAL, (ii) your breach or our enforcement of these Terms, or (iii) your violation of applicable laws or regulations or the rights of third parties during your use of the services of MXT DIGITAL. If you are obligated to indemnify the operators of MXT DIGITAL, its affiliates, contractors, licensors, and their respective directors, officers, employees, or agents under these Terms, MXT DIGITAL shall have the right, in its sole discretion, to control any action or proceeding and to determine whether MXT DIGITAL wishes to settle, and if so, on what terms.
You agree that MXT DIGITAL has the right to immediately suspend your MXT DIGITAL account (and any beneficiary
account owned by related entities or affiliates), freeze or block Digital Assets or funds in all such accounts,
and suspend your access to MXT DIGITAL for any reason, including if MXT DIGITAL suspects that any of the
accounts are in violation of these Terms, our Privacy Policy, or any applicable law or regulation. You agree
that MXT DIGITAL will not be liable to you for any permanent or temporary modification of your MXT DIGITAL
account, or for the suspension or termination of your access to all or any part of the services of MXT DIGITAL.
MXT DIGITAL reserves the right to retain and use transaction data or other information related to MXT DIGITAL
accounts. The above account controls may also apply if:
The MXT DIGITAL account is subject to governmental processes, a criminal investigation, or ongoing litigation.
Unusual activities are detected in the MXT DIGITAL account.
Unauthorized access to the MXT DIGITAL account is detected.
We are required to do so by court order or regulatory/government authority.
Cancellation of MXT DIGITAL Accounts
In the following cases, MXT DIGITAL shall have the right to directly terminate these Terms and cancel your MXT
DIGITAL account, and shall have the right, but not the obligation, to permanently freeze (cancel) the
authorizations of your MXT DIGITAL account and delete the corresponding MXT DIGITAL account:
Once MXT DIGITAL cancels the services for you.
If you re-register or are presumed to have re-registered under another person as a user of MXT DIGITAL, directly
or indirectly.
If the information you have provided is false, inaccurate, outdated, or incomplete.
If you refuse to accept modifications to these Terms and request the cancellation of your MXT DIGITAL account or
by other means.
If you request the cancellation of the services of MXT DIGITAL.
Any other circumstance in which MXT DIGITAL deems it necessary to cancel your services.
If your MXT DIGITAL account is canceled, the account and transaction information that complies with data
retention standards will be securely stored for 5 years. Furthermore, if a transaction has not been completed
during the account cancellation process, MXT DIGITAL shall have the right to notify your counterparty of the
situation at that time. You acknowledge that a user-initiated account exit (right to deletion under GDPR or
other equivalent regulations) will also be subject to the cancellation protocol mentioned above.
If MXT DIGITAL is informed that the Digital Assets or funds in your MXT DIGITAL account are stolen or that you
are otherwise not the legitimate owner, MXT DIGITAL may, but is not obligated to, impose an administrative hold
on the affected funds and your MXT DIGITAL account. If MXT DIGITAL imposes an administrative hold on some or all
of your funds or your MXT DIGITAL account, MXT DIGITAL may continue the hold until the dispute is resolved, and
acceptable proof of resolution is provided to MXT DIGITAL. MXT DIGITAL will not engage in any disputes or in the
resolution of any disputes. You agree that MXT DIGITAL shall have no liability for the hold, nor for your
inability to withdraw Digital Assets or funds or execute transactions during the period of the hold.
Once an MXT DIGITAL account is closed or canceled, the remaining balance of the account (which includes costs
and liabilities owed to MXT DIGITAL) shall be payable immediately to MXT DIGITAL. After payment of all
outstanding costs to MXT DIGITAL (if any), users will have 5 business days to withdraw all Digital Assets or
funds from the account.
Remaining Funds After Cancellation of the MXT DIGITAL Account Due to Fraud, Violation of Law, or Breach of These
Terms MXT DIGITAL maintains full custody of the Digital Assets, funds, and user data/information that may be
provided to government authorities in the event of cancellation or closure of MXT DIGITAL accounts due to fraud
investigations, investigations of law violations, or breaches of these Terms.
Notwithstanding any provision of this Clause VI, MXT DIGITAL may provide written notice requiring you to close
all your open positions and withdraw all your Digital Assets from your MXT DIGITAL account within 30 days of the
notification. In case of non-compliance, MXT DIGITAL may, at its sole discretion and without prior notice:
Consider your MXT DIGITAL account as an inactive account.
Close all your open positions in any MXT DIGITAL product.
Convert Digital Assets to a different class of Digital Assets (for example, from BTC to USDT). For the avoidance
of doubt, none of the operators of MXT DIGITAL shall be liable for any loss of profits, tax liabilities, or any
other loss, damage, or expense incurred as a result of the conversion.
Transfer the inactive account (including the Digital Assets in the account) to an affiliate of the operators of
MXT DIGITAL, any external custodian, or a separate wallet when MXT DIGITAL considers it necessary. In the event
of a transfer, you have the right to recover your Digital Assets according to MXT DIGITAL's verification
requirements, including know-your-customer (KYC) procedures.
Charge a fee for inactive accounts to cover the cost of maintaining the assets by the operators of MXT DIGITAL,
their affiliates, or any third party, which will be deducted directly from the inactive account on a monthly
basis.
Close an inactive account at any time, and MXT DIGITAL will not be liable for any loss, damage, or expense
incurred as a result of closing an inactive account unless there is fraud or willful misconduct on the part of
MXT DIGITAL. After closing an inactive account, you will not be able to reactivate it (i.e., you will need to
register a new MXT DIGITAL account if you wish to continue using the services of MXT DIGITAL).