MetaX PRO Terms of Use
Last updated : September 2024
These MetaX PRO Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and MetaX PRO operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any MetaX PRO Services (as defined below) provided by MetaX PRO (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at www.metax-pro.io . In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.
Please read the terms carefully as they govern your use of MetaX PRO Services. These terms contain important provisions including an arbitration provision that requires all claims to be resolved by way of legally binding arbitration. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives. By making use of MetaX PRO services, you acknowledge and agree that: (1) you are aware of the risks associated with transactions of digital currencies and their derivatives; (2) you shall assume all risks related to the use of MetaX PRO services and transactions of digital currencies and their derivatives; and (3) MetaX PRO shall not be liable for any such risks or adverse outcomes.
By accessing, using or attempting to use MetaX PRO Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access MetaX PRO or utilize MetaX Pro services.
I. Definitions
- MetaX PRO refers to an ecosystem comprising MetaX PRO websites (whose domain names include but are not limited to www.metax-pro.io), mobile applications, clients, applets and other applications that are developed to offer MetaX PRO Services, and includes independently-operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
- MetaX PRO Operators :refer to all parties that run MetaX PRO, including but not limited to legal persons, unincorporated organizations and teams that provide MetaX PRO Services and are responsible for such services. For convenience, unless otherwise stated, references to “MetaX PRO” and “we” in these Terms specifically mean MetaX PRO Operators. Under these terms, MetaX PRO operators may change as MetaX PRO’s business adjusts, in which case, the changed operators shall perform their obligations under these terms with you and provide services to you, and such change does not affect your rights and interests under these terms. Additionally, the scope of MetaX PRO operators may be expanded due to the provision of new MetaX PRO services, in which case, if you continue to use MetaX PRO services, it is deemed that you have agreed to jointly execute these terms with the newly added MetaX PRO operators. In case of a dispute, you shall determine the entities by which these terms are performed with you and the counterparties of the dispute, depending on the specific services you use and the particular actions that affect your rights or interests.
- MetaX PRO Services refer to various services provided to you by MetaX PRO that are based on Internet and/or blockchain technologies and offered via MetaX PRO websites, mobile applications, clients and other forms (including new ones enabled by future technological development).
- MetaX PRO Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by MetaX PRO, as well as all regulations, implementation rules, product process descriptions, and announcements published in the MetaX PRO website or within products or service processes.
- Users refer to all individuals, institutions or organizations that access, download or use MetaX PRO or MetaX PRO Services and who meet the criteria and conditions stipulated by MetaX PRO. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
- Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
- MetaX PRO Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
- MetaX Pro Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by MetaX PRO for Users to record on MetaX PRO their usage of MetaX PRO Services, transactions, asset changes and basic information. MetaX PRO Accounts serve as the basis for Users to enjoy and exercise their rights on MetaX PRO.
- Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
II. General Provisions
1.About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and MetaX PRO Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and MetaX PRO, these Terms between you and MetaX PRO Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, the privacy policy, MetaX PRO platform rules, and all other agreements entered into separately between you and MetaX PRO are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect. Your use of MetaX PRO services is deemed your acceptance of the above supplementary terms.
c. Changes to These Terms
MetaX PRO reserves the right to change or modify these Terms in its discretion at any time. MetaX PRO will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed on this page. Any and all modifications or changes to these terms will become effective upon publication on the website or release to users. Therefore, your continued use of MetaX PRO services is deemed your acceptance of the modified agreement and rules. If you do not agree to any changes to these terms, you must stop using MetaX PRO services immediately. You are recommended to frequently review these terms to ensure your understanding of the terms and conditions that apply to your access to and use of MetaX PRO services.
d. Prohibition of Use
By accessing and using the MetaX PRO Services, you represent and warrant that you are not listed on any trade embargo or economic sanctions lists (such as the United Nations Security Council sanctions lists), any country's sanctions lists or denied persons or entities lists, and that you will comply with the laws and regulations of any country. MetaX PRO reserves the right to select the markets and jurisdictions in which it operates and may, in its sole discretion, limit or refuse to provide the MetaX PRO Services in certain countries or regions.
2. About MetaX PRO
As an important part of the MetaX PRO Ecosystem, MetaX PRO mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with MetaX PRO, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although MetaX PRO has been committed to maintaining the accuracy of the information provided through MetaX PRO Services, MetaX PRO cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall MetaX PRO be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about MetaX PRO Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. MetaX PRO does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on MetaX PRO or any other communication medium. All Users of MetaX PRO Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3.MetaX PRO Account Registration and Requirements
a. Registration
All Users must apply for a MetaX PRO Account at (www.metax-pro.io) before using MetaX PRO Services. When you register a MetaX PRO Account, you must provide the information identified in this paragraph 3 or otherwise as requested by MetaX PRO, and accept these Terms, the Privacy Policy, and other MetaX PRO Platform Rules. MetaX PRO may refuse, in its discretion, to open a MetaX PRO Account for you. You agree to provide complete and accurate information when opening a MetaX PRO Account, and agree to timely update any information you provide to MetaX PRO to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of MetaX PRO. For certain MetaX PRO Services, you may be required to set up a specific account independent from your MetaX PRO Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms.
b. Eligibility
By registering to use a MetaX PRO Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using MetaX PRO Services; (iv) you do not currently have a MetaX PRO Account; (v) You represent and warrant that when using the MetaX PRO Service, you will use the MetaX PRO Service in a manner that is not illegal or restricted under the laws and regulations of your country or location. If you are acting as an employee or agent of an entity and entering into these Terms on its behalf, you represent and warrant that you have all necessary rights and authority to bind such entity. (vi) your use of MetaX PRO Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. MetaX PRO reserves the right to change, modify or impose additional restrictions at its discretion at any time.
c. User Identity Verification
Your registration of an account with MetaX PRO will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through MetaX PRO, or for other lawful purposes stated by MetaX PRO. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within ten (10) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations 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, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, MetaX PRO reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of MetaX PRO services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to MetaX PRO during your use of MetaX PRO services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change by registering an account, you hereby authorize MetaX PRO to conduct investigations that MetaX PRO considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or MetaX PRO from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
d. Account Usage Requirements
The MetaX PRO Account can only be used by the account registrant. MetaX PRO reserves the right to suspend, freeze or cancel the use of MetaX PRO Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify MetaX PRO immediately. MetaX PRO assumes no liability for any loss or damage arising from the use of MetaX PRO Account by you or any third party with or without your authorization.
e. Account Security
MetaX PRO has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for MetaX PRO Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your MetaX PRO Account and personal information.
You should be solely responsible for keeping safe of your MetaX PRO Account and password, and be responsible for all the transactions under your MetaX PRO Account. MetaX PRO assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a MetaX PRO Account, you hereby agree that:
- you will notify MetaX PRO immediately if you are aware of any unauthorized use of your MetaX PRO Account and password or any other violation of security rules;
- you will strictly abide by all mechanisms or procedures of MetaX PRO regarding security, authentication, trading, charging, and withdrawal; and
- you will take appropriate steps to logout from MetaX PRO at the end of each visit.
III. MetaX PRO Services
Upon completion of the registration and identity verification for your MetaX PRO Account, you may use various MetaX PRO Services, including but not limited to, Crypto-to-crypto Trading, contract trading, acquiring market-related data, research and other information released by MetaX PRO, participating in User activities held by MetaX PRO, etc., in accordance with the provisions of these Terms (including MetaX PRO Platform Rules and other individual agreements). MetaX PRO has the right to:
- provide, modify or terminate, in its discretion, any MetaX PRO Services based on its development plan; and
- allow or prohibit some Users’ use of any MetaX PRO Services in accordance with relevant MetaX PRO Platform Rules.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, MetaX PRO grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use MetaX PRO Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use MetaX PRO Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding MetaX PRO Services should be stipulated in the discretion of MetaX PRO. MetaX PRO reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using MetaX PRO Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use MetaX PRO Services. Therefore, you hereby agree that when you use MetaX PRO Services, MetaX PRO does not transfer MetaX PRO Services or the ownership or intellectual property rights of any MetaX PRO intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through MetaX PRO Services, are exclusively owned, controlled and/or licensed by MetaX PRO Operators or its members, parent companies, licensors or affiliates.
MetaX PRO owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about MetaX PRO or MetaX PRO Services that you provide through email, MetaX PRO Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to MetaX PRO. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
b. Restriction
When you use MetaX PRO Services, you agree and undertake to comply with the following provisions:
- During the use of MetaX PRO Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of MetaX PRO;
- Your use of MetaX PRO Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using MetaX PRO Services;
- You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
- Without written consent from MetaX PRO, the following commercial uses of MetaX PRO data are prohibited:
1) trading services that make use of MetaX PRO quotes or market bulletin board information.
2) data feeding or streaming services that make use of any market data of MetaX PRO.
3) any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from MetaX PRO.
- Without prior written consent from MetaX PRO, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
- You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of MetaX PRO Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through MetaX PRO Services; (ii) attempt to access any part or function of the properties without authorization, or connect to MetaX PRO Services or any MetaX PRO servers or any other systems or networks of any MetaX PRO Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of MetaX PRO Services or any network connected to the properties, or violate any security or authentication measures on MetaX PRO Services or any network connected to MetaX PRO Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of MetaX PRO Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of MetaX PRO Services or MetaX PRO, or the infrastructure of any systems or networks connected to MetaX PRO services; (vi) use any devices, software or routine programs to interfere with the normal operation of MetaX PRO Services or any transactions on MetaX PRO Services, or any other person’s use of MetaX PRO Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to MetaX PRO, or (viii) use MetaX PRO Services in an illegal way.
By accessing MetaX PRO Services, you agree that MetaX PRO has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
- blocking and closing order requests;
- freezing your account;
- reporting the incident to the authorities;
- publishing the alleged violations and actions that have been taken;
- deleting any information you published that are found to be violations.
2. Crypto-to-crypto Trading
Upon completion of the registration and identity verification for your MetaX PRO Account, you may conduct Crypto-to-crypto Trading on MetaX PRO in accordance with the provisions of these Terms and MetaX PRO Platform Rules.
a. Orders
Upon sending an instruction of using MetaX PRO Services for Crypto-to-crypto Trading (an “Order”), your account will be updated to reflect the open Orders, and your Orders will be included in MetaX Pro’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, MetaX PRO will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize MetaX PRO to temporarily control the Digital Currencies involved in your Transaction.
b. Cancellation
For Orders initiated through MetaX PRO Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel MetaX PRO’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. MetaX PRO reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, MetaX PRO may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to MetaX PRO are deducted as stated in paragraph (c) below).
c. Fees
You agree to pay MetaX PRO the fees specified in www.metax-pro.io may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize MetaX PRO to deduct from your account any applicable fees that you owe under these Terms.
3. Liabilities
a. Disclaimer of Warranties
To the maximum extent permitted under applicable law, MetaX PRO services, MetaX PRO materials and any product, service or other item provided by or on behalf of MetaX PRO are offered on an “as is” and “as available” basis, and MetaX PRO expressly disclaims, and you waive, any and all other warranties 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 course of performance, course of dealing or usage in trade. Without limiting the foregoing, MetaX PRO does not represent or warrant that the site, MetaX PRO services or MetaX PRO materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. MetaX PRO does not guarantee that any order will be executed, accepted, recorded or remain open. Except for the express statements, agreements and rules set forth in these terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of MetaX PRO services. Without limiting the foregoing, you hereby understand and agree that MetaX PRO will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by MetaX PRO and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of these terms, (f) any damage caused by illegal actions of other third parties or actions without authorized by MetaX PRO; and (g) other exemptions mentioned in disclaimers and platform rules issued by MetaX PRO.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
- Disclaimer of Damages and Limitation of Liability
To the maximum extent permitted by applicable law, in no event will MetaX PRO, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of MetaX PRO services, any performance or non-performance of MetaX PRO services, or any other product, service or other item provided by or on behalf of MetaX PRO and its affiliates, whether under contract, statute, strict liability or other theory even if MetaX PRO has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of MetaX PRO’s gross negligence, fraud, willful misconduct or intentional violation of law. 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 will the liability of MetaX PRO, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of MetaX PRO and its affiliates, any performance or non-performance of MetaX PRO services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to MetaX PRO under these terms in the three-month period immediately preceding the event giving rise to the claim for liability.
- Indemnification
You agree to indemnify and hold harmless MetaX PRO Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, MetaX PRO Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of MetaX PRO Services. If you are obligated to indemnify MetaX PRO Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, MetaX PRO will have the right, in its sole discretion, to control any action or proceeding and to determine whether MetaX PRO wishes to settle, and if so, on what terms.
V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on www.metax-pro.io. Users undertake to refer to these materials regularly and promptly. Metax PRO will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
VI. Termination of Agreement
- Suspension of MetaX PRO Accounts
You agree that MetaX PRO shall have the right to immediately suspend your MetaX PRO Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to MetaX PRO for any reason including if MetaX PRO suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that MetaX Pro shall not be liable to you for any permanent or temporary modification of your MetaX Pro Account, or suspension or termination of your access to all or any portion of MetaX Pro Services. MetaX PRO shall reserve the right to keep and use the transaction data or other information related to such MetaX PRO Accounts. The above account controls may also be applied in the following cases:
- The MetaX PRO Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
- We detect unusual activities in the MetaX PRO Account;
- We detect unauthorized access to the MetaX PRO Account;
- We are required to do so by a court order or command by a regulatory/government authority.
2.Cancellation of MetaX PRO Accounts
In case of any of the following events, MetaX PRO shall have the right to directly terminate these Terms by cancelling your MetaX PRO Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your MetaX PRO Account on MetaX PRO and withdraw the corresponding MetaX PRO Account thereof:
- after MetaX PRO terminates services to you;
- you allegedly register or register in any other person’s name as a MetaX PRO User again, directly or indirectly;
- the information that you have provided is untruthful, inaccurate, outdated or incomplete;
- when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your MetaX PRO Account or by other means;
- you request that MetaX PRO Services be terminated; and
- any other circumstances where MetaX Pro deems it should terminate MetaX PRO Services.
Should your MetaX PRO Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, MetaX PRO shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If MetaX PRO is informed that any Digital Assets or funds held in your MetaX PRO Account are stolen or otherwise are not lawfully possessed by you, MetaX PRO may, but has no obligation to, place an administrative hold on the affected funds and your MetaX PRO Account. If MetaX PRO does lay down an administrative hold on some or all of your funds or MetaX PRO Account, MetaX PRO may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to MetaX PRO has been provided to MetaX PRO in a form acceptable to MetaX PRO. MetaX PRO will not involve itself in any such dispute or the resolution of the dispute. You agree that MetaX PRO will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
3.Remaining Funds After MetaX PRO Account Termination
Except as set forth in paragraph 4 below, once a MetaX PRO Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to MetaX PRO) will be payable immediately to MetaX PRO. Upon payment of all outstanding charges to MetaX PRO (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
4.Remaining Funds After MetaX PRO Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
MetaX PRO maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of MetaX PRO Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
5.Dormant Accounts
Notwithstanding any provision of this Section VI, MetaX PRO may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your MetaX PRO Account within 30 days of the notice. In the event that you fail to do so, MetaX PRO may:
(a) deem your MetaX PRO account as a dormant account;
(b) close any open positions in any MetaX PRO products;
(c) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the MetaX PRO Operators or any third-party custodian where it is deemed reasonably necessary by MetaX PRO to do so;
(d) where necessary for a transfer set out in paragraph 5(c) above, the conversion of the Digital Assets to a different type of asset supported by the relevant affiliate of the MetaX PRO Operators or any third-party custodian. For the avoidance of doubt, none of the MetaX PRO Operators or any third-party custodian shall be liable for any loss of profit resulting from such conversion; and
(e) charge a dormant account fee to cover the cost of maintaining the assets by the MetaX PRO Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis.
VII. No Financial Advice
MetaX PRO is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using MetaX PRO Services. No communication or information provided to you by MetaX PRO is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. MetaX PRO does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. MetaX PRO will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by MetaX PRO.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of MetaX PRO Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. All users of MetaX PRO services acknowledge and declare that their funds come from legitimate sources and do not originate from illegal activities; users agree that MetaX PRO will require them to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of their funds. MetaX PRO maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.
IX. Privacy Policy
Access to MetaX PRO Services will require the submission of certain personally identifiable information. Please review MetaX Pro’s Privacy Policy at www.metax-pro.io for a summary of MetaX PRO’s guidelines regarding the collection and use of personally identifiable information.
X. Governing Law, Dispute Resolution, and Class Action Waiver
1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Seychelles.
2. Dispute Resolution: If a dispute arises with MetaX PRO, we will first attempt to resolve the dispute amicably through our support team. If the dispute cannot be resolved amicably through our support team, you and MetaX PRO agree that any dispute arising under these Terms shall be submitted to and finally resolved in the courts of the Seychelles, in the English language.
3. Class Action Waiver: You and MetaX PRO expressly waive any right to participate in a class action, joint action by multiple plaintiffs, or class arbitration.
4.Modifications: MetaX PRO reserves the right to update, modify, revise, suspend, or make any future changes to Section X regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date. Subject to the applicable law, your continued use of your MetaX PRO account shall be deemed to be your acceptance of any modifications to Section X regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Section X, MetaX PRO may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
5.Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.
XI. Miscellaneous
- Independent Parties. MetaX PRO is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of MetaX PRO Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
- Interpretation and Revision. MetaX PRO reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on MetaX PRO websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of MetaX PRO Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, MetaX PRO will not be responsible for any modification or termination of MetaX PRO Services by you or any third party, or suspension or termination of your access to MetaX PRO Services.
- Force Majeure. MetaX PRO will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond MetaX PRO’s reasonable control.
- Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
- Assignment. You may not assign or transfer any right to use MetaX PRO Services or any of your rights or obligations under these Terms without prior written consent from MetaX PRO, including any right or obligation related to the enforcement of laws or the change of control. MetaX PRO may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
- Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
- Third-Party Website Disclaimer. Any links to third-party websites from MetaX PRO Services does not imply endorsement by MetaX PRO of any product, service, information or disclaimer presented therein, nor does MetaX PRO guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, MetaX PRO will not be liable for such loss. In addition, since MetaX PRO has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
- Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through MetaX PRO Services, such activities and programs are provided by MetaX PRO and are not associated with Apple Inc. in any manner.
- Contact Information. For more information on MetaX PRO, you may refer to the information found on MetaX websites. If you have questions regarding these Terms, please feel free to contact MetaX PRO for clarification via our Customer Support team at metax-pro.channel.io .
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