Introduction

A) This DEX Service Agreement (“Agreement”) is a contract between you (“you”, “your” or “User”) and MEXC Global (“we”, “our”, “us” or “MEXC”). It sets out the terms and conditions that governs your use of MEXC’s DEX Product (hereinafter referred to as 'DEX') and related trading services through mexc.com or any of our associated websites, application programming interfaces or mobile applications (collectively the "Platform").
B) The terms and conditions in this Agreement are supplementary to the User Agreement, Privacy Policy, Risk Disclosure or any such other agreement or publication pertaining to MEXC’s DEX products or related trading services as may be published by MEXC from time to time (collectively, the “Legal Documents”). If the terms in this Agreement vary from that of the Legal Documents, the terms in this Agreement shall prevail. Before you use our DEX products and related services, you should read this Agreement and the Legal Documents carefully.
C) By using MEXC’s DEX products and related trading services (the “Service” or “Services”), you are deemed to have read, agreed, and fully understood the terms and conditions of this Agreement and the terms set out in the Legal Documents (including any revisions as may be published by us from time to time). If you do not agree to any terms or conditions set out in this Agreement or the Legal Documents, you are hereby advised to cease your use of the Services immediately. By continuing to use the Services, you are deemed to have agreed to the terms and conditions set forth in this Agreement and the Legal Documents in their entirety unconditionally.
D) Please note that certain users residing in specific jurisdictions may not access the Service, which may include North Korea, Cuba, Sudan, Syria, Iran, Mainland China, Singapore, the United States, the United Kingdom, Hong Kong, Russian-controlled regions of Ukraine (currently including the Crimea, Donetsk, and Luhansk regions), and Canada (altogether referred to as 'Prohibited Countries'). The above list is non-exhausive in nature and may be subject to unilateral changes by MEXC without prior notice to you.

MEXC DEX+ Products and Services

A) The Services consist of aggregators that allow you to swap certain Digital Assets through a variety of blockchain networks (“Third Party Blockchains”). When performing the Services, MEXC shall serve as an information display platform and an agent placing a sell or buy order (an 'Order') upon being duly instructed by you. However, MEXC does not guarantee completion of said orders nor do we guarantee that any such orders will be placed on time.
B) Digital wallets may have various decentralized characteristics of blockchain technology. These decentralized services are different from banking financial institutions. You understand and accept that MEXC is not responsible for the storage of your Private Key and Seed Phrase. Your Private Key and Mnemonic Phrase have been entrusted to a duly authorized third party service provider. You further agree and understand that it is your sole responsibility to maintain the confidentiality and security of your MEXC account and password and you are responsible for all activities conducted in your MEXC account (including, but not limited to, disclosure of information, release of information, online clicking for consent or submission of various rule agreements, online renewal of agreements or purchase service, etc.). You assume full responsibility for all actions and statements made using your accounts and passwords
C) The Digital Assets that appear on our Services' featured listings is determined by various factors, including but not limited to their ranking on industry-recognized Digital Asset data analysis platforms such as coingecko.com, a Digital Asset’s performance on the Services, and our policies regarding the featured listings. You understand and accept that we do not endorse or promote any Digital Assets through any of the featured listings. We have the right to add, change, update or remove any Digital Assets from any of the featured listings or the Services at our sole discretion.
D) You agree that you shall use the Services for legitimate purposes only, and you shall not use the Services as a medium of noncompliance to Applicable Laws. You also agree to abide by this Agreement, the Terms of Service, all rules, terms, and any other notices or relevant agreements published and updated by MEXC from time to time, including announcements, procedural instructions, risk disclosures, and other rules and terms.
E) You agree and accept that the Service is an early version of the product and is not yet fully audited. We are not responsible for any losses you may experience, nor are we under any obligation to compensate or indemnify any lost Digital Assets to you, in connection with use of any such prototype products or services.

Fees and Charges

A) During the course of your access and use of the Services, you may incur various gas fees. Gas fees generated on any Third Party Blockchains under the Services will be borne by you.
B) Third Party Protocol Fees. There may also be other third party protocol fees that arise during your access and use of the Services, including but not limited to your transfer of Digital Assets. You are solely responsible for any and all of these third party protocol fees that may arise.
C) Service Fees. Please note that MEXC does not currently charge any fees (“Service Fees”), but we reserve the right to charge you Service Fees in the future. We may charge you certain Service Fees for providing the Services to you. The Service Fees may be a percentage of your transaction amount through the Services. We will deduct the applicable Service Fees from your transaction amount as payment for your use of the Services. Any Service Fees schedule shall be published on our platform from time to time, and we reserve the rights to update such fee schedule, if any, in its sole discretion.

Risk Disclaimer

A) The Services enable trading highly complicated and volatile financial instruments and trading on the same may expose you to a number of risks, including without limitation cybersecurity risks and the risk of losses, and we suggest that you make yourself aware of the risks involved. By using the Services, you are deemed to have made yourself aware of the risks involved.
B) You understand and agree that when you redeem or access your Digital Assets, the time it actually takes for you to receive the Digital Assets into your digital wallet may vary, and the Digital Assets received and displayed on your digital wallet shall be final. MEXC is not liable for any losses as a result of the aforementioned.
C) You agree that you shall bear any and all losses resulting from your own fault or error, including but not limited to: not being in accordance with the transaction prompts operation, not conducting timely transactions via our Services, forgetting or leakage of account security settings, cracked Passwords, your computer being invaded or hacked by others, and/or entering into the wrong address to transfer or receive Digital Assets.
D) You understand and agree that when you use the Services, you may access and use Third Party Blockchains. MEXC shall not be liable for any and all Losses caused by your use of or access to Third Party Blockchains. MEXC shall not be liable for any Losses incurred as a result of contract vulnerabilities; hacking incidents; suspension, discontinuation, or termination of business; bankruptcy; abnormal suspension; or cessation of Third Party Blockchain operations or other potential risks. Furthermore, you agree to bear any and all losses you may suffer as a result of the aforementioned risks. If you suffer any losses as a result of the aforementioned risks, you understand and agree that any Digital Assets that may be stored in your digital wallet may be permanently lost.
E) The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). Any links of Third-Party Websites in the Services do not mean that MEXC endorses any products, services, information and disclaimers provided therein, and MEXC does not guarantee the accuracy of the information contained therein. When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Services, you are subject to the terms and conditions (including privacy policies / notices) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of MEXC, and may be “open” applications for which no recourse is possible. MEXC is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. MEXC provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk. MEXC shall not be liable for any Losses caused by your use of such third party products and services on Third-Party Websites and Third-Party Applications. MEXC and each Third-Party Website and Third-Party Application are independent legal entities, and this Agreement shall not constitute any form of agency, partnership or cooperative relationship between the parties. MEXC and each Third-Party Website and Third-Party Application shall be responsible for their respective claims, debts and disputes arising from the performance of their respective contracts and agreements.
F) Third Party Blockchain Malfunctions. You understand and agree that if MEXC or any Third Party Blockchain(s) cannot function properly or the Services are interrupted because of the following conditions, and you are unable to use the Services or cannot make commands or perform related operations or transactions, including without limitation, failure, delay, interruption, system lack of response, delayed system response, or any other abnormal and/or unexpected circumstances, MEXC shall not be liable for any Losses. These circumstances include but are not limited to:
Third Party Blockchain(s) suspends, discontinues, and/or terminates its business, closes down, and/or abnormally suspends or terminates the Services;
Service suspension due to maintenance as announced by MEXC or Third Party Blockchain;
System fails to transmit data;
Force Majeure event(s) that lead to the suspension of the Third Party Blockchain;
Third Party Blockchain’s service interruption or delay arising from hacking, computer viruses, technical adjustments or failure, website upgrades, banking issues, temporary closures arising from legal or government regulations; etc.;
Third Party Blockchain’s service interruption or delay caused by its computer system being damaged, defective or unable to normally perform;
Losses arising from technical problems that cannot be predicted or solved by existing technology in the industry;
Losses you or other third parties suffer that arise from the fault or delay of the third party;
Losses you or other third parties suffer that arise from changes in laws, regulations and/or government orders;
Losses you or other third parties suffer that arise from Force Majeure events caused by unforeseeable, unavoidable, and/or unsolvable objective circumstances.
You understand and agree that the forementioned reasons may lead to abnormal transactions, price fluctuation, market fluctuation, market interruptions, and other possible abnormal circumstances. You also appreciate that the risk disclosure statement herein is not and cannot be comprehensive or exhaustive. MEXC may refuse to execute your commands based on the actual circumstances. Furthermore, you understand and agree that MEXC shall not be liable for any Losses arising from or related to any of the forementioned circumstances.
Special Reminder: By using our Services, you are deemed to have agreed to manage the potential risks thereof by your own, assess the value and risks of investment in Digital Assets, and bear the possible financial risks of losing all your investments. You are deemed to have agreed to take into consideration your own financial conditions and risk tolerance capacity before conducting any margin trading, and you clearly recognize the risks of Digital Assets investment. You understand that you may make profits or sustain losses when engaging in margin trading in Digital Assets. The Risk Reminder in this Agreement does not list all risks involved in margin trading of Digital Assets. You are hereby advised to have a clear understanding of this, and to be reminded that such investment may involve high risks and prudent investment is recommended.

No Financial Advice

A) You acknowledge that your use of our Services on our Platform is entirely voluntary conduct of yours based on your own economic situation and your knowledge of the relevant risks, both of which are not related to us and any third party in any manner whatsoever.
B) All dealings with you as undertaken by us will be on an “execution-only”, “non-advised”, and "as-is" basis. You are to rely on your independent judgment for your investments and you are not entitled to ask us to provide you with any investment advice relating to any transactions. MEXC does not, and is under no obligation to, provide you with any investment advice.

Limited Liability

A) MEXC does not guarantee the performance of the Service and you are responsible for conducting your own due diligence when using our Services. You acknowledge and agree that the loss or liability caused by any risks involved in your usage of the Services will be borne by you solely, and MEXC will not bear any responsibility in the same. You acknowledge that you may incur losses when engaging in DEX trading, and you agree to bear any and all of such losses solely.
B) You acknowledge and agree that you are responsible for all liabilities, losses or costs of any kind or nature whatsoever that may be incurred by us as a result of any failure by you to perform any of your obligations, as well as in connection with MEXC acting in accordance with your orders or in such manner as permitted under this Agreement, the User Agreement, and any other rules or agreement pertaining to the use of our Services that we may publish from time to time.
C) You agree and acknowledge that we will have no liability to you in relation to any loss, costs or expenses that you suffer as a result of any inability by you to carry out a transaction or any cause beyond our reasonable control and the effect of which is beyond our reasonable control to avoid.
D) You understand and agree that MEXC's aggregated liability shall not exceed the Service Fees MEXC received from you.

Language

This agreement is written in English. Although translations in other languages of this agreement may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of this agreement and any other translations thereof, the English language version of this agreement shall prevail.

Anmelden