Terms of Service
MNX Markets, Inc. — Mainnet
Last Updated: August 3, 2026
These Terms of Service ("Terms") explain the terms and conditions by which you may access and use the website-hosted user interface (the "Interface"), available at https://mnx.fi. The Interface is made available by MNX Markets, Inc., a Delaware corporation ("Company," "we," "us," or "our").
You must read these Terms carefully as they govern your use of the Interface. By accessing and using the Interface, you expressly represent and acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you are not authorized to access or use the Interface.
THE INTERFACE PROVIDES ACCESS TO A PROTOCOL ON WHICH YOU MAY TRADE PERPETUAL FUTURES, NUMERIC FUTURES, AND BINARY (PREDICTION) MARKETS INVOLVING DIGITAL ASSETS WITH REAL MONETARY VALUE, INCLUDING WITH LEVERAGE. TRADING THESE INSTRUMENTS INVOLVES A HIGH DEGREE OF RISK AND CAN RESULT IN THE RAPID AND TOTAL LOSS OF YOUR ASSETS. TRANSACTIONS ARE IRREVERSIBLE. DO NOT USE THE INTERFACE UNLESS YOU UNDERSTAND AND CAN BEAR THESE RISKS. SEE SECTION 2 (ASSUMPTION OF RISK; RISK DISCLOSURES).
1. The Interface
1.1 The Interface facilitates trading through an exchange system that uses Company-operated off-chain services together with smart contracts deployed on the MegaEth blockchain mainnet (collectively, the "Protocol"). Users may trade perpetual futures, numeric futures (including valuation futures), and binary futures. Accepted orders are collected and matched by a centralized off-chain order-matching service in periodic batch auctions, with matched orders in a batch allocated at a uniform clearing price. The resulting batches are submitted to the Protocol's smart contracts for validation and on-chain settlement, as generally described in the Exchange Documentation (defined below). Certain on-chain functions may be accessed independently of the Interface, but participation in the Company-operated order-matching service requires a supported interface or application programming interface.
1.2 Exchange Documentation. Documentation describing the markets available on the Protocol — including trading rules, the current fee schedule, oracle methodology, contract specifications, and corporate-actions policies — is published at https://docs.mnx.fi (collectively, as updated from time to time, the "Exchange Documentation"). The Exchange Documentation is provided for informational purposes only, does not form part of these Terms, is not incorporated into these Terms by reference, and may be revised at any time without notice. You are solely responsible for reviewing the current Exchange Documentation, including the contract specification for any market you trade, before trading. In the event of any inconsistency between the Exchange Documentation and the actual operation of the Protocol, the Protocol's deployed smart contracts and operating mechanisms govern.
1.3 Information Providers. Order matching is performed by the Company-operated off-chain service described in Section 1.1, while matched batches are validated and settled by smart contracts on the MegaEth blockchain. Certain data and informational inputs used by the Protocol — including oracle price data, settlement values for markets that settle by reference to off-chain events or data, and determinations regarding corporate actions or other events affecting reference assets — are supplied by affiliates of the Company or by third parties (in such capacity, "Information Providers") in accordance with methodologies described in the Exchange Documentation. Inputs supplied by Information Providers may, among other things, cause the Protocol to update price references, restrict tradable price ranges, pause markets, or settle markets. Information Providers act solely in that capacity as suppliers of data and information: they do not execute transactions on behalf of any user, do not hold custody of user assets, and do not act as agent, broker, advisor, or fiduciary for any user. To the fullest extent permitted by law, the Company disclaims any liability arising from any data or information supplied, or not supplied, by any Information Provider. The Company at no time has custody of user assets.
1.4 The Company operates the off-chain services that accept and match orders and submit resulting batches for smart-contract validation and settlement. The MegaEth blockchain network validates the on-chain transactions that settle those batches. Markets, tokens, and trading pairs shown through the Interface may be selected, configured, reviewed, or declined by the Company, including for legal or compliance reasons. The Company does not take custody of user assets or exercise discretion over an individual user's trading decisions, but its off-chain systems are involved in order acceptance, matching, and batch submission. The Company expressly disclaims liability for losses or damages arising from or related to use of those systems or any interaction with the Protocol through the Interface.
1.5 To use the Interface, you must connect a compatible non-custodial wallet, which allows you to access the MegaEth blockchain and interact with the Protocol. You should consult the terms of service provided by your wallet provider to understand your rights and responsibilities as they relate to your self-custodial wallet. The Company has no custody or control over the contents of your wallet and has no ability to retrieve, transfer, freeze, or recover its contents. The Company does not accept fiat currency, does not hold customer funds, and is not a bank, broker, dealer, exchange, futures commission merchant, money transmitter, or custodian. When you connect your wallet to the Interface, you agree to be bound by these Terms.
1.6 By using the Interface, you acknowledge and agree that all use of the Interface, and any interaction with the Protocol through the Interface, is entirely at your own risk. You are solely responsible for evaluating any markets, tokens, or trading pairs you access.
1.7 Transactions processed by the Protocol on the MegaEth blockchain are irreversible. The Company assumes no liability for errors or omissions made during transaction confirmations, including accidental transmissions, incorrect wallet addresses, or incorrect token amounts. By accessing and using the Interface, you represent that you are financially and technically sophisticated such that you understand the inherent risks associated with using cryptographic and blockchain-based systems, including the risks associated with decentralized exchange protocols and leveraged derivatives, and that you are able to bear the complete loss of all digital assets you use in connection with the Protocol.
1.8 API. These Terms also apply to any application programming interface made available by the Company in connection with the Interface or the Protocol (the "API"). The API is provided without any guarantee of availability, and the Company may limit, suspend, or terminate support for the API, in whole or in part, at any time without prior notice. The Company is not responsible for any orders, transactions, or other actions submitted through the API, including erroneous, duplicated, or unintended orders. When using the API, you represent and warrant that you will not use the API: (a) in any way that causes, or may cause, damage to the Interface, the Protocol, or the API, or impairment of their availability or accessibility; (b) in any way that is unlawful, fraudulent, or harmful, or in connection with any unlawful, fraudulent, or harmful purpose or activity; or (c) to copy, store, host, transmit, send, publish, or distribute any material that consists of, or is connected to, any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious software. Use of the API is subject to any published API documentation, rate limits, and access requirements.
2. Assumption of Risk; Risk Disclosures
2.1 Real Assets; Finality. The Protocol is deployed on mainnet. Digital assets used in connection with the Protocol have real monetary value, and all losses are real and borne solely by you. Transactions are final and irreversible once confirmed on the MegaEth blockchain. Neither the Company nor any other party can reverse, cancel, or refund any transaction, restore lost or stolen assets, or recover assets sent to incorrect addresses. Positions on the Protocol are margined and settled in the collateral asset specified by the Protocol (currently USDM), and you bear the risk that any collateral asset may lose value, deviate from any intended peg, or become illiquid or unavailable.
2.2 Margin, Leverage, and Liquidation. The Protocol permits trading of futures, perpetual contracts, and other derivative instruments, including with leverage. Each market defines its own margin requirements, leverage limits, and order parameters, which may change from time to time. Leveraged trading is highly speculative and can result in losses that occur rapidly, without warning, and up to the entire value of your margin or collateral. You acknowledge and agree that: (a) positions become eligible for liquidation, automatically and without notice to you, when applicable margin requirements are not met, at prices and times determined by the Protocol's mechanisms; (b) liquidations may close your position in whole or in part, in one or more transactions, at unfavorable prices — particularly in volatile or illiquid markets — and may result in the total loss of the collateral allocated to a position; (c) if insufficient equity remains, backstop or similar mechanisms may assume and close your position; (d) the Protocol may employ auto-deleveraging or similar mechanisms under which profitable positions may be reduced or closed, even where adequately margined, in order to keep the exchange solvent; (e) perpetual contracts may be subject to periodic funding payments that accrue to or against positions, and funding may accrue only during specified periods for certain markets; and (f) any backstop mechanism is limited, is not insurance or a guarantee, and may be insufficient to prevent losses.
2.3 Futures Settlement; Binary and Numeric Markets. Binary futures settle based on the occurrence or non-occurrence of specified events, and numeric futures (including valuation futures) settle to values determined under the applicable contract specification. You acknowledge and agree that: (a) settlement values for markets that settle by reference to off-chain events or data are determined from the sources and methodologies described in the applicable contract specification, which may include data supplied by Information Providers; (b) settlement may be subject to review, correction, or delay before positions close, and settlement determinations are final once effected; (c) events and data underlying a market may be ambiguous, disputed, delayed, or reported inaccurately by external sources, and fallback methodologies may be coarser or less accurate than a primary methodology; (d) markets may be settled, wound down, or delisted before any expected settlement date, with settlement values determined as described in the applicable contract specification; (e) forced settlement closes positions automatically, without action by you, and constitutes a realization event that may have strategy and tax consequences; and (f) neither the Company nor any Information Provider guarantees the outcome, timing, or continued listing of any market.
2.4 Price References, Price Ranges, and Market Data. The Protocol uses one or more price references — such as oracle prices used for margin checks, liquidation eligibility, tradable price ranges, and conditional-order triggers, and mark prices used for profit-and-loss display — formed as described in the Exchange Documentation. You acknowledge and agree that: (a) price references for certain markets may be derived in whole or in part from the Protocol's own trading activity or order book, may have no external reference before settlement, and may be affected by illiquidity, thin quoting, or trading activity on the Protocol itself; (b) price references for other markets may rely on external market-data sources, third-party oracle networks, currency-conversion feeds, and fallback sources, any of which may be delayed, inaccurate, manipulated, or unavailable; (c) price reference updates may be rate-limited, smoothed, delayed, paused, or subjected to review, during any of which a price reference may diverge from prevailing market prices; (d) trading may be restricted to configured price ranges around a reference price, and orders may execute at the limits of those ranges, including at prices that diverge substantially from prevailing or fair value; and (e) any failure, delay, divergence, or manipulation of any price source may result in mispriced trades, conditional orders triggering earlier or later than expected, delayed or unfavorable liquidations, incorrect or delayed settlements, or other losses for which neither the Company nor any Information Provider bears responsibility.
2.5 Corporate Actions; Market Pauses. For markets referencing stocks or other external assets, corporate actions and similar events affecting a reference asset are handled as described in the Exchange Documentation. You acknowledge and agree that: (a) markets may be paused, and open positions may be settled at a specified price, before a market reopens or is delisted — closing your positions automatically, even if you take no action, and requiring you to re-enter if you wish to restore exposure; (b) certain distributions on reference assets (such as ordinary cash dividends) may not be adjusted or compensated, in which case a market provides price return rather than total return; (c) markets may be paused, with order placement disabled and liquidations suspended, during trading halts in a reference asset or pending review of anomalous data; and (d) acquisitions, delistings, mergers, spin-offs, and similar events affecting a reference asset may result in the settlement and delisting of the related market.
2.6 Smart Contract and Security Risk. The smart contracts comprising the Protocol are complex software and may contain bugs, errors, or security vulnerabilities. The Protocol may be the target of hacks, exploits, economic attacks, or governance attacks. Any of the foregoing could result in the partial or total loss of your digital assets.
2.7 No Deposit Protection. Digital assets used in connection with the Protocol are not bank deposits, are not legal tender, and are not insured or guaranteed by any governmental agency or deposit-protection or investor-compensation scheme (including, without limitation, the FDIC or SIPC or any equivalent body in any jurisdiction).
2.8 Volatility, Liquidity, and Execution. Digital asset markets are highly volatile and may at times be illiquid. Prices may gap, and orders may execute with significant slippage or may not execute at all. Markets accessible through the Interface, including markets referencing artificial-intelligence-related assets, companies, indices, or events, may be novel, thinly traded, and especially volatile. Order matching on the Protocol may use periodic auctions or other mechanisms under which your execution price, priority, and fill size may differ from those of a continuous order book, and orders may be rejected where applicable margin or other requirements are not met.
2.9 Legacy Testnet. Any testnet or other pre-production environment that the Company continues to make available remains subject to the terms designated for that environment. Any test tokens, points, rewards, or other benefits accrued during any testnet phase did not and do not represent a promise, guarantee, or obligation by the Company to provide equivalent value, tokens, airdrops, or compensation of any kind on mainnet, and no allocation, distribution, or benefit shall be implied from testnet participation.
3. Eligibility
3.1 The Interface is not available to "Restricted Persons." For the purposes of these Terms, Restricted Persons include:
- Persons under the age of 18 or the age of legal majority in their jurisdiction, whichever is greater.
- Persons or entities who reside in, are located in, are incorporated in, or have a registered office in the United States of America or the Province of Ontario, Canada (the "Restricted Jurisdictions").
- Persons or entities who reside in, are located in, are incorporated in, or have a registered office in any jurisdiction subject to comprehensive economic sanctions imposed by the United States, including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, and Sevastopol regions of Ukraine (the "Sanctioned Jurisdictions," and together with the Restricted Jurisdictions, the "Restricted Territories").
- Citizens or nationals of Restricted Territories, regardless of their current location.
- Persons or entities identified on any applicable government sanctions list, including the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List, or any equivalent list maintained by other relevant authorities.
- Persons or entities acting on behalf of, or whose wallets the Company reasonably believes are owned or controlled by or associated with, any of the foregoing.
- Persons who have previously been suspended, removed, or banned from the Interface.
3.2 Restricted Persons are strictly prohibited from accessing or using the Interface, except as expressly provided in Section 3.3 (Wind-Down Access).
3.3 Wind-Down Access. A person or entity that becomes a Restricted Person by reason of a connection to a Restricted Jurisdiction (but not a Sanctioned Jurisdiction), and that holds open positions or a balance on the Interface at that time, may continue to access the Interface solely to (a) close or reduce existing positions and (b) withdraw funds. This wind-down access remains available for as long as the restriction applies; it does not permit opening new positions, increasing existing positions, or any other use of the Interface, and it may be modified or withdrawn where required by applicable law. No wind-down access is available in connection with any Sanctioned Jurisdiction or to persons or entities identified on any applicable government sanctions list.
3.4 Geographic and Compliance Controls. The Company applies geographic and compliance controls to the Interface that reflect these Terms, which may include IP-based geoblocking, detection of VPNs, proxies, and other anonymization tools, and blockchain analytics screening of connected wallets. As of policy version 2026-08-03, the Sanctioned Jurisdictions are Cuba; Iran; North Korea; Syria; and the Crimea, Donetsk, Luhansk, and Sevastopol regions of Ukraine, and the Restricted Jurisdictions are the United States of America and the Province of Ontario, Canada. The Company maintains this list under a dated policy version and updates it as applicable law requires.
3.5 Wallet Screening; Blocking. The Company may screen wallet addresses that connect to the Interface against sanctions lists and blockchain analytics data, and may, in its sole discretion and without notice, restrict or block any wallet that it reasonably believes (a) is identified on any applicable sanctions list; (b) is owned, controlled by, or associated with a Restricted Person; (c) holds or has transacted in digital assets derived from hacks, exploits, ransomware, darknet markets, sanctioned protocols or mixers, or other illicit activity; or (d) otherwise presents legal, regulatory, or compliance risk. The Company may request additional information from you to verify eligibility and may restrict access pending such verification.
3.6 Continuing Representations. Each time you access or use the Interface, you represent and warrant that you are not a Restricted Person; that you are not accessing the Interface from, and will not use the Interface while located in, any Restricted Territory; that you are not using a VPN, proxy, or other tool to conceal your location; that all digital assets you use are legally obtained and beneficially owned by you; and that your use of the Interface is lawful in your jurisdiction.
3.7 You are solely responsible for determining whether your access to and use of the Interface complies with applicable laws and regulations in your jurisdiction, including any laws governing derivatives, contracts for difference, event contracts, betting or gaming, and digital assets.
4. No Warranties
4.1 The Interface is provided on an "as-is" and "as-available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, or timeliness. To the fullest extent permitted by law, the Company makes no representations or warranties that access to the Interface will be continuous, uninterrupted, or error-free, that any defects will be corrected, or that the Interface or any interaction through the Interface with the Protocol will meet your expectations or requirements.
4.2 You expressly understand and agree that you are solely responsible for evaluating and accepting the risks involved in using the Interface, as well as the risks associated with digital assets and decentralized systems generally, including, but not limited to: (a) the inherent volatility of digital assets, which may result in sudden and substantial losses in value; (b) the risks of using digital assets due to both features of such assets and the potential unauthorized acts of third parties, including hacking, phishing, fraud, or cyberattacks; (c) the possibility of limited access to your assets or delays, disruptions, or errors when using the Interface; and (d) the potential loss of tokens or other assets due to network failures, errors in any code or algorithm, or factors beyond the Company's control.
4.3 You agree that you will have no recourse against anyone for any losses due to your use of the Interface. Such losses may include, but are not limited to, those arising from or relating to: (a) incorrect information, including any displayed token values, prices, funding rates, margin requirements, or transaction details; (b) failures of blockchain networks, including forks, congestion, or malicious attacks; (c) corrupted cryptocurrency wallet files or wallet incompatibilities; (d) unauthorized access to wallets or accounts, including losses caused by compromised private keys; (e) errors or inaccuracies in the Interface or its underlying software; (f) failures of, or actions by, third-party systems, services, or applications you rely on to use the Interface or interact with the Protocol; (g) slippage or market inefficiencies when executing trades; (h) any malfunction or failure of the Protocol or the MegaEth blockchain network, including liquidation and backstop mechanisms, auto-deleveraging, funding mechanisms, price references, price ranges, order matching, or market-settlement mechanisms; and (i) regulatory actions or legal uncertainties affecting the availability or use of the Protocol or related assets.
4.4 By using the Interface, you acknowledge and accept full responsibility for all of the risks involved in accessing and using the Interface or interacting with the Protocol, including, without limitation: (a) failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools; (b) code vulnerabilities, including potential hacks or exploits; (c) significant slippage or other market risks; (d) the risks of trading with leverage, which may lead to immediate and significant losses, including the liquidation of your positions; (e) the risks associated with prediction markets, including resolution, settlement, and voiding of markets; and (f) potential regulatory or legal issues affecting blockchain transactions or their enforceability. These Terms are not intended to, and do not, create or impose any fiduciary duties on the Company. To the fullest extent permitted by law, you acknowledge and agree that the Company owes no fiduciary duties or liabilities to you or any other party based on your use of the Interface. To the extent that any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate such duties and liabilities.
4.5 By using the Interface, you represent and warrant that all digital assets you use are legally obtained and under your sole control. You are solely responsible for securing your private keys, wallet credentials, and other sensitive information related to your interaction with the Interface or, through it, the Protocol. The Company shall have no liability for any loss, damage, or unauthorized access resulting from your failure to secure such credentials. You agree that the only duties and obligations the Company owes you are those set out expressly in these Terms.
5. No Professional Advice; Appropriateness
5.1 Any information provided by the Interface is for informational purposes only and should not be construed as professional, technical, operational, investment, or other advice. The Company does not evaluate or monitor the suitability or appropriateness of trading activities for users or provide any advice on the consequences of interacting with decentralized financial systems. Leveraged derivatives and prediction markets are not appropriate for all persons. You should not take, or refrain from taking, any action based on any information contained on the Interface, or any other information that we may make available at any time.
5.2 Any content, information, or data made available through the Interface may be incomplete, outdated, or subject to other inaccuracies. You are solely responsible for verifying the accuracy and relevance of such information before making any decisions or taking any action. Before you make any financial, legal, technical, operational, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
5.3 Nothing in these Terms, or provided by the Interface, establishes a fiduciary, advisory, or client relationship between the Company and any user. The Company explicitly disclaims any duty to provide advice, updates, or corrections to information accessed through the Interface.
5.4 You acknowledge and agree that you are solely responsible for determining, reporting, and paying any taxes applicable to your use of the Interface or your interactions with the Protocol, including taxes arising from trading gains, funding payments, rewards, or airdrops. The Company makes no representations regarding your tax obligations, does not provide tax reporting on your behalf except where required by applicable law, and strongly recommends consulting with a qualified tax advisor to ensure compliance with all applicable laws.
6. Prohibited Activity
6.1 You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
6.1.1 Intellectual Property Infringement. Activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under applicable law.
6.1.2 Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks, phishing schemes, or malicious code.
6.1.3 Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another, or impersonating any person, entity, or system.
6.1.4 Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, manipulating trading volumes or prices through coordinated actions, such as wash trading, spoofing, layering, front-running, oracle manipulation, manipulation of funding rates or settlement prices, trading on the basis of material non-public information in violation of applicable law, or any other practice intended to deceive market participants.
6.1.5 Unlawful Event Markets; Improper Influence. Creating, promoting, or trading in any prediction market that references or is contingent upon unlawful activity, violence, terrorism, or harm to any person, or taking or facilitating any action intended to influence the outcome of an event underlying a prediction market in order to profit from a position.
6.1.6 Circumvention of Restrictions. Activity that attempts to bypass, evade, or circumvent any restrictions imposed by the Interface or the Company. This includes but is not limited to: (a) using technologies such as VPNs, proxies, or other methods to conceal your location; (b) making false statements or misrepresentations about your residency, citizenship, or compliance with applicable laws; (c) using wallets, intermediaries, or third parties to access the Interface on behalf of a Restricted Person; or (d) engaging in any other activity designed to evade the restrictions set forth in these Terms or applicable laws.
6.1.7 Money Laundering and Sanctions Violations. Activity that involves or facilitates money laundering, terrorism financing, proliferation financing, or any other illegal financial activity, including the use of the Interface to engage in or support transactions prohibited by applicable sanctions laws or regulations, the use of mixers, tumblers, or similar tools to obscure the source of funds used in connection with the Interface, or the transmission of digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity.
6.1.8 Exploitation of Vulnerabilities. Activity that exploits any errors, bugs, vulnerabilities, or unintended features of the Interface, the Protocol, or any associated code, including attempts to gain unauthorized access or manipulate transactions.
6.1.9 Automated or High-Frequency Abuses. Activity that employs bots, scripts, or other automated methods to interact with the Interface in ways that exceed reasonable usage, bypass rate limits, cause denial-of-service conditions, or disrupt the normal functioning of the Interface, the Protocol, or the MegaEth network, except through publicly documented and authorized APIs.
6.1.10 Community Misconduct. Where the Company or its affiliates operate community platforms in connection with the Interface (such as Discord, Telegram, or forum channels), activity that disrupts, abuses, or harms those platforms, including, but not limited to, harassing behavior toward other members, promotion of illicit content, scams, or fraud, impersonation of the Company or its personnel, deliberately sharing misinformation about the Interface or the Protocol, or excessive self-promotion. The Company may restrict Program benefits or access to the Interface in connection with such conduct.
6.1.11 Any Other Unlawful Conduct. Activity that violates, attempts to violate, or facilitates the violation of any applicable law, regulation, rule, or governmental order, including, but not limited to, those relating to financial crimes, commodities and derivatives laws, securities laws, gaming or betting laws, data protection, intellectual property, or consumer protection.
6.2 By engaging in any prohibited activity, whether intentional or inadvertent, you agree to indemnify and hold harmless the Indemnified Parties (as defined in Section 10) from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to such activity.
7. Programs
7.1 The Company may, from time to time, in its sole discretion, make certain programs, special offers, challenges, bonuses, rewards, points, or other promotions available to participants (each a "Program," and collectively, "Programs"). The terms and conditions applicable to any such Program will be determined by the Company in its sole discretion and may be communicated to participants in conjunction with any such Program.
7.2 Because any terms and conditions associated with such Programs may differ from or supplement these Terms, you should read any such additional terms and conditions carefully before participating in any Program. In the event of a conflict between any Program terms and these Terms, such Program terms shall govern solely for any associated Program.
7.3 The Company reserves the right to modify, suspend, or discontinue any Program at any time without notice or liability to participants. Participation in any Program is entirely voluntary, and the Company makes no guarantee as to the availability, rewards, or functionality of any Program.
7.4 You acknowledge and agree that any points, rewards, or other benefits earned under a Program: (a) have no cash value unless explicitly stated otherwise; (b) do not constitute, and shall not be construed as, a security, investment contract, debt, equity, or claim against the Company, and confer no ownership, governance, dividend, or profit-sharing rights; (c) do not represent any promise or guarantee of any future token distribution or airdrop; (d) may be subject to additional conditions for redemption; (e) are not guaranteed and may be canceled or forfeited at the Company's sole discretion, including where the Company determines that they were accrued through prohibited activity (such as wash trading or sybil activity); and (f) are subject to applicable laws and regulations, which may restrict or prohibit participation in certain jurisdictions. The Company reserves the right to modify or cancel any benefits if compliance with applicable laws requires such actions, and, at its sole discretion, to evaluate compliance retroactively and take such remedial actions as it deems necessary.
8. Fees
8.1 Fees. Trading fees and other fees apply to activity on the Protocol. The current fee schedule is published in the Exchange Documentation, may vary by market and by order type or role, and may change from time to time. You acknowledge and agree that you are solely responsible for reviewing the current fee schedule before trading and for paying all applicable fees, which may be settled from your balance or margin in connection with your activity on the Protocol.
8.2 Network Fees. Blockchain network fees (e.g., gas fees) on the MegaEth network are separate from any fees described in the fee schedule and are paid directly to the underlying network. The Company has no control over blockchain network fees, and the cost and speed of transacting with blockchain-based systems is variable and may increase at any time.
8.3 Fee Changes. Changes to the fee schedule will be reflected in the Exchange Documentation. Your continued use of the Interface after a fee change takes effect constitutes your acceptance of the revised fees.
9. Release of Claims
9.1 You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with the Protocol through the Interface. These risks include, but are not limited to, risks associated with: (a) coding errors, failures, vulnerabilities, or exploits in the Protocol or the Interface; (b) network delays, disruptions, forks, or unexpected outcomes resulting from decentralized governance or protocol upgrades on MegaEth; (c) volatility, illiquidity, or total loss of digital assets; (d) market manipulation, slippage, or other inefficiencies; (e) liquidation, backstop takeover, auto-deleveraging, funding payments, and other risks arising from the use of leverage or adverse market movements; (f) the settlement, pausing, wind-down, or delisting of markets, including settlement values determined under applicable contract specifications, forced settlement or reopening of markets around corporate actions, and determinations derived from price references, internal prices, or external data sources, including data supplied or not supplied by Information Providers; (g) unauthorized access, fraud, phishing, or other malicious acts by third parties; and (h) any failure of the Protocol, the MegaEth network, or their supporting infrastructure, including cross-chain bridges and oracles.
9.2 The Company does not and cannot guarantee the security, performance, or reliability of the Protocol, its code, its off-chain order-matching and batch-submission services, or any associated blockchain networks, protocols, or tools. You understand that the Company operates and controls those off-chain services but does not take custody of user assets or trade as a counterparty merely by operating them.
9.3 By using the Interface, you expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from or in any way relating to: (a) your use of the Interface, including any errors, delays, or interruptions in its operation; (b) your interaction with the Protocol through the Interface, including in respect of any trading losses, liquidation events, backstop takeovers, auto-deleveraging, funding payments, market settlements or resolutions, forced settlement or reopening of markets around corporate actions, band-limited executions, or other financial impact; (c) any reliance on market data, token values, prices, funding rates, or information displayed on the Interface, which may be inaccurate or delayed; (d) third-party integrations, tools, or services utilized in connection with the Interface or the Protocol; (e) any regulatory, tax, or legal consequences arising from your use of the Interface or participation in activities on the Protocol through it; and (f) any restriction, suspension, or termination of your access to the Interface pursuant to these Terms, including in connection with wallet screening or geographic controls.
9.4 By using the Interface to engage in trading or other activities on the Protocol, you acknowledge the inherent risks associated with decentralized financial instruments and waive any recourse against the Company for any losses or damages incurred.
9.5 To the extent permitted by applicable law, you waive the protections of California Civil Code § 1542 (and any analogous law of any other jurisdiction), which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist in its favor at the time of executing the release.
10. Indemnity
10.1 You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively, "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Interface; (b) your interaction with the Protocol through the Interface, including, but not limited to, trading activities, leveraged positions, liquidation events, or prediction market activity; (c) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation; (d) your participation in any prohibited activities described in Section 6; (e) any other party's access to and use of the Interface or, through the Interface, the Protocol, using any device or wallet that you own or control, whether or not caused by you; (f) any third-party services, tools, or platforms you use in connection with the Interface or the Protocol through the Interface; and (g) any false, misleading, or fraudulent statements or omissions made by you in connection with your use of the Interface, including any misrepresentation regarding your status as a Restricted Person.
10.2 If any claim or demand is brought against the Indemnified Parties arising out of your use of the Interface, or through the Interface, the Protocol, you agree to provide prompt and full cooperation with the Company in defending such claims or demands, including making reasonable efforts to mitigate any potential damages.
10.3 The Company reserves the right to assume exclusive control of the defense or settlement of any matter subject to indemnification at your expense. You agree not to settle any such matter without the prior written consent of the Company.
11. Limitation of Liability
11.1 UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DIGITAL ASSETS, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF THE INTERFACE, OR YOUR INTERACTION WITH THE PROTOCOL THROUGH THE INTERFACE, NOR WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE INTERFACE OR ITS SUPPORTING INFRASTRUCTURE.
11.2 The Company assumes no liability or responsibility for any: (a) errors, bugs, or vulnerabilities in the Protocol, including, but not limited to, issues in code, cross-chain bridges, price references, liquidation and backstop mechanisms, auto-deleveraging, order matching, market-settlement mechanisms, or liquidity mechanisms; (b) errors, mistakes, or inaccuracies of content displayed through the Interface; (c) personal injury or property damage of any nature whatsoever resulting from any access or use of the Interface; (d) unauthorized access or use of any secure server, database, or wallet in our control, or the use of any information or data stored therein; (e) interruption or cessation of function related to the Interface; (f) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (g) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; (h) third-party actions, including fraud, phishing, or market manipulation impacting users of the Protocol or the Interface; (i) failures or disruptions caused by third-party services, platforms, or tools connected to the Interface or the Protocol; or (j) unclaimed rewards, tokens, or other benefits associated with any Program.
11.3 UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) AND (B) THE AGGREGATE AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
11.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages, or the exclusion of liability for fraud, willful misconduct, gross negligence, death, or personal injury. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you, and nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law. These limitations of liability shall apply to the fullest extent permitted by law.
12. Intellectual Property
12.1 All content, trademarks, service marks, logos, trade names, and other intellectual property rights in and to the Interface are and shall remain the exclusive property of MNX Markets or its licensors. Nothing in these Terms grants you any right, title, or interest in the foregoing, except for the limited license set forth below.
12.2 Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Interface for its intended purposes.
12.3 Any feedback, suggestions, or ideas you provide regarding the Interface may be used by MNX Markets without restriction, compensation, or attribution.
13. Privacy
13.1 Your use of the Interface is subject to our Privacy Policy, which describes how we collect, use, and disclose information about you and is incorporated herein by reference. You acknowledge that, in connection with the compliance controls described in Section 3, the Company may collect and process information including your IP address, approximate geolocation, device and browser information, and connected wallet addresses, and may share such information with blockchain analytics providers and, where required, with regulators or law enforcement.
13.2 Because the Interface facilitates interaction with the Protocol on the MegaEth blockchain, a public and transparent network, you acknowledge and agree that certain transaction data — including wallet addresses, transaction amounts, token interactions, positions, and trading activity — is permanently and publicly recorded on-chain. This data cannot be made private, modified, or deleted by the Company or any other party. You should not use the Interface if you are not comfortable with the public nature of blockchain transactions.
14. Dispute Resolution
14.1 Governing Law; Federal Arbitration Act. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. These Terms evidence a transaction involving interstate commerce, and notwithstanding any other provision of these Terms, the interpretation and enforcement of the arbitration provisions of this Section 14 shall be governed by the Federal Arbitration Act.
14.2 Informal Resolution. You agree to notify us, in writing, of any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Interface ("Dispute") within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Company shall be provided by sending an email to info@mnx.fi. Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific resolution or action that you are seeking.
14.3 Binding Arbitration. If the Dispute cannot be resolved informally within thirty (30) days of receipt of notice, any Dispute shall be resolved exclusively through final and binding arbitration administered by JAMS under its applicable rules and procedures, incorporating the JAMS Optional Expedited Arbitration Procedures. The parties expressly adopt and incorporate the JAMS Mass Arbitration Procedures and Guidelines and the associated Mass Arbitration fee schedule, which shall apply where their criteria are met. The arbitration shall be conducted by a single arbitrator selected pursuant to the applicable JAMS rules. The seat of the arbitration shall be Wilmington, Delaware. The language of the arbitration shall be English. Each party shall bear its own costs, unless otherwise determined by the arbitrator or required by the applicable JAMS rules, including any applicable JAMS consumer minimum standards. The arbitration, including all filings, submissions, hearings, and the award, shall be conducted on a confidential basis, and the parties shall maintain such confidentiality except as necessary to confirm, enforce, or challenge the award, or as otherwise required by applicable law.
14.4 Class Action, Representative Action, and Jury Trial Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF IN OR MEMBER OF ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING NOT SUBJECT TO ARBITRATION.
14.5 Arbitration Opt-Out. You may opt out of the arbitration agreement and class action waiver in Sections 14.3 and 14.4 by sending written notice to info@mnx.fi within thirty (30) days of the date you first accept these Terms, stating your name, wallet address(es), and your intent to opt out. Opting out of arbitration will not affect any other provision of these Terms.
14.6 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
14.7 Fallback Forum. Any proceeding to confirm, modify, vacate, or enforce an arbitration award, and any judicial proceeding in the event that the agreement to arbitrate in this Section 14 is found not to apply to you or to a particular Dispute or is held unenforceable, shall be brought exclusively in the state courts of the State of Delaware sitting in Wilmington, Delaware or the United States District Court for the District of Delaware. You and the Company each consent to the exclusive jurisdiction and venue of such courts and waive any objection based on inconvenient forum.
15. Limitations, Restrictions, and Other Terms
15.1 The Company's determinations regarding the eligibility of any user to access or participate in features of the Interface, as well as any questions or disputes arising from a user's use of the Interface, shall be final and binding and not subject to challenge or appeal.
15.2 Without notice to you, the Company reserves the right to suspend or terminate your access to the Interface in its sole discretion, including, but not limited to, cases where the Company determines or suspects that your use of the Interface is unauthorized, deceptive, fraudulent, or unlawful; intentionally subverts the purposes of the Interface; or would require suspension or termination to comply with applicable laws, regulations, or legal orders. Because your assets are held in your own self-custodial wallet and positions exist on the Protocol, suspension or termination of your access to the Interface does not itself freeze, seize, or transfer your assets; you may continue to interact with the Protocol through other means, subject to applicable law.
15.3 The Company is not responsible for any problems or technical malfunction of any telephone, internet, or blockchain network or lines, online systems, servers, providers, computer equipment, software, or messaging platform, or as a result of technical problems or traffic congestion on the internet, any website, or any application, or any combination thereof. If, for any reason, the Interface is not capable of running as planned, including due to errors of any kind, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company, the Company reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Interface.
16. Modifications
16.1 The Company reserves the right to modify, update, and/or discontinue, in whole or in part, either temporarily or permanently, any portion of the Interface, any Program made available through the Interface, and/or any related policy at any time in its sole discretion and without prior notice. The Company shall not be liable for modifications, suspensions, or discontinuance of the Interface or any features made available through the Interface.
16.2 We may revise these Terms from time to time. If we make material changes, we will provide notice through the Interface (such as a banner or interstitial requiring acknowledgment) and update the "Last Updated" date at the top of these Terms. Non-material changes will be effective immediately upon posting of the revised Terms. Your continued use of the Interface after the effective date of any changes constitutes your acceptance of the revised Terms. You should review these Terms periodically. If you do not agree to the revised Terms, you must cease using the Interface, provided that you may retain wind-down access consistent with Section 3.3 to close positions and withdraw funds where applicable.
17. General Provisions
17.1 Entire Agreement. These Terms, together with the Privacy Policy and any Program terms, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements, communications, or other understandings relating to the subject matter of these Terms, including any terms applicable to any testnet environment (except with respect to your prior use of that environment).
17.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent, and the validity or enforceability of any other provision of these Terms shall not be affected.
17.3 Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver shall be effective only if in writing and signed by the Company.
17.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without the Company's prior written consent. The Company may assign or transfer any or all of its rights or obligations under these Terms without restriction.
17.5 Force Majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, blockchain network failures, cyberattacks, or power outages.
17.6 Notices. The Company may provide any notice to you under these Terms using commercially reasonable methods, including through the Interface or via email if provided. Notices provided through public communications channels will be effective as of the date of posting.
17.7 Survival. Sections 2 (Assumption of Risk; Risk Disclosures), 4 (No Warranties), 5 (No Professional Advice; Appropriateness), 9 (Release of Claims), 10 (Indemnity), 11 (Limitation of Liability), 12 (Intellectual Property), 14 (Dispute Resolution), and this Section 17.7 shall survive any termination or expiration of these Terms.
17.8 Headings. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
18. Contact Information
If you have any questions about these Terms, please contact us at:
MNX Markets, Inc.
Email: info@mnx.fi
Website: mnx.fi
By using the MNX Markets Interface, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.