Terms of Service
Last Updated: 13 February 2025
Welcome to MemeX (hereinafter referred to as “the Platform”). Before accessing and using the services provided by the Platform (hereinafter referred to as “MemeX Services”), please carefully read and understand these Terms of Use (hereinafter referred to as “Terms”). By accessing and using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, along with any applicable policies or documents.
1. Introduction
1.1.
MemeX provides a platform designed for the creation, trading, and management of digital assets. MemeX and its affiliated entities (referred to collectively as “MemeX,” “we,” “us,” or “our”) also offer tools and resources to support user engagement, including blockchain-based services and social interaction features inspired by leading platforms.
1.2.
By using the MemeX Platform, you agree to form a legally binding contract with us. These Terms govern your access to and use of the MemeX Platform, services, and any related content, features, or tools provided by MemeX.
1.3.
You are encouraged to carefully review these Terms, as well as any additional terms, policies, or guidelines referenced herein. If you have any questions or need clarification, please contact us using the details provided in the “Contact Information” section.
1.4.
By accessing or using the MemeX Platform, you acknowledge that you have read, understood, and agreed to these Terms, along with any additional terms or policies that may apply to specific features or services. If you do not agree to these Terms, you must refrain from using the MemeX Platform.
1.5.
MemeX reserves the right to modify or update these Terms at any time to reflect changes in services, laws, or other circumstances. Your continued use of the MemeX Platform after such updates constitutes your acceptance of the revised Terms.
2. Risk Disclosure
Your use of the MemeX Platform, including its digital asset and social interaction features, involves certain risks. MemeX provides its services on an “AS IS” and “AS AVAILABLE” basis without guarantees or warranties of any kind.
2.1. Volatility and Financial Risks
The value of digital assets can be highly volatile. Trading, holding, or investing in digital assets involves a significant risk of financial loss. Before engaging in any activity involving digital assets, you should carefully assess whether it aligns with your financial goals, circumstances, and risk tolerance. MemeX does not endorse, support, or guarantee the value or stability of any digital asset or investment.
2.2. Content Risks
By using MemeX’s social interaction features, you may be exposed to user-generated content that could be offensive, inaccurate, misleading, or harmful. MemeX does not monitor or control all user content and is not liable for its reliability or consequences.
2.3. No Financial or Investment Advice
The information provided on the MemeX Platform is not intended to constitute financial or investment advice. You should conduct your own due diligence and consult with qualified professionals as necessary. MemeX disclaims responsibility for decisions made based on platform content or third-party recommendations.
2.4. Responsibility for Use
Your use of the MemeX Platform is at your sole discretion and risk. MemeX is not liable for losses resulting from technical disruptions, unauthorized access, or user errors. By continuing to use the platform, you acknowledge and accept these risks.
3. Disclaimer of Responsibility
MemeX is not your broker, agent, intermediary, or advisor, and we do not provide fiduciary or advisory duties in connection with your use of the MemeX Platform or Services. By using our platform, you acknowledge and agree that all decisions regarding digital assets are made at your sole discretion and responsibility.
The information and communications provided by MemeX, including those shared through our platform, are for informational purposes only and should not be interpreted as financial, legal, or investment advice.
You bear full responsibility for determining the appropriateness of any investment, trading strategy, or related activity based on your personal circumstances, including financial goals and risk tolerance. MemeX does not endorse, recommend, or guarantee the performance of any specific digital asset or trading strategy.
Before making any decisions involving digital assets, you should conduct thorough research, evaluate risks, and seek independent professional advice as needed. MemeX shall not be liable for any losses, damages, or liabilities resulting from your decisions to buy, sell, hold, or trade digital assets, even if influenced by content, tools, or communications provided by the MemeX Platform or its Services.
4. Eligibility
4.1.
To access and use the MemeX Platform, you must meet the following eligibility requirements:
Be an individual, corporation, or legal entity with the capacity and authority to:
(i) access and use the MemeX Platform, and
(ii) comply with these Terms, applicable laws, and all referenced policies.
If acting on behalf of an organization, be authorized to legally bind that organization.
Not reside, be incorporated, or operate in jurisdictions where:
(i) the use of the MemeX Platform violates applicable laws, regulations, or sanctions; or
(ii) providing services to you would cause us or any third party to breach such laws, regulations, or sanctions.
Be at least the age of majority in your jurisdiction or at least 18 years old, whichever is higher, to form a binding contract with MemeX. If you are under the age of majority, you may only use the platform under the supervision of a legal guardian who agrees to these Terms.
4.2.
By accessing or using the MemeX Platform, you represent and warrant that you meet these eligibility requirements and that your use of the MemeX Platform does not violate any applicable laws or regulations.
4.3.
We reserve the right to update or modify eligibility criteria at any time, including but not limited to:
Complying with evolving legal or regulatory requirements;
Enhancing user safety, security, or experience; or
Addressing immediate risks, threats, or operational needs.
Where possible, we will provide advance notice of such changes. If advance notice is not feasible, you will be informed as soon as reasonably practicable.
4.4.
MemeX reserves the right to suspend or terminate access to the platform if we determine, in our sole discretion, that:
Your use of the platform poses risks to MemeX, its users, or third parties;
You fail to meet eligibility requirements or violate these Terms; or
Any other valid reason as outlined in these Terms applies.
5. MemeX Platform
5.1.
Access to the MemeX Platform is provided at our sole discretion. MemeX reserves the right to modify, deny, or restrict access to the platform or its features at any time without prior notice or explanation. Access may be revoked for reasons including but not limited to:
Violation of these Terms or applicable laws;
Engagement in activities deemed harmful to the platform, its users, or third parties; or
Operational, technical, or security-related considerations.
5.2.
When using the MemeX Platform, you must ensure that all content you post, upload, or publish complies with the following guidelines. Content must not:
Be abusive, defamatory, obscene, or otherwise offensive;
Promote violence, discrimination, harassment, or hate speech;
Be designed to manipulate markets, spread false or misleading information, or create spam;
Violate any applicable laws, regulations, or third-party rights, including intellectual property rights; or
Contain malware, phishing attempts, or other harmful or deceptive practices.
5.3.
MemeX reserves the right to monitor, remove, or restrict access to any content that violates these Terms, at its sole discretion. Actions MemeX may take include:
Issuing warnings or requesting corrective actions;
Temporarily or permanently suspending your account or access to specific features;
Reporting violations to relevant authorities if required by law.
5.4.
Users are encouraged to report any violations or harmful content encountered on the MemeX Platform. MemeX will review reports promptly and take appropriate action in compliance with these Terms and applicable laws.
5.5.
Repeated or severe violations of this section may result in the permanent termination of your access to the MemeX Platform and any associated accounts.
6. Fees and Payments
Create a token
0 $M
Buy or sell token while on the bonding curve
1% of the total purchase or sale price for each trade (in $M)
When a token graduates from the MemeX platform to EverySwap
10%
In cases where a token that has graduated from the bonding curve is swapped
1.5 (in $M)
Sponsorship
30%
[Notes on Fees]
Graduation Fee:
This is a fixed fee of 10% that includes all applicable network fees and operational costs. This 10% fee is deducted directly from the liquidity of the coin and does not require the user to pay this as an additional amount.
No External Fees:
Note that the MemeX platform does not impose any additional fees outside of those mentioned above. All services are provided within the MemeX ecosystem, and there is no requirement to migrate coins or assets to external platforms.
6.1.
Fees for using the MemeX Platform are outlined in the table above.
6.2.
You agree to pay all applicable fees associated with your activities on the MemeX Platform, as specified in the Fee Table.
6.3.
You authorize us to deduct all applicable fees, commissions, interest, charges, and other sums that you owe from the Wallet that you connect to the MemeX Platform under these Terms.
6.4.
Fee Adjustments: MemeX reserves the right to modify fees periodically. Any changes will be communicated in advance through the platform.
6.5.
Calculations: Any calculations made by MemeX in connection with your use of the MemeX Platform are final and binding on you in the absence of Manifest Error.
7. Records
7.1.
MemeX collects, stores, and processes personal data necessary for your use of the MemeX Platform. This includes, but is not limited to, data required for:
Providing and improving our services;
Enabling your access to and continued use of the platform;
Complying with legal obligations, such as tax, accounting, and anti-money laundering (AML) laws.
7.2.
Your personal data may be retained for the following purposes:
To fulfill contractual obligations under these Terms;
To meet applicable legal, regulatory, or compliance requirements;
To resolve disputes or enforce our rights under these Terms;
To detect, investigate, and prevent fraud or other unauthorized activities.
7.3.
Retention of your personal data will be in accordance with our Privacy Policy, and data will only be retained for as long as necessary to meet the purposes outlined above or as required by applicable law.
7.4.
You have the right to request access, correction, or deletion of your personal data as provided under applicable data protection laws. Details on how to exercise these rights are included in our Privacy Policy.
7.5.
By using the MemeX Platform, you acknowledge and consent to the storage and processing of your personal data in jurisdictions where MemeX or its affiliates operate, which may include locations outside your country of residence. MemeX will take appropriate safeguards to ensure the protection of your data in accordance with applicable privacy laws.
8. Accessing the MemeX Platform
8.1.
To access and use the MemeX Platform, you must have:
The necessary equipment, such as a compatible computer, smartphone, or other device;
Stable internet access with sufficient bandwidth to support platform functionalities; and
Up-to-date software, including a supported browser or application, as specified by MemeX.
8.2.
You may access the MemeX Platform through methods explicitly permitted by us, which may include APIs, bots, or other tools that comply with these Terms and any additional guidelines provided. Unauthorized methods of access, including scraping or reverse engineering, are strictly prohibited and may result in account suspension or legal action.
8.3.
Your access to the MemeX Platform is subject to additional terms, conditions, or policies that we may specify from time to time. These may include:
Restrictions on the use of certain features;
Updates to supported devices or software requirements; and
Compliance with security or operational protocols.
8.4.
You are responsible for maintaining the security of your equipment and internet connection, ensuring that your device is free from malware or unauthorized access. MemeX is not liable for any issues arising from your failure to secure your device or connection.
9. Transactions
9.1.
You acknowledge and agree that if you execute any transaction with improper intent and/or in the case of manifest error, MemeX is authorized by you (without any payment, penalty, or liability owed by MemeX and provided such action complies with applicable laws) to cancel or void such transaction (to the extent possible), take actions deemed appropriate by MemeX, and treat such transaction as if it had never occurred.
9.2.
We may be required under these Terms or applicable laws to share information about your activities on the MemeX Platform with third parties or within the MemeX group. You acknowledge and agree that we are entitled to disclose such information.
10. Submission of Instructions
10.1.
You must ensure that any Instruction submitted is complete and accurate. MemeX is not required to verify the accuracy, authenticity, or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. However, if we are in doubt as to the accuracy, authenticity, or validity of an Instruction, we may refuse to act upon or defer acting upon the Instruction, or seek further information regarding the Instruction.
10.2.
Instructions are irrevocable. Once an Instruction has been submitted, you have no right to rescind or withdraw it without our written consent. Your Instruction is not considered received by us until it has been received by our server. Our records of all Instructions will be conclusive and binding on you for all purposes.
10.3.
By submitting an Instruction, you authorize us to initiate the Transaction. MemeX is therefore authorized to credit or debit (or provide information to third parties for the purposes of crediting or debiting) your Digital Assets from your Wallet in accordance with your Instruction. If your Wallet contains insufficient Digital Assets to complete the Transaction (i.e., less than the required amount to settle the Transaction and associated fees), MemeX reserves the right to refuse to execute the Transaction. MemeX may also refuse to act on Instructions to the extent permitted under these Terms. It is your responsibility to maintain sufficient Digital Assets in your Wallet.
10.4.
You acknowledge that Instructions and information transmitted via the MemeX Platform or email are generally transmitted over the internet and may pass through public or transnational systems that are not specifically secured. MemeX cannot guarantee that such Instructions and information will be fully protected against unauthorized access, and you accept the associated risks.
11. Transactions
11.1.
MemeX does not represent or warrant that any actions you take on the MemeX Platform will be completed successfully or within a specific timeframe.
11.2.
You agree to permit MemeX (but not require MemeX) to retain a record of all Transaction information as long as it is necessary to fulfill its intended purposes or for such other periods as required by Applicable Law.
12. Material Interests and Conflicts
12.1.
You acknowledge and agree that your relationship with MemeX, the services we provide, or any other related matter, does not create any legal, equitable, or fiduciary duties on our part or on the part of any MemeX Affiliate, unless explicitly stated in these Terms. MemeX and its Affiliates may, from time to time, act in multiple capacities and, in doing so, may receive fees or commissions from various users, including you. You accept that MemeX is permitted to operate in such capacities and to provide services or conduct business with you, its Affiliates, or other users as deemed appropriate.
12.2.
You understand and agree that neither MemeX nor any of its Affiliates are obligated to:
take into account any information in their possession that may constitute a material interest;
disclose such information to you; or
utilize such information for your benefit. Furthermore, you acknowledge that MemeX may acquire general market insights in the course of providing access to the MemeX Platform, which it may use as part of its ordinary business operations.
12.3.
MemeX has implemented and maintains robust organizational and administrative measures to identify and manage conflicts of interest between itself, its users, and any relevant third parties. These measures are designed to ensure that conflicts of interest do not adversely impact the interests of users. However, we reserve the right to decline to act on your behalf if a conflict of interest arises that cannot be effectively managed by other means.
13. Transaction Limits
Your activity on the MemeX Platform may be subject to limits determined by MemeX at its sole discretion, which may be adjusted from time to time.
14. Security
14.1.
You are responsible for protecting your hardware and data from potential risks such as viruses, malicious software, or inappropriate content. Except as required by applicable law, you must ensure that your data is backed up and securely stored. MemeX is not liable for any claims or losses resulting from your failure to comply with this clause.
14.2.
You, along with any Permitted Users, must maintain adequate security and control over all information used to access the MemeX Platform. To protect such details, you are required to:
Adhere strictly to any mechanisms or procedures specified by us;
Avoid allowing remote access or sharing your device or screen with anyone while logged into the MemeX Platform; and
Remember that MemeX will never ask for your passwords, two-factor authentication codes, or similar security credentials under any circumstances.
14.3.
It is your responsibility to safeguard access credentials and protect the MemeX Platform from unauthorized access or attacks.
14.4.
You should regularly monitor your activity history to identify and report any unauthorized or suspicious activity on your account. You acknowledge that a security breach may result in unauthorized access to your account, theft, or loss of Digital Assets or funds in your Wallet or associated accounts.
14.5.
If you suspect a security breach, you must:
Notify us immediately and provide accurate and timely updates throughout the duration of the breach;
Take any additional steps reasonably requested by us to mitigate, manage, or report the breach.
14.6.
MemeX reserves the right to request, and you agree to promptly provide, any information or documentation we consider necessary to investigate or resolve an actual or suspected security breach. You also acknowledge and agree that we may share such information with third parties, if required, to address or mitigate the breach.
15. Privacy
15.1.
Our collection and use of personal data in connection with these Terms and your use of the MemeX Platform are governed by our Privacy Notice, which may be updated from time to time. You acknowledge that we may process personal data related to you, either provided by you or collected by us, in connection with these Terms. All personal data will be processed in accordance with the Privacy Notice, which forms part of these Terms.
15.2.
You represent and warrant that:
you have read and understood our Privacy Notice; and
you acknowledge that our Privacy Notice may change as our business evolves. If we provide you with an updated version of the Privacy Notice, you agree to promptly review it.
16. Amending the Terms
16.1.
MemeX reserves the right to make changes to these Terms and any incorporated terms or conditions at any time. Your continued use of the MemeX Platform constitutes your acceptance of such changes. Changes to these Terms will be published on our website and may be communicated to you through other means at our discretion.
16.2.
While we will generally attempt to notify you prior to any changes taking effect, some changes may need to be implemented immediately. In such cases, we will notify you as soon as reasonably possible after the changes take effect. Changes may take immediate effect in circumstances such as:
to comply with legal or regulatory requirements; or
to clarify the Terms.
16.3.
If you do not accept the changes, you must stop using the MemeX Platform. By continuing to use the MemeX Platform after changes are implemented, you agree to be bound by the updated Terms.
16.4.
We may also adjust fees or introduce new fees from time to time. If you do not accept the changes, you must stop using the MemeX Platform. By continuing to use the MemeX Platform, you agree to the updated fee structure.
17. Termination, Suspensions, and Restrictions
17.1.
MemeX reserves the right to modify, suspend, restrict, or permanently discontinue any part of the MemeX Platform at any time without prior notice. Specifically, we may:
Refuse to complete, block, cancel, or, where permitted by Applicable Law, reverse any action initiated by you;
Terminate, suspend, or restrict your access to the MemeX Platform;
Refuse to transmit information or instructions to third parties, such as external Wallet operators; and/or
Take any necessary actions with immediate effect for reasons including but not limited to:
You no longer meet the eligibility requirements outlined in these Terms.
We reasonably suspect that:
The person accessing your Wallet is not you, or your account is being used for fraudulent, illegal, or unauthorized purposes;
The information provided by you is false, incomplete, or outdated.
Concerns arise regarding your financial status or creditworthiness.
Applicable Law, regulatory authorities, or court orders require us to act.
We detect or suspect:
A breach of these Terms;
Unauthorized, fraudulent, or unlawful activity on your account or the MemeX Platform;
Involvement in money laundering, terrorist financing, or other criminal activities.
Your use of the MemeX Platform is linked to pending or ongoing litigation, investigations, or legal proceedings.
You have outstanding payments owed to MemeX.
You attempt to circumvent our security controls or operational protocols without prior written consent.
Any other valid reasons necessitating immediate action.
Reasonable efforts will be made to notify you of such actions unless prohibited by law or deemed inappropriate under the circumstances.
17.2.
You agree that:
The reasons listed in clause 15.1 are non-exhaustive examples, and MemeX may act based on other legitimate grounds; and
Decisions to terminate, suspend, or restrict access to the MemeX Platform may be informed by confidential criteria tied to risk management or security measures. MemeX is under no obligation to disclose these criteria or their specifics to you.
17.3.
If your access to the MemeX Platform is terminated, suspended, or restricted:
Open Instructions or Transactions may be closed, canceled, or voided by MemeX, as appropriate; and
MemeX reserves the right to deduct any applicable fees, costs, or outstanding amounts directly from the assets in the Wallet connected to your account.
17.4.
In cases where MemeX reasonably believes that any Digital Assets in your Wallet are stolen, unlawfully obtained, or misappropriated:
MemeX may immediately terminate or restrict your access to the MemeX Platform.
MemeX will not mediate or intervene in disputes concerning:
(i) Ownership or rightful possession of Digital Assets within your Wallet; or
(ii) Digital Assets created, traded, or managed on the MemeX Platform.
18. MemeX IP
All intellectual property rights, including but not limited to copyrights, trademarks, service marks, patents, trade secrets, and proprietary technology, associated with the MemeX Platform ("MemeX IP") are and shall remain the sole property of MemeX or its affiliates. This includes any enhancements, updates, or derivative works developed in connection with the MemeX Platform.
You acknowledge that:
No ownership rights in the MemeX IP are transferred to you under these Terms; and
Any unauthorized use of the MemeX IP constitutes a violation of these Terms and applicable laws.
19. Licence of MemeX IP
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the MemeX IP, excluding trademarks and logos, solely for personal, non-commercial purposes and in compliance with these Terms. This licence is effective for the duration of your use of the MemeX Platform, provided that your access is not terminated or suspended under these Terms.
19.1. Licence Restrictions
Your use of the MemeX IP is subject to the following restrictions:
You may not copy, modify, distribute, sell, lease, or sublicense any part of the MemeX IP.
You may not reverse-engineer, decompile, or attempt to extract the source code of any software included in the MemeX Platform, except as permitted by law.
You may not use the MemeX IP for commercial purposes without our prior written consent.
You may not use any MemeX trademarks, service marks, or logos without express written authorization.
19.2. Reservation of Rights
MemeX reserves all rights in and to the MemeX IP not expressly granted under these Terms. Any unauthorized use of the MemeX IP may result in termination of your access to the MemeX Platform and potential legal action.
20. Licence of User IP
20.1.
By using the MemeX Platform, you grant MemeX and its affiliates a perpetual, irrevocable, royalty-free, worldwide, and non-exclusive licence to use, reproduce, modify, adapt, publish, distribute, and display your User IP as necessary for the following purposes:
To create or incorporate User IP into any Created IP on the MemeX Platform;
To enable the functionality and operation of the MemeX Platform, including providing services to you and other users; and
To develop, improve, and promote the MemeX Platform and related services.
20.2.
The licence granted under this clause includes the right for MemeX to sublicense User IP to third parties as required to provide or enhance the MemeX Platform or to fulfill legal and regulatory obligations.
20.3.
You represent and warrant that:
You own or have the necessary rights to grant this licence for all User IP you submit to the MemeX Platform; and
Your User IP does not infringe the intellectual property rights or other legal rights of any third party.
21. Created IP
21.1.
All Created IP shall automatically vest in MemeX on the date of its creation.
21.2.
You hereby assign to us (and agree to procure that any agents, representatives, or contractors assign), with full title guarantee, all present and future rights and interests in the Created IP.
21.3.
If requested, you agree to execute all documents and take necessary actions to perfect the assignment under this clause at no charge to us.
22. General
22.1. Acknowledgments
You acknowledge and agree that:
MemeX is not responsible for any User Material (whether provided by you or third parties) that is used, uploaded, or made available on the MemeX Platform. MemeX does not monitor or endorse User Material, and any reliance on such material is at your sole risk.
MemeX makes no warranties, express or implied, regarding the accuracy, quality, legality, or appropriateness of any User Material.
22.2. Content Management and Enforcement
MemeX reserves the right, at its sole discretion, to manage content on the platform. This includes but is not limited to:
Reviewing, removing, modifying, or rejecting any content you submit, post, use, or display on the MemeX Platform (including User Material); and
Taking enforcement actions it deems necessary, which may include:
Issuing warnings;
Removing or restricting access to User Material;
Suspending or terminating your access to the MemeX Platform;
Recovering damages or seeking legal remedies; and
Banning you from future use of the MemeX Platform.
22.3. Recording of Communications
To enhance service quality and ensure compliance with these Terms and applicable laws, you agree that MemeX may record and store communications with you, including but not limited to:
Electronic communications (e.g., emails, chat messages);
Telephone or video calls; and
Other forms of interaction related to your use of the MemeX Platform.
These recordings may be used as evidence, for training purposes, or for operational improvements. By using the MemeX Platform, you consent to such recordings as permitted by law.
22.4. Limitation of Liability for User Material
MemeX is not liable for any claims, damages, or losses resulting from your interaction with User Material. You are solely responsible for verifying the reliability and legality of any material you access or use on the MemeX Platform.
22.5. Reporting Violations
Users are encouraged to report content or behavior that violates these Terms through the reporting tools provided on the MemeX Platform. MemeX will review such reports and take appropriate action as needed.
23. Prohibited Use
23.1.
By accessing or using the MemeX Platform, you agree that you will not:
Violate these Terms, any related agreements, or policies, including our Prohibited Use Policy;
Use the MemeX Platform for unlawful purposes or in a manner that violates applicable laws, regulations, or sanctions;
Exploit the MemeX Platform for unauthorized commercial purposes without prior written consent;
Engage in fraudulent activities, including market manipulation, impersonation, or phishing;
Submit false, misleading, or inaccurate information;
Conduct activities that create disputes, complaints, or financial liabilities for MemeX or other users;
Attempt to access, disrupt, or interfere with the MemeX Platform through unauthorized methods, including automated scripts, bots, or scraping;
Reverse-engineer, decompile, or tamper with any part of the MemeX Platform, except as expressly permitted by law;
Infringe upon intellectual property rights, proprietary rights, or any other legal rights of MemeX or third parties; or
Access or use the MemeX Platform in jurisdictions designated as high-risk or prohibited by MemeX, including those subject to U.S., U.K., EU, or UN sanctions.
23.2.
Violations of this section may result in immediate suspension or termination of your access to the MemeX Platform and, where applicable, referral to law enforcement authorities. MemeX reserves the right to investigate and take appropriate action against prohibited activities.
24. Representations and Warranties
24.1.
By using the MemeX Platform, you represent and warrant that:
Your decisions regarding these Terms are based on your own independent judgment and assessment;
You have the legal authority and capacity to access and use the MemeX Platform and perform your obligations under these Terms;
You have obtained all necessary consents, permissions, or authorizations required for your use of the MemeX Platform;
Any intellectual property, content, or materials uploaded or shared by you on the MemeX Platform are either owned by you or used with proper authorization;
These Terms constitute valid, binding, and enforceable obligations for you;
If you are a legal entity, you are duly incorporated, validly existing, and in good standing under applicable laws; and
Your actions and activities on the MemeX Platform will comply with all applicable laws, agreements, and obligations.
24.2.
You agree to notify MemeX promptly if any of the representations or warranties in this section are no longer accurate or valid.
25. Technology Disclaimers
25.1.
The MemeX Platform is provided on an “as is” and “as available” basis, without any warranties or representations of any kind, express or implied, to the fullest extent permitted by Applicable Law. This includes, but is not limited to:
Implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement;
Warranties regarding the uninterrupted, timely, secure, or error-free operation of the MemeX Platform; and
Warranties that the content or services provided will meet your expectations or requirements.
You acknowledge that access to the MemeX Platform may be temporarily unavailable or delayed due to factors beyond our control, including but not limited to internet disruptions, technical malfunctions, or maintenance activities.
25.2.
We reserve the right to suspend or limit access to the MemeX Platform at any time for scheduled or emergency maintenance, upgrades, or other operational reasons. While we strive to minimize disruptions, MemeX makes no guarantees regarding:
The availability or accessibility of the platform during these periods; and
The timeliness or successful processing of transactions, which may be affected by external factors such as blockchain network congestion or third-party service issues.
25.3.
MemeX endeavors to provide accurate and up-to-date information on the platform but does not warrant or guarantee the completeness, accuracy, or currency of such information. You acknowledge that:
Information provided on the MemeX Platform may be subject to change without notice; and
MemeX is not liable for any inaccuracies, errors, or omissions in the platform content.
25.4.
The MemeX Platform may contain links to third-party websites, services, or content. These links are provided for your convenience, and MemeX does not endorse or assume responsibility for:
The accuracy, reliability, or legality of third-party content; or
Any damages or losses incurred as a result of your interaction with third-party websites or services.
You agree to access third-party websites at your own risk.
25.5.
To use the MemeX Platform, you are responsible for:
Ensuring you have access to a reliable data network and maintaining compatible hardware or devices required for platform access; and
Updating your hardware, devices, and software as necessary to accommodate changes or updates to the platform.
MemeX does not guarantee:
The compatibility of the platform with specific hardware or operating systems; or
That the platform will operate without interruptions, malfunctions, or delays inherent to internet and electronic communications.
25.6.
MemeX is not responsible for any issues arising from your failure to:
Maintain secure and updated devices or software; or
Protect your access credentials from unauthorized use or breaches.
Key Enhancements:
Expanded Scope of Warranties: Detailed exclusions of implied warranties and potential service disruptions.
Clarification of Maintenance: Addressed scheduled and emergency maintenance with specifics about impact on accessibility.
Third-Party Links: Expanded disclaimers on liability for third-party content.
User Responsibilities: Emphasized user responsibility for ensuring compatibility and maintaining secure devices.
Industry Language: Included standard legal language inspired by X’s document for clarity and enforceability.
26. Indemnity
26.1.
You agree to indemnify and hold MemeX, its affiliates, officers, directors, employees, agents, and contractors harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations initiated by third parties, governmental authorities, or industry bodies, and all associated liabilities, damages (both actual and consequential), losses, costs, and expenses, including reasonable legal and professional fees (“Losses”), arising directly or indirectly from:
Your access to or use of the MemeX Platform;
Your breach of these Terms or contravention of any related agreements, policies, or applicable laws;
Your violation of any applicable laws, regulations, or rights of third parties; and
Your infringement or alleged infringement of any intellectual property, proprietary, or legal rights of third parties.
26.2.
You agree to cooperate fully with MemeX in the defense of any claims, and MemeX reserves the right, at its own expense, to assume exclusive control of any matter subject to indemnification by you. You shall not settle or compromise any claim without MemeX’s prior written consent.
26.3.
You release MemeX from all claims, demands, and liabilities arising from disputes with other users or third parties related to your use of the MemeX Platform, unless such claims are caused by MemeX’s willful misconduct or actual fraud.
27. Liability
27.1.
MemeX and its affiliates shall not be liable for any losses, damages, or claims incurred by you or third parties, except where such losses are solely and directly caused by MemeX’s willful misconduct or proven fraud.
27.2.
In no event shall MemeX’s total liability to you exceed the amount of fees paid by you to MemeX for the specific transaction giving rise to the alleged claim.
27.3.
You acknowledge that monetary damages are an adequate remedy for any loss or harm arising from these Terms, and you waive any rights to equitable relief, including injunctions or specific performance, except as expressly permitted under applicable law.
27.4.
MemeX and its affiliates shall not be held liable for:
Indirect, incidental, or consequential damages, including loss of profits, revenue, business opportunities, or data;
Interruptions, delays, or failures in the operation of the MemeX Platform, including those resulting from maintenance, technical issues, or external factors;
Security breaches involving your connected Wallet or personal devices;
Losses arising from third-party actions, including fraud, scams, or unauthorized transactions;
Errors or inaccuracies in digital asset pricing or transaction data;
Malfunctions or disruptions caused by hardware, software, internet outages, or other technical issues; or
Losses caused by market volatility, new asset offerings, or transaction cancellations.
27.5.
MemeX disclaims liability for damages arising from phishing, malware, or other cyberattacks. You are solely responsible for:
Ensuring your devices are equipped with updated security software; and
Reviewing communications carefully to avoid spoofing, scams, or phishing attempts.
27.6.
This limitation of liability applies to the fullest extent permitted by law and survives the termination of your use of the MemeX Platform.
28. Governing Law
Unless otherwise required by Applicable Law, these Terms, including this arbitration agreement, are governed by and construed in accordance with the laws of the British Virgin Islands (BVI). Any disputes arising from or related to these Terms, including their enforcement, interpretation, or breach, shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.
29. Dispute Resolution
29.1. Initial Resolution Process
If you have concerns with the MemeX Platform or Services, you must first contact MemeX Customer Support. We will attempt to address your concerns through informal resolution. Both parties agree to negotiate in good faith for a period of 30 days to resolve the dispute amicably. Discussions during this period are confidential and may not be used as evidence in arbitration or legal proceedings.
29.2. Notice of Claim
If the dispute cannot be resolved through the Initial Resolution Process and you wish to assert a claim against MemeX, you are required to submit a written Notice of Claim, which must include:
A detailed description of the nature and basis of the dispute;
The specific relief sought; and
Your Wallet reference or account identification details.
The Notice of Claim must be sent to MemeX via the designated contact method provided in these Terms. MemeX will acknowledge receipt of the Notice and may initiate further discussion or propose resolution options before proceeding to arbitration.
29.3. Arbitration Requirement
Submitting a valid Notice of Claim and completing the Initial Resolution Process are prerequisites to commencing arbitration or legal proceedings. Claims that bypass this process may be dismissed or delayed.
29.4. Arbitration Process
Unless otherwise required by Applicable Law, all claims arising out of or relating to these Terms shall be resolved through final and binding arbitration. The following provisions apply:
The arbitration shall be administered by the BVI International Arbitration Centre (BVI IAC) in accordance with its Arbitration Rules. These rules are incorporated into this clause by reference.
The seat of arbitration shall be the British Virgin Islands (BVI), and the proceedings shall be conducted in English.
The arbitration tribunal shall consist of a single arbitrator, appointed in accordance with the BVI IAC Arbitration Rules.
29.5. Arbitrator’s Jurisdiction
The appointed arbitrator shall have the exclusive authority to determine their own jurisdiction, including disputes regarding the existence, scope, validity, or arbitrability of this arbitration agreement.
29.6. Limitation Period
Arbitration must be initiated by serving a Notice of Arbitration within one year from the date the Claim arose or reasonably should have been discovered. This includes the 30-day negotiation period outlined in clause 27.1. Claims not initiated within this period are permanently barred unless a longer period is required by Applicable Law.
29.7. Confidentiality
All arbitration proceedings and related information, including the existence of the arbitration, the nature of the Claim, and any associated awards, shall remain strictly confidential. Disclosure is only permitted under the following circumstances:
With the prior written consent of the other party;
As required by law, regulation, or a competent authority;
To enforce or challenge the arbitration award in a court of competent jurisdiction; or
If the information becomes public through no fault of the disclosing party.
These confidentiality obligations shall survive the termination of these Terms and the conclusion of the arbitration process.
29.8. Costs of Arbitration
The costs of arbitration, including administrative fees and arbitrator fees, shall be allocated as determined by the arbitrator, unless otherwise agreed by the parties in writing.
29.9. No Class Action or Consolidated Proceedings
You agree that all claims must be brought on an individual basis, and not as part of any class, collective, or consolidated action. Claims of multiple users cannot be combined or adjudicated together.
30. Class Action Waiver
30.1.
You and MemeX agree that any and all Claims shall be resolved exclusively through individual arbitration, as outlined in the Dispute Resolution clause, and not as part of a class, collective, or representative action. This means that:
Claims brought by multiple users cannot be consolidated or adjudicated together; and
No Claim may be made on behalf of or against a class or group of users.
30.2.
By agreeing to these Terms, you expressly waive any right to bring or participate in any class, collective, or representative action against MemeX, whether in arbitration, court, or any other forum, to the fullest extent permitted by Applicable Law.
30.3.
If this waiver is found to be unenforceable under Applicable Law in a specific case:
The unenforceable provision shall not affect the enforceability of the remaining provisions of the Terms; and
Any class, collective, or representative Claim must proceed in a court of competent jurisdiction, and not in arbitration.
31. Contact
31.1.
If you have any questions, feedback, or complaints, please contact us via our Support team at: Contact us at our official email
31.2.
We may contact you using the contact information you provided or by other reasonable means, such as direct messaging on X (formerly known as Twitter).
32. General Terms
32.1 Compliance with Laws
When using the MemeX Platform, you must comply with all Applicable Laws, including but not limited to data privacy, anti-money laundering (AML), and counter-terrorism financing (CTF) regulations. Non-compliance may result in termination of your access to the MemeX Platform.
32.2 Communication
MemeX may send important notices to you via email, Telegram, or direct messages on social media. Notices will be considered delivered even if you do not receive or review them due to delivery issues.
You can contact us as directed on the Platform, but communication must be in English and authorized according to these Terms.
32.3 Updates and Announcements
All official announcements, updates, and news will be posted on the official MemeX account on X (formerly Twitter) or other official channels. It is your responsibility to stay informed, as such updates may affect your use of the Platform or the security of your Digital Assets.
32.4 Entire Agreement
These Terms constitute the entire agreement between you and MemeX regarding your use of the MemeX Platform. Any prior promises, representations, or understandings not explicitly mentioned herein are superseded by these Terms.
32.5 Transfer of Rights
You may not transfer your rights or obligations under these Terms without prior written consent from MemeX.
MemeX reserves the right to transfer or assign its rights and obligations under these Terms without restriction, including in the event of a merger, acquisition, or corporate restructuring.
32.6 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
32.7 Recordings
We may record communications (e.g., emails, video calls, chats) for training, dispute resolution, compliance, or security purposes. All recordings are the sole property of MemeX.
32.8 Governing Language
These Terms are provided in English. If translations are provided, the English version will prevail in case of any discrepancies.
32.9 Exclusive Application
These Terms apply exclusively to the relationship between you and MemeX. No third party shall have any rights under these Terms.
32.10 Continuing Obligations
Certain provisions of these Terms (e.g., indemnity, liability, and intellectual property rights) will survive the termination of your use of the MemeX Platform.
32.11 Independent Relationship
Your use of the MemeX Platform does not create any agency, partnership, or joint venture relationship between you and MemeX.
32.12 Force Majeure
MemeX is not liable for any delays or failures caused by events beyond our control, including natural disasters, cyberattacks, or government actions.
32.13 No Waiver
Failure by MemeX to enforce any provision of these Terms does not constitute a waiver of our rights to enforce such provisions in the future.
32.14 Offset of Balances
MemeX reserves the right to offset any amounts you owe us against amounts we may owe you. Payments owed to MemeX must be made in full, without deductions unless legally required.
32.15 User Privacy and Confidentiality
If you access or encounter another user’s personal information through the MemeX Platform, you must handle it confidentially and only for purposes authorized by these Terms and Applicable Law.
32.16 Breaches and Enforcement
MemeX reserves the right to disclose information regarding your breach of these Terms to law enforcement, regulatory authorities, or affected parties, as permitted by law, to protect other users or the Platform.
32.17 Taxes
You are solely responsible for determining and fulfilling any tax obligations arising from your use of the MemeX Platform. MemeX does not provide tax advice or manage tax-related reporting on your behalf.
33. Definitions and Interpretation
33.1 Reading and Interpretation
Headings and numbering are for convenience only and do not affect the meaning or interpretation of these Terms.
Words like “include” or “including” mean “including without limitation.”
Singular words include the plural and vice versa, and references to one gender include all genders.
References to documents mean the latest version of those documents, as amended or updated over time.
33.2 Document Precedence
In case of inconsistencies, the following documents take precedence in this order:
Privacy Policy
These Terms
33.3 Key Definitions
Activity History: Records of your actions or transactions on the MemeX Platform.
Applicable Law: All relevant laws, regulations, or rules that apply to the MemeX Platform.
Backed Digital Assets: Digital assets linked to other assets, such as fiat currencies, commodities, or other digital assets.
Claim: Any dispute or legal issue arising between you and MemeX or its affiliates.
Control: Ownership or influence over 50% or more of an entity’s shares or voting rights.
Created IP: Intellectual property developed using MemeX tools, excluding pre-existing user IP.
Digital Assets: Cryptocurrencies, tokens, NFTs, and similar digital representations of value.
Improper Intent: Actions such as market manipulation or exploiting platform vulnerabilities.
Instruction: Any command or request submitted on the MemeX Platform for transactions or other actions.
Intellectual Property Rights: Rights related to creations protected by copyright, trademark, patent, or trade secret laws.
List of Prohibited Countries: Regions where access to the MemeX Platform is restricted due to legal or regulatory risks (e.g., sanctioned jurisdictions).
Manifest Error: Obvious or apparent errors, such as incorrect pricing or technical inaccuracies.
Network Event: Disruptions to blockchain networks affecting platform functionality.
Privacy Policy: MemeX’s data privacy policy, available on the official website.
Security Breach: Unauthorized access or attack on MemeX’s systems or user accounts.
Terms: This document and related agreements.
Trade Marks: Logos, symbols, or branding associated with MemeX.
Transaction: Activities such as buying, selling, or creating digital assets on the MemeX Platform.
User IP: Intellectual property you own, excluding content or tools provided by MemeX.
User Materials: Content uploaded or submitted by users, such as comments or media.
Website: MemeX’s official website at https://app.memex.xyz.