These Terms of Access & Use (the “Terms”) form a binding legal agreement between you (“you,” the “User”) and the operator of the {MC} Terminal (the “Operator,” “we,” “us,” or “our”). They govern your access to and use of the {MC} Terminal, together with all of its pages, features, content, tools, analytics, communications, and related services (collectively, the “Terminal”). Please read them carefully.
By requesting access to, accessing, signing into, or otherwise using the Terminal in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by any policies or notices referenced in them, including our Privacy Notice. If you do not agree to these Terms in full, you must not access or use the Terminal. If you access or use the Terminal on behalf of any organisation, you represent and warrant that you have authority to bind that organisation, and “you” refers to both you and that organisation.
“Content” means any and all information, data, figures, charts, indicators, scores, signals, models, commentary, text, analytics, outputs, software, designs, and other materials made available through or generated by the Terminal. “Credentials” means any access key, invitation, username, password, token, or other authentication method associated with your access. “Account” means the access granted to you to use the Terminal. Words importing the singular include the plural and vice versa.
The Terminal is a private, closed-access research and analytics environment made available at the Operator’s sole and absolute discretion to a limited number of invited persons. All Content is provided for general informational and educational purposes only. The Terminal is not a broker, dealer, exchange, custodian, money-services business, investment adviser, financial adviser, or fiduciary of any kind, and nothing in the Terminal creates any such relationship. We do not solicit, receive, hold, manage, or transmit any User funds, assets, or orders.
Access is by invitation only and is granted, withheld, conditioned, limited, suspended, or revoked at the Operator’s sole and absolute discretion, at any time and for any reason or no reason, with or without notice. Access is personal, non-exclusive, non-transferable, non-sublicensable, and revocable. You represent and warrant that: (a) you are at least eighteen (18) years of age and of full legal capacity; (b) you are permitted by all laws applicable to you to access and use the Terminal; and (c) all information you provide to us is true, accurate, current, and complete, and you will keep it so.
You are solely responsible for maintaining the confidentiality and security of your Credentials and for all activity that occurs under your Account, whether or not authorised by you. You must not share, disclose, sell, lend, or transfer your Credentials or access to any other person. You must notify the Operator immediately upon becoming aware of any unauthorised use, loss, or compromise of your Credentials or Account. The Operator is not liable for any loss or damage arising from your failure to comply with this section.
Subject to your continuous compliance with these Terms, the Operator grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Terminal and its Content solely for your own lawful, personal, internal purposes. This licence confers no ownership. All rights not expressly granted are reserved by the Operator.
You agree that you will not, and will not permit or assist any third party to:
Any breach of this section may result in immediate suspension or termination of your access and may give rise to civil and/or criminal liability.
The Terminal and all Content, and all intellectual property and proprietary rights in and to them — including all copyrights, trade marks, trade names, service marks, database rights, design rights, know-how, methodologies, and trade secrets — are and remain the exclusive property of the Operator or its licensors, and are protected by applicable intellectual-property and other laws. The “{MC} Terminal” name, logo, and lockup are marks of the Operator. Nothing in these Terms transfers any such rights to you.
If you submit any suggestion, idea, request, or other feedback regarding the Terminal, you grant the Operator a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable licence to use, reproduce, modify, and exploit that feedback for any purpose, without any obligation, attribution, or compensation to you.
Nothing made available through the Terminal constitutes, or is intended to constitute, financial, investment, trading, legal, accounting, tax, or any other professional advice, nor an offer, solicitation, recommendation, endorsement, or inducement to buy, sell, hold, or enter into any transaction in any security, digital asset, commodity, derivative, or other instrument. The Content is general in nature, does not take into account your objectives, financial situation, or particular needs, and makes no representation that any asset, strategy, or transaction is suitable or appropriate for you. You are solely and exclusively responsible for evaluating the merits and risks of any decision you make. Before acting on any information, you should obtain independent financial, legal, and tax advice from appropriately qualified and licensed professionals. Any reliance you place on the Content is strictly at your own risk.
You acknowledge and accept that trading and investing — and dealing in digital assets and other markets in particular — involve a high degree of risk, are highly volatile and speculative, and may result in the partial or total loss of any capital deployed. Past performance, hypothetical performance, and any modelled, projected, or illustrative outcome are not indicative of and do not guarantee future results. You assume all such risks entirely and agree that the Operator bears no responsibility for any loss, whatsoever and howsoever arising, in connection with any decision made by you.
The Terminal and all Content are provided “as is” and “as available,” with all faults and without warranty, condition, or representation of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, the Operator disclaims all warranties and conditions, including any implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, timeliness, reliability, availability, and non-infringement. The Operator does not warrant that the Terminal or any Content will be accurate, complete, current, error-free, uninterrupted, secure, or free of harmful components, or that any defect will be corrected. Information may be incomplete, delayed, out of date, or inaccurate, and must not be relied upon as a complete or accurate statement of any matter.
The Operator may modify, suspend, discontinue, restrict, or withdraw the Terminal, any Content, or any feature, in whole or in part, at any time, with or without notice, and without liability to you. The Operator does not guarantee that the Terminal will be available at any particular time or at all, and access may be interrupted for maintenance, updates, security, or reasons beyond the Operator’s control.
To the fullest extent permitted by applicable law, in no event will the Operator, or any of its affiliates, licensors, or personnel, be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, or for any trading, investment, or financial losses, arising out of or in connection with these Terms, the Terminal, or any Content, whether based in contract, tort (including negligence), strict liability, statute, or any other theory, and whether or not the Operator has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, the Operator’s total aggregate liability arising out of or relating to these Terms, the Terminal, and the Content will not exceed the greater of the total amounts actually paid by you to the Operator for access during the three (3) months immediately preceding the event giving rise to the claim, or one hundred United States dollars (US$100). The foregoing limitations apply notwithstanding the failure of essential purpose of any limited remedy. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
You agree to defend, indemnify, and hold harmless the Operator and its affiliates, licensors, and personnel from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your access to or use of the Terminal or any Content; (b) your breach of these Terms or of any applicable law; (c) any decision, transaction, or activity you undertake; or (d) your violation of the rights of any third party.
The Terminal may reference, incorporate, aggregate, or link to materials, information, or resources that originate from, or are attributable to, persons other than the Operator. The Operator does not endorse, adopt, verify, or assume any responsibility for any such materials, and makes no representation or warranty regarding them. Your use of any third-party material is at your own risk and may be subject to separate terms.
Where access to the Terminal is provided on a paid basis, the applicable fees, billing terms, and conditions will be communicated to you at the time of, or in connection with, your invitation or subscription. Unless expressly stated otherwise in writing, all fees are non-refundable, are exclusive of taxes (for which you are responsible), and are payable in advance. Non-payment may result in suspension or termination of access. The Operator may change its fees prospectively upon reasonable notice.
The Terminal and its Content are confidential and proprietary to the Operator. You agree to keep the existence, nature, and contents of the Terminal confidential, to use them solely as permitted by these Terms, and not to disclose them to any third party without the Operator’s prior written consent, except to the extent required by law (in which case you will, where lawful, give the Operator prompt prior notice).
By using the Terminal or providing us with contact details, you consent to receive communications from us electronically, including by email and through the Terminal, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
The Operator may suspend or terminate your access to the Terminal at any time, with or without cause and with or without notice. You may stop using the Terminal at any time. Upon any termination, all rights and licences granted to you cease immediately, and you must cease all use of the Terminal and Content. Sections that by their nature should survive termination — including those concerning intellectual property, disclaimers, limitation of liability, indemnification, confidentiality, governing law, and general provisions — will survive.
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, their subject matter, or their formation, are governed by, and will be construed in accordance with, the laws applicable in the Operator’s principal place of business, without regard to its conflict-of-laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. You submit to the exclusive jurisdiction of the competent courts of that place for the resolution of any such dispute, subject to the section below.
Before commencing any formal proceeding, you agree to first contact the Operator and attempt in good faith to resolve any dispute informally for a period of at least thirty (30) days. To the fullest extent permitted by applicable law, you and the Operator each waive any right to a trial by jury and agree that any dispute will be resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Any claim you may have arising out of or relating to these Terms or the Terminal must be filed within one (1) year after the claim arose, failing which it is permanently barred, to the extent permitted by law.
The Operator will not be liable for any failure or delay in performance to the extent caused by any event beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, labour disputes, power or network failures, or failures of third-party services or infrastructure.
These Terms, together with our Privacy Notice and any additional terms presented to you, constitute the entire agreement between you and the Operator regarding the Terminal and supersede all prior or contemporaneous understandings. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in full force and effect. No waiver of any provision will be effective unless in writing, and no failure or delay in exercising any right operates as a waiver. You may not assign or transfer these Terms or any rights under them without the Operator’s prior written consent; the Operator may freely assign these Terms. Headings are for convenience only. There are no third-party beneficiaries to these Terms. The Operator may revise these Terms at any time by posting an updated version; your continued use of the Terminal after any revision constitutes acceptance of the revised Terms.
Questions about these Terms may be directed to the Operator through the Terminal or by replying to any correspondence you receive from us.