TERMS OF USE
Last Updated: 08.26.2024
INTRODUCTION

Mercado Global Inc. (“Mercado” or “we”) welcomes you to use our website mercado.global and the related products with their separate domain names (together the “Service”). These Terms of Use (“Terms”) describe the terms and conditions that govern your use of or access to our Service. The Terms constitute an agreement between you and us, so please read these Terms carefully.
Your use of the Service, all information on the Service (“Content”), and any services or items obtained through the Service is at your own risk. Before accessing the Service, please make sure that you’ve read and understood the DISCLOSURES section of these Terms.
By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy https://mercado.global/privacy-policy, End User License Agreement, and the other rules provided with the Service. If you do not accept or understand the Terms, please do not use or access the Service.
Changes to the TermsThe Terms can be updated from time to time. Please check back periodically for the latest version of the Terms. If there are any significant changes made to the Terms, we will notify you. Your use of the Service following any changes to these Terms constitutes your acceptance of any such changes.

YOUR USE OF THE SERVICE

Eligibility and Requirements for Registration
You must be at least 18 years old and have confirmed that You meet the standard of “accredited investor” or other applicable standard, to access, use, or register with the Service. This is a mandatory requirement for registration and use of the Service.
All users must successfully undergo a KYC/AML check before becoming a user of the Service (“User”). The Service reserves the right to request additional information at any time to ensure compliance with our KYC/AML regulations.
We are committed to maintaining the confidentiality of all user information and handling all data in accordance with our Privacy Policy and applicable data protection laws. Failure to provide the required certification and documentation will result in a delay in account activation and may result in the denial of access to the Service.
For more information on our KYC/AML regulations, please visit our policy page https://mercado.global/privacy-policy

Your Account and Your Information
You have to create an account and successfully pass a KYC/AML check in order to access the Service. Each User will have their own version of the Service through API and a separate domain.
You must protect any passwords or other credentials associated with your account in the Service and take full responsibility for any use of the account under your password. You agree to notify us of any breach of security or unauthorized use of your account.
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

License to Use the Service
Subject to the terms of the End User License Agreement we grant you a limited, non-exclusive, non-transferable, non-assignable license to access and make personal and non-commercial use of the downloadable software included in the Service. You are not allowed to resell or commercially use any part of the Service or its contents and materials.

DISCLOSURES

General Disclosures
Content is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any Content on the Service. The Service does not provide advice, including but not limited to any advice tailored to the individual needs of specific clients. The Service does not provide advice about market trends, asset allocation, the advantages or disadvantages of investing in securities or any other type of investments, or selective lists of securities to buy or sell. The Service provides Content and tools for Users to use to find, research, organize, and display data to be incorporated into their own decision-making processes. Neither the Service nor the Content, nor any materials generated through use of the Service, constitute or shall be construed as an offer to buy or sell, as a solicitation of an offer to buy or sell, or as a recommendation to buy, sell, hold or trade, any security or other financial instrument.
To the extent the Service or any Content includes access to third-party research reports, commentary, analyst expectations/forecasts, and similar material, we are merely making this content available to you. Such Content is general in nature and is not advice suitable for the individual needs of specific clients or investors.
Mercado Global will make commercially reasonable attempts to reject or delete data and information (available through the Service) if Mercado Global has (i) actual knowledge that such data is materially inaccurate and (ii) has both a reasonable opportunity and technical capacity to reject or delete such data and information. However, Mercado Global does not independently verify, and offers no assurance, as to the accuracy of data or any information made available through the Service.

TO THE FULLEST EXTENT PROVIDED BY LAW, MERCADO GLOBAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Professional Disclaimer
The Service cannot and does not contain financial advice. The financial information and Content are provided for general informational and educational purposes only and are not a substitute for professional advice. Accordingly, before taking any actions based upon such information or any Content, we encourage you to consult with the appropriate professionals. We do not provide any kind of financial advice.

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SERVICE IS SOLELY AT YOUR OWN RISK.
ANY TRADING IN SECURITIES OR OTHER INVESTMENTS INVOLVES A RISK OF SUBSTANTIAL LOSSES. BEFORE MAKING ANY INVESTMENTS, YOU SHOULD CONSULT A QUALIFIED FINANCIAL PROFESSIONAL. PLEASE CONSIDER CAREFULLY WHETHER SUCH TRADING OR INVESTMENT ACTIVITY IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION AND ABILITY TO BEAR FINANCIAL RISKS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE YOU OR ANYONE ELSE INCURS AS A RESULT OF ANY TRADING OR INVESTMENT ACTIVITY THAT YOU OR ANYONE ELSE ENGAGES IN BASED ON ANY INFORMATION OR MATERIAL YOU RECEIVE THROUGH THE SERVICE.

Registration Disclaimer
Neither the U.S. Securities and Exchange Commission nor the securities regulatory authority or body of any state or any other jurisdiction has registered Mercado Global as an investment adviser, broker-dealer, or in any other capacity. Furthermore, Mercado Global does not purport to provide investment advice or make investment recommendations by or through the Content published on the Service or otherwise.
Users may conduct, and organize their own, investment research using the Service and the Content, but Mercado Global clarifies that these actions should only be an element of any complete analysis leading up to a decision to make any investment; and other uses of, and singular reliance on, the Service and the Content are expressly disclaimed and prohibited by our Terms.
If you have engaged an investment adviser that is using our Service or Content, we have no responsibility for ensuring that such adviser or other party is appropriately registered or licensed to provide such investment advice or make such recommendations to you or that they are appropriately using the Content.

Securities Products and Investment Risk
By accessing and using the Service you may gain access to information about certain unregistered private securities products. Users of the Service will be able to create listings to sell, and bids to buy, such products. Investing in unregistered private securities is highly speculative involving a high degree of risk. Unregistered private securities are inherently illiquid and there is no guarantee that a market will be available for them. Accordingly, investment in these securities is appropriate only for those investors who can tolerate a high degree of risk, can withstand a total loss of investment, and do not require liquidity of their investment.

NOTHING ON THE SERVICE SHOULD BE CONSIDERED BY YOU TO BE A “RECOMMENDATION” TO INVEST IN ANY SECURITY, OR TO BUY OR SELL UNREGISTERED SECURITIES GENERALLY.

Notice and Disclaimer to Persons Giving Investment Advice
Please note that if you are an investment adviser or other party who or that provides investment advice to others, or makes investment decisions on behalf of others, you are solely responsible for your use of the information obtained through the Content and guidance given based on the Service and Content.

Jurisdiction
We are based in the United States and the Service is provided from the United States. We make no representation or warranty that a Service or the Content are appropriate or available for use in other locations. If you use the Service from a jurisdiction other than the United States, you agree to do so at your own risk, and you are responsible for complying with any and all local laws applicable to your use of the Service.

USER CONTENT

You own all data, information, photos, text, and other materials that you upload, post, provide, develop, operate, or display in the Service (“User Content”). You agree that your User Content will not violate any applicable law or any third-party rights.
We do not take any ownership rights in the User Content.

PROHIBITED ACTIVITIES

The following restrictions apply to your use of the Service. You are not allowed to:
  • copy, alter, modify, display, or otherwise create derivative works of the Service;
  • disassemble, decompile, reverse-engineer, or derive the source code of the Service;
  • interfere with or disrupt the Service;
  • transmit viruses, malware, or other malicious software;
  • attempt to gain unauthorized access to the Service;
  • sell, rent, transfer, or otherwise assign any rights to the Service to any third party;
  • make access to your account available to multiple users;
  • upload, post, or transmit any content which is defamatory, fraudulent, false, harassing, harmful to reputation, or infringing the privacy rights of any other person;
  • upload, post, or transmit any content which is abusive, pornographic, indecent, profane, obscene, hateful, libelous, illegal, or violative of third-party rights; or
  • access or use the Service in violation of any applicable local or international laws.
We reserve our right to remove from the Service any content that violates these restrictions or to suspend or terminate your account for violation of these Terms.

FEES AND PAYMENT

Service is provided on the basis of a paid subscription (“Paid Plan”). If you purchase access to a Paid Plan, you agree to pay a fee on a yearly basis or at some other recurring interval. Payment of fees shall be made via individual invoices using a payment method accepted by the Service. You agree to provide accurate and complete payment information and authorize us to charge the applicable fees to the provided payment method.
If you purchase a Paid Plan, we may charge you on a recurring basis until you cancel your Paid Plan. You may cancel your Paid Plan at any time; however, all already paid fees are non-refundable. The cancellation will take effect the day after the last day of the current subscription period.
We may, at its sole discretion, offer a free trial period for the Paid Plan, we will make such Paid Plan available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period; (b) the start date of any Paid Plan purchased by you; or (c) termination of the trial by us in our sole discretion. Trial terms and conditions will be agreed upon with the individual User. Any such additional terms and conditions are incorporated into these Terms by reference and are legally binding.
At the request of the User, the Service may provide individual services and customization to the User’s version of the Service. Any such services shall be invoiced separately from the Paid Plan, and the terms, conditions, and pricing for such services shall be agreed upon in writing by the parties.
We may add new features for additional fees or change pricing at any time. We will communicate any price changes to you in advance. By accessing or using the Service, you agree to the new pricing.

INTELLECTUAL PROPERTY

All rights, including any copyright, patent, trade secret, or other intellectual property rights in the Service, will remain our sole property.

COPYRIGHT COMPLAINT

If you believe that your copyrights have been infringed in any way, please send us a complaint at sales@mercado.global with “Copyright” in the subject line.

UPDATES TO THE SERVICE

We may issue updates or upgrades to the Service and disable access to the Service for any period of time or permanently. The Service is subject to scheduled and unscheduled service interruptions.
You consent to automatic updates or upgrades of the version of the Service that you are using on your device to a new version.
You agree that we will not be liable to you for any interruption of the Service.

PRIVACY

Our Privacy Policy https://mercado.global/privacy-policy explains how we collect, use, and protect your personal data.
When you collect or transmit any personal data through the Service, you must follow all laws and obtain all permissions from each data source to transmit such data through the Services. You agree not to:
  • use a username that is the name of another person with the intent of impersonating that person;
  • provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission;
  • engage in unauthorized collection of users’ information or access the Service by automated means, including bots or scrapers; or
  • reveal any personal data related to another user, including address, phone number, email, credit card number, or any information that may otherwise identify another user.

GENERAL TERMS

Links to Third-Party Websites
The Service may contain links to websites owned by third parties. Such links are provided for informational purposes only. We are not responsible for any third-party websites or their content.

Limitation of Liability
The Service is provided to you “as is.” We make no warranty of completeness, accuracy, availability, timeliness, security, or reliability of the Service or any Content. We will not be liable for any damages, including loss of profits, loss of data, or other losses resulting from:
  • any interruption of the Service;
  • any content of any third party on the Service, including any defamatory, offensive, or illegal conduct of other users or third parties;
  • any content obtained from the Service; or
  • unauthorized access, use, or alteration of any material or Content.

Indemnity
You agree to defend, indemnify, and hold us harmless from any claim, losses, obligations, damages, or expenses arising from your use of or access to the Service, your breach of these Terms, or your violation of any law or the rights of a third party. This term will continue to be effective even if you have stopped using the Service.

Governing Law and Resolution of Disputes
All claims relating to these Terms or the Service will be governed by the law of Delaware, excluding its conflict-of-laws rules. Any claim will be resolved by the American Arbitration Association or JAMS in accordance with its rules.
You agree that any cause of action arising out of or related to the Service must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Consent to Electronic Communications

By using our Service, you agree to receive all communications from us and our affiliates electronically instead of in paper form. This includes documents, agreements, terms, statements, notices, disclosures, and any other information related to your relationship with us.

What You Agree To:
  • Electronic Delivery: You agree that we can send you all communications electronically. This may include emails to the address linked to your account, or messages posted on еру Service.
  • Electronic Signatures: You consent to using electronic signatures for all agreements and transactions with us. Please see our Privacy Policy for more information.
  • Notice and Records: You accept that receiving communications electronically counts as proper notice and satisfies any legal requirements to provide such communications in writing. You are responsible for ensuring you have the necessary devices and internet access to view and retain these electronic communications for your records.

How to Opt-Out:
If you have a legal right to receive any document in paper form, you can opt-out of electronic delivery for that document by contacting us at sales@mercado.global. We will process your request, but it will only be effective once we have had reasonable time to do so.

TERM AND TERMINATION

You may stop using the Service or delete your account at any time.
We reserve the right to discontinue the Service at any time without notice. We may also terminate or suspend your access to the Service without notice if (a) you violate these Terms or (b) we are required to do so to comply with a legal requirement or court order.

CONTACT INFORMATION

If you have any questions about these Terms, you can contact us at sales@mercado.global.