Last Updated: June 28, 2026

These Merx Platform Terms of Service (“Terms”) apply to your access to and use of the marketplace, auction, analytics, recommendation, artificial intelligence, and related technology platform operated by MTG Services LLC, doing business as Merx Technology Group (“Merx,” “MTG,” “we,” “us,” or “our”) (the “Platform”), whether branded as Merx, MTG, or another Merx product or service name.

By accessing or using the Platform, creating an account, placing a bid, purchasing an item, submitting content, or otherwise interacting with the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform. You can find the accompanying Privacy Policy here.

1. Accounts & User Consents

To access certain features of the Platform, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Merx promptly of any unauthorized use of your account.

During account registration, checkout, bidding, marketplace participation, or other Platform interactions, you may be asked to accept these Terms, acknowledge the Privacy Policy, acknowledge the Cookie Policy, and provide or manage communications preferences. You agree that electronic acceptance, clickwrap acceptance, checkbox consent, continued use, or other electronic confirmation may constitute your legally binding acceptance where permitted by law.

Where you provide consent to receive marketplace updates, auction recommendations, product suggestions, promotional communications, SMS/text messages, push notifications, or similar communications, you authorize Merx, MTG, Clients, participating marketplaces, and their service providers to send such communications in accordance with your consent and applicable law. You may opt out of marketing communications as described in the communication or in our Privacy Policy. Transactional, account, security, bidding, purchase, payment, delivery, and service-related communications may still be sent where necessary to operate the Platform or complete transactions.

2. SMS/Text Notification Program

The Platform offers SMS/text notification functionalities that send account-related messages, announcement updates, and outbid alerts to users who have opted in. If you opt in to receive SMS/text notifications, you agree to receive recurring SMS/text messages from Merx, MTG, Clients, participating marketplaces, or their service providers at the mobile number you provide. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Message frequency varies based on account activity. Consent is not required to make a purchase. Message and data rates may apply. You may opt out by replying “STOP,” and you may ask for assistance by replying “HELP.” For further support, contact support@merxtechgroup.com.

3. Platform Role & Marketplace Structure

Merx provides the Platform as a technology service that enables auctions, marketplace transactions, listing management, product discovery, recommendations, analytics, and related services operated by independent marketplace operators, sellers, auction houses, consignors, brands, or other clients (“Clients”).

The Platform may be branded as Merx, MTG, or another Merx product or service name. Use of the Merx, MTG, or other brand name does not change the legal entity operating the Platform unless expressly stated in writing.

Merx is not the seller, auctioneer, consignor, broker, merchant of record, owner, authenticator, appraiser, shipping provider, payment processor, or guarantor of any items, listings, lots, products, services, or transactions made available through the Platform, unless expressly stated in writing by Merx.

All listings, auctions, sales, purchases, fulfillment, returns, refunds, chargebacks, authenticity determinations, condition descriptions, product claims, shipping issues, taxes, and transaction disputes are the responsibility of the applicable Client, seller, consignor, buyer, bidder, or marketplace participant, as applicable. Merx may provide technology, data, recommendation, analytics, customer support, trust and safety, or administrative tools to support marketplace activity, but Merx does not assume responsibility for Client-operated marketplace transactions.

4. User Content & Marketplace Content

You may submit, upload, provide, transmit, display, or make available content through the Platform, including listing images, photographs, videos, titles, descriptions, item attributes, catalog information, metadata, messages, reviews, comments, seller or consignor content, and other materials (“User Content”). User Content also includes content associated with listings, lots, goods, services, auctions, marketplace transactions, or marketplace activity (“Marketplace Content”).

You retain ownership of your User Content, subject to the licenses granted in these Terms. You represent and warrant that you own or have all rights, licenses, permissions, authorizations, and consents necessary to provide User Content and Marketplace Content to the Platform and to grant Merx the rights described in these Terms. You further represent that your User Content and Marketplace Content do not violate any law, third-party right, intellectual property right, privacy right, publicity right, contractual restriction, marketplace restriction, or platform restriction.

5. License to Merx

By submitting, uploading, transmitting, displaying, or otherwise making User Content or Marketplace Content available through the Platform, you grant Merx, MTG, Merx affiliates, Clients, participating marketplaces, service providers, successors, assigns, and sublicensees a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable, transferable, and assignable license to access, collect, process, analyze, reproduce, transmit, store, host, display, perform, publish, distribute, modify, adapt, format, normalize, enhance, translate, create derivative works from, extract features from, create embeddings from, and otherwise use such User Content and Marketplace Content as necessary or useful to operate, provide, support, secure, maintain, improve, optimize, promote, and develop the Platform and related services.

This license includes use for marketplace functionality, listing display, catalog creation, product discovery, search, recommendations, auction recommendations, product suggestions, promotional functionality, resale or relisting functionality, consumer-facing experiences, transaction history, account history, customer support, trust and safety, fraud prevention, legal compliance, analytics, artificial intelligence, machine learning, automated outputs, model training and validation, benchmarking, platform optimization, and development of new products, services, and features.

With respect to listing images, photographs, videos, titles, descriptions, catalog information, metadata, item attributes, and other Marketplace Content, the license granted to Merx is perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable, and assignable, and survives account termination, transaction completion, removal of a listing, or discontinuation of use of the Platform. For clarity, this does not give Merx ownership of your raw User Content, but it allows Merx to continue using Marketplace Content and outputs, insights, analytics, models, embeddings, features, and derived materials created from or based on such content as permitted by these Terms and the Privacy Policy.

6. Aggregated & Derived Data

Merx may generate, create, retain, use, commercialize, and otherwise exploit aggregated, de-identified, anonymized, transformed, derived, statistical, analytical, or machine-generated data, outputs, insights, recommendations, models, embeddings, feature vectors, labels, predictions, benchmarks, and other materials derived from Platform activity, User Content, Marketplace Content, listings, transactions, bids, usage activity, or interactions with the Platform (“Aggregated and Derived Data”).

Aggregated and Derived Data will not reasonably identify you as an individual. Merx may use Aggregated and Derived Data for any lawful purpose, including analytics, benchmarking, product development, artificial intelligence and machine-learning development, model training and validation, search optimization, recommendation systems, pricing tools, fraud detection, marketplace intelligence, platform optimization, and development of new products and services.

Aggregated and Derived Data may include transaction-level, listing-level, product-level, auction-level, pricing, performance, or marketplace information, provided that such data does not reasonably identify you as an individual.

7. Bidding & Transactions

The Platform enables users to participate in auctions and marketplace transactions operated by Clients or other marketplace participants. By placing a bid, making an offer, initiating a purchase, or otherwise participating in a transaction, you agree that your bid, offer, or purchase action may constitute a binding commitment to purchase the applicable item or service in accordance with the applicable auction terms, listing terms, marketplace rules, Client terms, and checkout terms.

If you are the winning bidder or complete a purchase, you are responsible for paying the purchase price, buyer’s premium if applicable, taxes, fees, shipping, handling, insurance, and any other amounts disclosed in connection with the transaction.

All transactions are between the applicable users, Clients, sellers, consignors, buyers, bidders, or marketplace participants. Merx is not a party to any transaction and does not assume responsibility for the quality, safety, legality, authenticity, condition, description, availability, pricing, delivery, or fulfillment of any item or service.

8. Prohibited Products & Marketplace Compliance

You may not use the Platform to list, offer, promote, bid on, purchase, sell, or facilitate any illegal, counterfeit, stolen, unsafe, infringing, restricted, regulated, or prohibited goods or services. You are responsible for complying with all applicable laws, marketplace rules, Client terms, listing terms, product safety requirements, sanctions and export-control restrictions, consumer protection laws, and payment and shipping restrictions applicable to your use of the Platform.

Merx may remove listings, restrict transactions, suspend accounts, block payments, cancel bids or purchases, or take other action where Merx believes, in its discretion, that activity may violate these Terms, applicable law, third-party rights, marketplace rules, platform policies, or trust and safety standards.

9. Payments

Payments made through the Platform are processed by third-party payment providers. Merx does not process or store full payment card numbers, CVV codes, or bank account details. By submitting payment information, you agree to the terms and conditions of the applicable payment provider.

Merx is not responsible for payment processing errors, delays, or failures caused by third-party providers.

10. Shipping & Delivery

Shipping and delivery services are provided by third-party providers or by the Client operating the marketplace. Merx does not control and does not guarantee shipping costs, delivery timelines, or the condition of items upon delivery. Merx is not responsible for any issues arising from shipping, handling, or delivery of items.

11. Data Use, Platform Analytics, & Recommendations

Your data is used to operate the Platform, facilitate transactions, provide account functionality, support bidding and marketplace activity, prevent fraud, maintain security, communicate with you, personalize your experience, provide recommendations, and improve services.

This includes processing identity data, contact information, transaction data, listing activity, bidding activity, purchase history, behavioral activity, user interactions, device data, and usage patterns. Merx may use this information to provide marketplace updates, auction recommendations, product suggestions, service recommendations, promotional communications, cross-marketplace recommendations, search results, personalization, analytics, product development, artificial intelligence, machine-learning features, and platform optimization, in each case as described in the Privacy Policy and subject to your communications preferences and applicable law.

Merx may process transaction, listing, behavioral, and usage data to generate Aggregated and Derived Data for analytics, benchmarking, product development, artificial intelligence and machine-learning development, model training and validation, recommendation systems, fraud detection, pricing tools, marketplace intelligence, and platform optimization. Aggregated and Derived Data will not reasonably identify you as an individual.

12. Artificial Intelligence, Recommendations, & Automated Outputs

The Platform may use artificial intelligence, machine learning, automation, recommendation systems, image-processing tools, analytics tools, and other automated technologies to generate or support item descriptions, listing enhancements, recommendations, product suggestions, auction recommendations, pricing insights, catalog information, search results, fraud detection, trust and safety tools, summaries, predictions, classifications, or other outputs (“Automated Outputs”).

Automated Outputs are provided for informational, operational, or assistive purposes only and may not be accurate, complete, current, or suitable for any specific purpose. Merx does not guarantee the accuracy, reliability, legality, authenticity, valuation, condition assessment, or suitability of any Automated Output. You should independently review and verify any Automated Output before relying on it, publishing it, bidding, purchasing, selling, or taking any other action.

13. Third-Party Services, Service Providers, & Data Flow

The Platform relies on third-party service providers, vendors, subprocessors, contractors, hosting providers, cloud providers, payment processors, shipping providers, communications providers, SMS/text messaging providers, e-mail providers, analytics providers, artificial intelligence providers, image-processing providers, security providers, infrastructure providers, and other technology providers (“Service Providers”).

By using the Platform, you acknowledge that your data, User Content, Marketplace Content, transaction information, device information, and usage activity may be transmitted to, processed by, or stored with Service Providers as necessary or useful to operate, support, secure, improve, and optimize the Platform.

As a general rule, Merx requires Service Providers to process personal data only to provide services to Merx and not for their own independent purposes. However, certain Service Providers, including artificial intelligence, image-processing, analytics, infrastructure, and security providers, may retain or use limited aggregated, de-identified, transformed, or non-identifiable data for lawful purposes such as service improvement, model improvement, safety, security, debugging, quality assurance, benchmarking, analytics, or development of generalized features. Merx does not authorize Service Providers to use identifiable personal data for their own independent marketing or unrelated purposes except as disclosed in the Privacy Policy, permitted by law, or supported by appropriate contractual safeguards.

14. Prohibited Conduct

You agree not to use the Platform in any unlawful, abusive, harmful, deceptive, fraudulent, manipulative, or unauthorized manner. This includes, without limitation, bid manipulation, shill bidding, artificial price inflation, collusion, fraudulent chargebacks, payment fraud, abuse of promotions, circumvention of fees, interference with auctions, misuse of the Platform, scraping, crawling, data mining, unauthorized automated access, reverse engineering, probing or testing security measures, uploading malware, attempting to gain unauthorized access, interfering with Platform operation, impersonating another person, misrepresenting affiliation, or using the Platform to violate any law, third-party right, marketplace rule, or Client term.

You may not submit, upload, display, list, sell, promote, or transmit any content, product, service, or material that is illegal, counterfeit, stolen, unsafe, infringing, defamatory, obscene, deceptive, misleading, invasive of privacy, violative of publicity rights, or otherwise prohibited by Merx, the applicable Client, or applicable law.

15. Optional Modules, Agents, & Paid Features

Certain Platform features, modules, agents, artificial intelligence tools, premium functionality, integrations, transaction services, usage-based services, commission-based services, or other add-on services may be subject to additional terms, fees, usage limits, commissions, or pricing schedules. If you use or enable such features, you agree to the applicable disclosures, checkout terms, order terms, Client terms, or additional terms presented at the time of use.

16. Account Suspension & Termination

Merx reserves the right to suspend, restrict, or terminate your account or access to the Platform at any time if you violate these Terms, applicable law, marketplace rules, Client terms, trust and safety standards, or if such action is necessary to protect users, Clients, Merx, Service Providers, the integrity of auctions, the security of the Platform, or the operation of the Platform.

Account termination or removal of content does not affect Merx’s rights to retain and use Aggregated and Derived Data, records reasonably required for legal, compliance, fraud prevention, security, dispute resolution, transaction history, or enforcement purposes, or Marketplace Content and related outputs as permitted by these Terms and the Privacy Policy.

17. Disputes Between Users

Merx is not responsible for resolving disputes between users or between users and Clients. However, Merx may, at its discretion, assist in resolving disputes or take action to enforce these Terms and protect the integrity of the Platform.

Merx is not responsible for resolving disputes relating to product quality, condition, authenticity, title, ownership, legality, shipping, delivery, taxes, refunds, chargebacks, seller conduct, buyer conduct, or Client marketplace rules, although Merx may assist or take action in its discretion to protect the Platform, users, Clients, or marketplace integrity.

18. Disclaimers

The Platform is provided on an “as is” and “as available” basis. Merx makes no warranties, express or implied, regarding the Platform, including its availability, reliability, accuracy, security, or fitness for a particular purpose. Merx does not guarantee the accuracy of listings, the outcome of auctions, the quality, authenticity, legality, safety, or availability of items, or the performance of Clients, users, sellers, consignors, buyers, bidders, payment providers, shipping providers, or other third parties.

19. Limitation of Liability

To the maximum extent permitted by law, Merx shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from or relating to your use of the Platform, your inability to use the Platform, any listing, auction, transaction, item, product, service, Automated Output, Service Provider, Client, user, or marketplace participant.

Merx’s total liability shall not exceed the amount paid by you, if any, to use the Platform during the twelve months preceding the claim, or one hundred dollars ($100), whichever is greater.

20. Arbitration & Class Action Waiver

You and Merx agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, your account, your use of the Platform, or any transaction or interaction through the Platform shall be resolved exclusively through binding arbitration on an individual basis, rather than in court, except that either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misuse of intellectual property, misuse of the Platform, unauthorized access, or unauthorized use or disclosure of data or Confidential Information.

Arbitration shall be administered by JAMS under its applicable consumer or commercial arbitration rules, as applicable. The arbitration shall take place in Delaware unless otherwise required by applicable law or agreed by the parties. The arbitrator shall have authority to award the same damages and relief that a court could award on an individual basis.

You and Merx waive the right to a trial by jury and the right to participate in any class action, collective action, private attorney general action, or representative proceeding. All claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

21. Governing Law

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, your account, your use of the Platform, or any transaction or interaction through the Platform shall be governed by the laws of the State of Delaware, without regard to its conflict-of-law principles.

22. Changes to These Terms

Merx may update these Terms, the Privacy Policy, Cookie Policy, Acceptable Use Policy, prohibited-products rules, platform policies, and other user-facing terms or policies from time to time. Changes will be posted on the Platform or otherwise made available through reasonable notice. Continued access to or use of the Platform after changes become effective constitutes acceptance of the updated terms and policies, except where additional consent is required by applicable law.

23. Business Transfers

Merx may transfer, assign, or delegate these Terms, the Platform, user accounts, Platform data, User Content, Marketplace Content, Aggregated and Derived Data, and related rights and obligations in connection with a merger, acquisition, financing, reorganization, spin-off, sale of assets, change of control, bankruptcy, or similar transaction involving Merx, MTG, the Platform, or related assets. These Terms will bind and benefit Merx and its successors and assigns.

24. Cookie Policy & Preference Tools

The Platform may use cookies, pixels, SDKs, local storage, device identifiers, and similar technologies as described in the Privacy Policy and Cookie Policy. Where required by law, Merx may provide cookie banners, consent tools, preference centers, or other mechanisms that allow users to manage non-essential cookies and similar technologies. Your use of the Platform may be affected if you disable certain cookies or tracking technologies.

25. Contact Information

MTG Services LLC
1309 Coffeen Ave
STE 1200
Sheridan, WY 82801
Legal: legal@merxtechgroup.com
Privacy: privacy@merxtechgroup.com

For transaction-specific questions, listing issues, shipping, refunds, authenticity claims, auction terms, or marketplace disputes, you should also contact the applicable Client or marketplace operator.