These Terms of Service (“Terms”) govern your use of the NFT services provided by Nivafy (“we,” “us,” or “our”). By accessing or using our NFT services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our NFT services.

NFT Creation, Buying, and Selling

• NFT Ownership: When you create, buy, or sell NFTs on our platform, you acknowledge and agree that the ownership of the underlying digital assets represented by the NFTs is governed by the blockchain technology and smart contracts associated with the respective blockchain platform. We do not claim ownership rights over the digital assets represented by NFTs.
• License: By creating, buying, or selling NFTs on our platform, you grant us a non-exclusive, worldwide, royalty-free license to display, distribute, and promote the NFTs for the purposes of operating and promoting our NFT services. This license includes the right to modify or adapt the NFTs for technical purposes such as optimization or compatibility.
• User Representations: You represent and warrant that you have the necessary rights, permissions, and authority to create, buy, or sell the NFTs on our platform. You further represent and warrant that the NFTs and their underlying digital assets do not infringe upon the intellectual property rights or any other rights of any third party.

Wallets, Exchanges, and Financial Services

• Wallet Provider: We are not a wallet provider, and we do not offer or provide wallet services for the storage or management of digital assets or cryptocurrencies. It is your responsibility to use a compatible and secure wallet to store and manage your NFTs and associated digital assets.
• Exchanges and Transactions: Our platform facilitates the buying and selling of NFTs, but we are not an exchange, broker, or dealer of digital assets or cryptocurrencies. We do not facilitate or process transactions involving digital assets or cryptocurrencies. All transactions are conducted directly between users through compatible blockchain platforms.
• Financial Services: We are not a financial institution, payments processor, money services business, or creditor. We do not provide financial advice, investment recommendations, or any form of financial services related to digital assets or cryptocurrencies. You are solely responsible for any financial decisions or risks associated with your NFT transactions.

Intellectual Property Rights

• Platform Content: All content provided on our platform, including but not limited to text, graphics, logos, icons, images, audio clips, and software, is the property of Nivafy or its licensors and is protected by intellectual property laws. You may not use, modify, reproduce, distribute, or display any platform content without our prior written permission.
• NFT Content: As a user, you retain ownership of the content associated with your NFTs, subject to the license granted to us in NFT Creation, Buying, and Selling (license) section. You are responsible for ensuring that the content you associate with your NFTs does not infringe upon the intellectual property rights of others.

Disclaimers and Limitation of Liability

• NFT Platform: We provide our NFT services on an “as is” and “as available” basis. We do not make any warranties, express or implied, regarding the availability, reliability, or suitability of our NFT services for any particular purpose. Your use of our NFT services is at your own risk, and we disclaim any and all liability for any damages or losses arising out of or in connection with your use of our NFT services.
• Third-Party Platforms and Transactions: Our platform may provide links or access to third-party platforms, websites, or services. We do not endorse, control, or assume any responsibility for the content, practices, or policies of any third-party platforms. Your interactions and transactions with third parties, including the buying or selling of NFTs, are solely between you and the third party, and we disclaim any liability for any issues or disputes arising from such interactions or transactions.
• No Investment Advice: Any information or content provided on our platform, including but not limited to price information, market trends, or historical data, is for informational purposes only and should not be considered as investment advice. You are solely responsible for conducting your own research and analysis before making any investment decisions related to NFTs or digital assets.
• Indemnification: You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of our NFT services, violation of these Terms, or infringement of any rights of any third party.

Modification and Termination

• Modifications: We reserve the right to modify, suspend, or terminate our NFT services, or any part thereof, at any time and for any reason without prior notice. We may also update or modify these Terms from time to time, and the updated Terms will be effective upon posting on our platform. Your continued use of our NFT services after any modifications constitutes your acceptance of the updated Terms.
• Termination: We may suspend or terminate your access to our NFT services, in whole or in part, if we believe, in our sole discretion, that you have violated these Terms or engaged in any unauthorized or fraudulent activities. In the event of termination, you will no longer have access to our NFT services, and any licenses or permissions granted under these Terms will cease immediately.

Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of The California State, USA, without giving effect to any choice-of-law or conflict-of-law principles.
• Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our NFT services shall be resolved through arbitration in accordance with the rules of the chosen arbitration provider. The arbitration shall be held in California State, USA. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.