NFT54.io Terms of Service
The following terms and conditions (collectively referred to as “Terms”) govern your use and access to our services, website, and any goods and services provided by NFT54.io. Collectively, these are referred to as “Services”.
Effective: June 14th, 2023
Term: The term of the Agreement continues until either party elects to terminate this agreement pursuant to the terms provided in the Termination section of these Terms.
Contact: You can reach us at firstname.lastname@example.org.
1.1 First Party
As a user of this service and first-party products, your relationship is with NFT54.io, Dutch-based entity. The terms are governed by the law of E.U, without regard to conflict of law rules.
Refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
You, whether a legal or physical entity, retain all rights and ownership of your Content. We do not claim any ownership rights to your Content. Ownership transfer to NFT54.io only occurs if both you and NFT54.io specifically agree to it.
Content refers to the AI art or AI art generator material that you specifically create using our Services. Your content is wholly yours and is not representative or affiliated with NFT54.io. We do not act as a publisher or platform to publish your Content.
1.5 Subscription-Based Services
Some of our Services require regular monthly payments to access. These Services are subject to their applicable agreements and terms in the following sections.
1.6 Authorized Payment Processor
We use a payment processor agent to process our Services’ billing intervals.
1.7 Updates to Terms
Any significant changes to the Terms will be notified to you with the date being announced in advance. If you do not agree to the amended terms, you must stop using our Services.
Our Services are licensed, not sold, to you. You retain unlimited access to the Services throughout the duration of the subscription unless the Terms are breached. We reserve the right to cancel any of the Services if Terms are breached.
1.9 Definition of Business Day and Hours
NFT54.io operates from 9am to 5pm Monday to Friday and observes all E.U Holidays.
All Subscription-Based Services provided to you are based on 30-day intervals.
1.11 Effective Date
The effective date is when Terms are operational and effective, until the Terms are amended by NFT54.io.
1.12 Force Majeure
NFT54.io shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
1.13 Hosted Services
Our Services will be made available to you via the internet according to the Terms.
2. Hosted Services
NFT54.io shall provide to you, upon your agreement with the terms and conditions, theServices that are publicly available. Upon payment of a Services’ Subscription, we will provide you with necessary access to consume our Services that are subscription based.
We grant you a non-exclusive license to access our Subscription-Based Services. This license cannot be transferred, assigned, or be used in any prohibited, restricted use. This license cannot be used for misconduct in the Terms.
In accordance with the Terms, none of the following shall constitute as a breach of the Terms:
- A Force Majeure Event;
- Technical faults or network communication errors;
- Faults of your computer systems or networks;
- Inability for you to use a normal computing system;
- Routine maintenance.
3. Data Protection
NFT54.io will comply with all Data Protection Laws with respect to processing of user personal data.
4. Payments and Charges
By using the Subscription-Based Services, you agree to pay NFT54.io for the Services’ provided within this agreement.
- Charges are based on stated values, exclusive of any value added taxes or sales taxes. Applicable sales taxes and value added taxes will be assessed by our Authorized Payment Processor. All charges are referenced in US dollars and or EUR.
- NFT54.io’s Subscription-Based Services do not offer refunds unless explicitly granted by the Company. If you have a Subscription-Based Service then your access to the Services will be active until the expiration of the subscription. If you decide to cancel your subscription then you will not be charged for your next month’s subscription and your access to the Subscription-Based Services will be revoked at the end of the active period.
NFT54.io is authorized to issue billing notices for the Services’ Subscriptions from time to time during the Term.
- You are responsible for all fees and charges, including taxes related to your account before the end of your Services’ Subscription Date. If you are enrolled through an Authorized Payment Processor’s automated billing service, then it is your responsibility to contact the agent to cancel your subscription either through directly contacting them or through our payment center.
- You must pay for your Services’ Subscription through an Authorized Payment Processor. You must agree to any terms and conditions that they provide in order for us to receive payment. All payments must be received in US dollars.
- If you do not pay on the date of the Services’ Subscription renewal then we have the sole right to terminate your access to the Services without any recompense to any potential damages.
5. Use of Services
5.1 Subscription-Based Software License
If you are subject to the compliance with the Terms during the duration of your subscription, we grant you an account exclusive license to consume and access the Services: (1) as long as your subscription is valid and (2) in accordance with the Terms accompanying the Services. Your subscription lets you access the Services up to one account, on any number of devices.
5.2 Authorized Users
You must be 18 years or older and be capable of entering a legal contract in the EU in order to use the Services.
Unless permitted in the Terms, you must not:
- Host an account on a publicly available domain;
- Allow third parties to access the account remotely;
- Circumvent technological measures intended to control access to the Account;
- Develop, distribute, or use with the Services, products that circumvent the technological measures to protect the Services.
- Rent, lease, sell, sublicense, assign, or transfer any portion of the account or your rights of the Services in the account.
The Services may automatically download and install updates from NFT54.io on a routine or occasional basis. These updates may take the form of bug fixes, new features, new models, and user experience improvements. You agree to receive such updates from NFT54.io as part of your use with the Services.
5.5 Supported Web Browsers
We offer support for the Services through Google Chrome, Firefox, Safari, and Edge. Any other browser that is not expressly stated in the terms and conditions remains unsupported.
5.6 Login credentials
Access to NFT54.io’s Services requires the use of login credentials. This information is not stored with us and we bear no responsibility in storing or retrieving these credentials if lost. You have full responsibility to secure and keep your credentials to access our Services. You agree to indemnify NFT54.io from any and all liabilities, losses actions, damages or claims (including all reasonable expenses, costs, and attorneys’ fees) arising out the inability to access your content from encryption.
NFT54.io shall not be responsible or liable for any inaccuracies in the data base or the information processed by or through the Services nor shall it have any liability for any act or failure to act except as expressly set forth herein, except gross negligence or willful misconduct. All warranties express or implied, including without limitation, any warranty of fitness for a particular purpose, merchantability, good and workmanlike product or service or otherwise, are disclaimed and waived.
5.8 Limitation of Liability
In no event will either you or NFT54.io have any liability whatsoever to the other Party for any indirect, special, consequential, incidental or punitive damages, including loss of anticipated profits or revenue in connection with or arising from anything said, omitted or done hereunder (collectively, “Consequential Damages”), even if the other Party has been advised of the possibility of such damages. You agree to indemnify NFT54.io of all liability from the Services.
5.9 Feedback and Suggestions
NFT54.io may provide channels to provide feedback and suggestions about our Services. You agree that any feedback given to NFT54.io is without any compensation or credit that is provided to us.
5.10 Promotions and Contests
From time to time, NFT54.io may provide promotional offers and contests. These Terms apply to these events and if you choose to participate in these events you will have to agree to any additional terms and conditions provided.
We allow you to back up your Content and locally store your content. We recommend regularly backing up your Content. Content stored on our servers is encrypted and you bear the decryption key in the form of your password and email address. If your Password is lost then we cannot recover your Content that is stored on our server. At the end of your Services’ subscription, we make reasonable effort to allow the export your Content from our Services. This transition must be completed within 45 days, after which we reserve the right to delete your Content.
6.1 Access to your Content
Under law, we will only access your Content to provide the Services to your account. Your Content may not be plainly viewed by any agent or principle of NFT54.io without expressed permission from yourself. In order to perform the Services, we may need to access, transform, and transmit your content between NFT54.io and yourself.
6.2 Sharing with other Data Collectors
Unless required by applicable law, to process payments, or to provide the Services; we do not share information with any third parties. Any information that is disclosed to third party will be notified to you. Your Content will be accessed by our Services’ providers in orderto fulfill the Services.
6.3 Security of Information
Protection of user data is one of our top priorities. We have enacted strict data access controls, encryption methods, and physical controls in order to protect your information.
6.4 Storage of Information
Your personal information and Content are stored on NFT54.io’s servers and the servers of companies that provide services to us, including data storage. Your content is encrypted while it is stored on our servers or storage service providers.
6.5 Logging of Requests
We do not log the content of your requests without your explicit consent.
If you are under an applicable jurisdiction, you may request a copy of your personal information; to correct, delete, or restrict processing of your personal information. You also have the right to complain to a data protection authority about our collection and use of your personal information.