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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 support@nft54.io.

1. Definitions

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.

1.2 GDPR

Refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

1.3 Ownership

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.

1.4 Content

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.

1.8 Licensing

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.

1.10 Charges

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

2.1

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.

2.2

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.

2.3

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

3.1

NFT54.io will comply with all Data Protection Laws with respect to processing of user personal data.

4. Payments and Charges

4.1 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.

4.2 Payments

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.

5.3 Restrictions

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.

5.4 Updates

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.

5.7 Warranties

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.

5.11 Storage

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. Privacy Policy

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.

6.6

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.

7. Termination

7.1 Termination by You

You may terminate this Agreement at any time by ceasing to use our Services. 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.

7.2 Termination by NFT54.io

NFT54.io may terminate this Agreement at any time if you have breached any provision of this Agreement or if NFT54.io is required to do so by law, or if NFT54.io decides to discontinue the Services.

7.3 Effect of Termination

Upon termination of this Agreement, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Miscellaneous

8.1 Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules.

8.2 Entire Agreement

This Agreement constitutes the entire agreement between you and NFT54.io concerning the Services and supersedes all prior agreements and understandings regarding the same.

8.3 No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NFT54.io’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

8.4 Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the extent necessary to render it enforceable, or if modification is not possible, that provision will be severed, and the remaining provisions of this Agreement will remain in effect.

8.5 Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NFT54.io without restriction.

8.6 Headings

The headings in this Agreement are for convenience only and have no legal or contractual effect.

8.7 Notices

All notices required or permitted under this Agreement will be in writing and will be deemed given when delivered personally, when sent by confirmed fax, or three days after being sent by prepaid certified or registered U.S. mail.

8.8 Force Majeure

NFT54.io shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NFT54.io’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

8.9 Relationship

This Agreement does not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

8.10 No Third-Party Beneficiaries

There are no third-party beneficiaries to this Agreement. Without limiting this section, a user’s Authorized Users are not third-party beneficiaries to the user’s rights under this Agreement.

8.11 Contact

You may contact NFT54.io at the following address: 2055 Limestone Rd STE 200-C Wilmington, DE 19808 United States, or at the following email address: support@nft54.io.

9. Changes to the Terms

NFT54.io reserves the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or updating the “Last Updated” date at the beginning of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using our Services.

10. Dispute Resolution

Please read this section carefully. It affects your legal rights and governs how you and NFT54.io can bring claims against each other. This section will, with limited exception, require you and NFT54.io to submit claims to binding arbitration on an individual basis.

10.1 Agreement to Arbitrate

You and NFT54.io agree that any dispute, claim or controversy arising out of or relating to these Terms or to your use of the Services (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

10.2 Arbitration Rules

The arbitration will be administered by a mutually agreed upon arbitration institution in accordance with the rules of that institution applicable to disputes of this nature. If the parties are unable to agree upon an arbitration institution, the arbitration will be administered by an institution located within the European Union, in accordance with the rules of that institution.

10.3 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the rules of the chosen arbitration institution. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the institution’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the institution will appoint the arbitrator in accordance with its rules.

10.4 Arbitration Location and Procedure

Unless you and NFT54.io agree otherwise, the arbitration will be conducted in the country where you reside. If your claim does not exceed €10,000, then the arbitration will be conducted solely on the basis of the documents that you and NFT54.io submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds €10,000, your right to a hearing will be determined by the rules of the chosen arbitration institution. Subject to those rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

10.5 Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the rules of the chosen arbitration institution. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. NFT54.io will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

10.6 Fees

Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the rules of the chosen arbitration institution. However, if your claim for damages does not exceed €75,000, NFT.io will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in the rules of the chosen arbitration institution).

10.7 Changes

Notwithstanding the provisions of the “Changes to the Terms” section above, if NFT54.io changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of NFT54.io’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and NFT54.io in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

11. Contact Information

If you have any questions about these Terms or the Services, please contact NFT54.io at support@nft54.io.

12. Acknowledgement

BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

These Terms of Use have been updated on 14.06.2023.

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