Terms of Use

Welcome to NFT Matic, the platform that enables you to purchase NFTs. By using NFT Matic, you agree to the following Terms of Use, which establish a legal agreement between you and NFT Matic (“NFT Matic,” “Company,” “we,” or “us”). These terms and any referenced documents dictate your usage and access to NFT Matic, including all content, features, and services provided on the website nft-matic.com (referred to as the “Site”).

Acceptance of Terms of Use

These Terms of Use outline your rights and obligations while using NFT Matic to purchase or showcase non-fungible tokens (NFTs), so please read them carefully. NFT Matic functions as an administrative platform that facilitates transactions between buyers and the NFT provider, but it is not a party to any agreements between users.

By clicking the “I Accept” button, completing the account registration process, or utilising our Services, you acknowledge and consent to be bound by these Terms of Use and all the terms referenced herein. By agreeing to these terms, you certify that you are at least 18 years old. If you do not agree to these Terms of Use, you must refrain from accessing or using the Site or the Services.

Please take note that this Agreement includes an arbitration clause and class action waiver. By accepting these Terms of Use, you agree to resolve any disputes through binding individual arbitration, relinquishing your right to have the dispute decided by a judge or jury and waiving any right to participate in collective actions, including class actions, class arbitrations, or representative actions.

NFT Matic retains the right to modify or amend these Terms of Use at its sole discretion. You agree and understand that by logging into your account or continuing to access or use the Site or Services after any modifications to these Terms of Use, you accept the revised Terms of Use and all the terms referenced therein. We recommend reviewing the Terms of Use periodically to stay informed about the terms and conditions governing your Site use.

The pictures on NFT Matic are intended for illustration purposes only and are not actual photos of our employees, office, or facilities.

Definitions

In the context of these Terms and Conditions:

  • “Company,” “we,” “us,” or “our” refers to Ummi, SIA, a company with its registered address at Maskavas iela 250 k-2 – 56, LV-1063 Riga, Latvia.
  • “Artwork” denotes digital art that NFT Matic offers for sale on its platform in the form of NFTs.
  • “Drop” refer to the specifications, including the number of editions, formats, and prices, through which NFT Matic sells Artwork on its platform.
  • “Art gallery Services” entail the activities of purchasing or displaying NFTs.
  • “NFTs” are non-fungible tokens.
  • “Services” encompass the Art gallery Services provided by NFT Matic.
  • “User” denotes any individual utilising NFT Matic to avail of the Services.

Your NFT Matic Account

To utilise the Services, you must create an account with NFT Matic. During the account creation process, we will request information about you. In our sole discretion, we may require additional information and/or documents. If you fail to provide complete and accurate information and/or documents when requested, we reserve the right to refuse to provide you with the Services.

Your NFT Matic account is subject to the following conditions:

  • One Account: You may only open one account on NFT Matic. Should we reasonably suspect that you have opened multiple accounts, we reserve the right to take appropriate actions, including but not limited to closing and/or freezing your accounts.
  • Access: You acknowledge and agree that access to your NFT Matic account is exclusive to you. You must not sell, rent, lease, or grant access to your account to any individual without our prior written permission.
  • Security: You are solely responsible for maintaining the security of your account, including control over usernames, passwords, or any other access codes. Any unauthorised access to your account by third parties may result in the loss or theft of NFTs and/or funds held in your account and any associated accounts, including linked bank and credit card accounts. You understand and agree that we are not responsible for managing and maintaining the security of your account. Furthermore, we are not liable for any unauthorised access to or use of your account. It is your responsibility to monitor your account for any unauthorised or suspicious activity, and if detected, please notify us immediately with all relevant details.
  • Trading Fees: By purchasing NFTs on NFT Matic, you agree to pay all applicable fees and authorise NFT Matic to deduct fees from your payment automatically. Before completing any NFT purchase, you will be provided with a breakdown of fees for your reference.
  • Communication: You consent and understand that we will communicate with you electronically. To ensure receipt of all communications, you must keep your email address and telephone number up-to-date and promptly inform us of any changes. Any notices, agreements, disclosures, or other communications delivered to your email address on record will be considered valid.
  • Euro Balance: Approved users may maintain a balance in Euro to facilitate transactions on the NFT Matic platform. You are the rightful owner of your balance.
  • Unclaimed Property: In the event that NFT Matic holds funds in your account, and there is no record of your use of the Service for an extended period, we may be obligated to report these funds as unclaimed property as per abandoned property and escheat laws. If this occurs, we will make reasonable efforts to provide you with written notice. Should you fail to respond within seven business days or as required by law, we may be required to deliver the unclaimed funds to the applicable state or jurisdiction. We reserve the right to deduct a dormancy fee or administrative fee from unclaimed funds as the applicable law allows.

Account Suspension

You acknowledge that NFT Matic holds the right to promptly suspend your account, temporarily pause or terminate your access to the Services, or close your account if we reasonably suspect, at our sole discretion, any of the following:

  • Your account is being used for money laundering or any illegal activities.
  • You have deliberately concealed or provided false identification information or other deceptive details.
  • You have engaged in fraudulent activities.
  • You have obtained NFTs using improper methods, including utilising stolen funds or unauthorised payment methods or attempting a chargeback while retaining or disposing of the acquired NFTs.
  • You are employing bots, automation, or multiple accounts to engage in any activities on NFT Matic.
  • You have otherwise acted in violation of these Terms of Use.

If NFT Matic possesses the reasonable belief that you have been involved in activities as mentioned in points (1), (2), (3), (4), or (5) above, we reserve the right, at our sole discretion, to seize any NFT purchases made in connection with such activities and/or declare those transactions null and void.

Communication

You consent to receive promotional communications via email, including newsletters, special offers, surveys, and other relevant news and information that interest you.

Additionally, you agree to receive communications by email or text message that are directly related to the status of NFT purchases or sales on NFT Matic, as well as other communications relevant to your interactions with the Site. These may include notifications regarding the status of NFTs you want to purchase.

If you wish to opt out of receiving promotional communications, you can do so at any time by following the provided instructions in the communication itself.

Profile Information

The Site provides a platform for Users to create profiles where they can share certain information about themselves. Please note that any Profile Information you post on the Site will be considered non-confidential and non-proprietary. Ensuring that all Profile Information complies with these Terms of Use is essential.

While we are not obligated to monitor Profile Information actively, we reserve the right, at our sole discretion, to remove any Profile Information at any time and for any reason without prior notice. Furthermore, NFT Matic may monitor Profile Information to detect and prevent fraudulent activities or violations of NFT Matic’s Terms of Use.

Ownership

Unless explicitly stated otherwise in writing by us, all content, materials, and other elements found on the Site, including but not limited to the NFT Matic logo, designs, text, graphics, images, data, software, sound files, and other files, along with their arrangement (collectively referred to as “NFT Matic Content”), are the exclusive property of NFT Matic, our affiliates, licensors, or users, as applicable. The NFT Matic logo and any NFT Matic product or service names, logos, or slogans displayed on the Site or elsewhere are trademarks of NFT Matic or our affiliates, and their use, in whole or in part, without our prior written consent, is strictly prohibited.

You are not permitted to use any NFT Matic Content to link to the Site without obtaining our express written permission. Framing techniques to enclose any NFT Matic Content also require our express written consent. Additionally, the overall appearance and presentation of the Site and Content, including all page headers, custom graphics, button icons, and scripts, constitute the service mark, trademark, or trade dress of NFT Matic and must not be copied, imitated, or used, in whole or in part, without our prior written authorisation.

Regardless of any provisions to the contrary herein, you acknowledge and agree that you do not have any ownership or property interest in your account. Moreover, you explicitly agree that all rights pertaining to your account are and shall always remain the property of NFT Matic and shall be for the exclusive benefit of NFT Matic.

Terms of Sale

When you order on NFT Matic, you acknowledge making a binding offer to purchase the specified NFT or Service. Upon completing the purchase and displaying the Confirmation Page (“Confirmation Page”), your order is accepted and confirmed. You explicitly consent that the supply of the NFT commences promptly after the Confirmation Page is displayed.

Intellectual Property

Apart from the NFT Matic Content, all trademarks, product names, and logos displayed on the Site belong to their respective owners and are protected by intellectual property laws. Any unauthorised copying, imitation, or use of these trademarks, in whole or in part, is strictly prohibited without obtaining permission from the relevant trademark holder.

Your Use of NFT Matic

We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Site and Services, subject to the following conditions:

  • Unlawful Activity: You agree not to engage in any activity that violates any laws, statutes, ordinances, regulations, or sanctions programs or involves proceeds from unlawful activities.
  • Abusive Activity: You agree not to undertake any activity that threatens NFT Matic, such as distributing viruses or harmful code or gaining unauthorised access to the Site or other users’ accounts.
  • Inappropriate Behaviour: You agree not to interfere with other user’s access to or use of the Services.
  • Communication: You agree not to use communication features to engage in unsolicited advertising, promotions, spam, hate speech, harassment, or any activity that disrupts other users’ transactions.
  • Fraud: You agree not to engage in any fraudulent activities that defraud NFT Matic, other users, or any other individuals or provide false, inaccurate, or misleading information to NFT Matic.
  • Gambling: You agree not to utilise the Services for any gambling activities, lotteries, bidding fee auctions, contests, sweepstakes, or other games of chance.
  • Taxes: You are solely responsible for determining and complying with any applicable taxes, including withholding, sales, use, value-added, or other taxes, associated with your NFT Matic transactions.
  • Intellectual Property Infringement: You agree not to engage in transactions involving items that infringe on copyrights, trademarks, rights of publicity or privacy, or any other proprietary rights under the law.
  • Hyperlinks: You may create text hyperlinks to the Site for non-commercial purposes, provided they do not portray NFT Matic, our affiliates, or the Services in a false, misleading, or derogatory manner.
  • Additional Prohibitions: You agree not to distribute, publish, reproduce, modify, create derivative works from, or publicly display any NFT Matic Content. You also agree not to use data mining or similar methods on the NFT Matic Content.

If you have any doubts about whether a contemplated use violates these Terms of Use, please contact us at the address listed below under Contact Information.

Accidental Transfers

You acknowledge and accept that if you mistakenly deposit digital assets or NFTs into an incorrect address, we may not have the capability or obligation to return such digital assets or NFTs to you. 

This applies regardless of whether we have control over the destination address.

Please be aware that exceptions to this policy may be considered on a case-by-case basis and at our sole discretion.

Privacy

By using NFT Matic, you acknowledge and consent to the collection, use, and disclosure of your personal information as outlined in NFT Matic’s Privacy Policy, which is incorporated into this User Agreement.

Changes and Amendments 

You agree and acknowledge that we may modify part or all of NFT Matic or the Services without prior notice.

Risks

Please be aware of the following risks associated with accessing or using NFT Matic:

  • Price Volatility: The price and liquidity of blockchain assets, including NFTs, can be highly volatile, leading to significant fluctuations.
  • External Factors: Fluctuations in the price of other digital assets may impact NFTs and can also be subject to considerable price volatility.
  • Regulatory Impact: Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs.
  • Non-Legal Tender: NFTs are not legal tender and are not backed by any government.
  • Irreversibility: Transactions in NFTs may be irreversible, meaning that losses due to fraudulent or accidental transactions may not be recoverable.
  • Recording Time: Transactions in NFTs are deemed to occur when recorded on a public ledger, which may not align with the initiation time of the transaction.
  • Market Dependence: The value of NFTs may depend on market participants’ willingness to exchange fiat currency or digital assets for NFTs, which may result in a total loss of value if the market for a particular NFT Matic disappears.
  • Fraud and Cybersecurity: The nature of NFTs may increase the risk of fraud or cyber-attacks, and technological difficulties experienced by NFT Matic may affect access to or use of your Digital Assets.
  • Third-Party Changes: Changes to Third-Party Sites (discussed in Section 18 below) may impact your access to and use of the Site.

You acknowledge and understand that you are solely responsible for assessing the nature, potential value, suitability, and appropriateness of these risks for yourself. NFT Matic does not provide advice or recommendations regarding NFTs or related investment strategies. Therefore, you access and use NFT Matic at your own risk. It is important to note that this brief statement does not encompass all the risks associated with NFTs and other digital assets. NFT Matic will not be held responsible for any communication failures, disruptions, errors, distortions, or delays that you may encounter when using NFTs, regardless of the cause.

Third Parties

NFT Matic may rely on third-party platforms like MetaMask to facilitate NFT Matic transactions. Our Site may include links to third-party websites or applications (collectively referred to as “Third-Party Sites”). Please note that NFT Matic does not own or control Third-Party Sites. Your use of any Third-Party Site is subject to the terms of use and privacy policy provided by that particular Third-Party Site. 

NFT Matic is not a party to any such agreements. You are responsible for reviewing the terms of use and privacy policy provided by the Third-Party Site and conducting any necessary investigations before proceeding with any transaction with a third party.

NFT Matic provides these links to Third-Party Sites for your convenience only. It does not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Sites or their products or services. You access and use all links to Third-Party Sites at your own risk. Once you leave our Site, our Agreement and policies no longer govern. While we may choose to inform you that you are leaving our Site, we are not obligated to do so.

To use certain functionalities of our Services, you must create a “Dwolla Platform” account provided by Dwolla, Inc., and accept the Dwolla Terms of Service and Privacy Policy. Any funds held in your Dwolla account are held by Dwolla’s financial institution partners as outlined in the Dwolla Terms of Service. You authorise NFT Matic to share your identity and account data with Dwolla to support and manage your Dwolla account. You are responsible for ensuring the accuracy and completeness of that data. Please note that you will access and manage your Dwolla account through our application, and Dwolla account notifications will be sent by us, not Dwolla. For customer support related to your Dwolla account activity, you can contact us at [email protected]

Certain transactions on our site may be facilitated and managed by MetaMask. The MetaMask Terms of Service and Privacy Policy govern any such transactions.

Disclaimers

Unless expressly provided otherwise in a written agreement by NFT Matic, the Site, its content, and the NFTs listed therein are provided on an “as is” and “as available” basis without any warranties or conditions, whether express or implied. NFT Matic and its suppliers make no warranty that the Site will (1) meet your requirements; (2) be available without interruption, in a timely manner, secure, or error-free; or (3) be accurate, reliable, complete, lawful, or safe.

We will not be held liable for any losses resulting from actions taken or reliance on material or information found on the Site. NFT Matic does not warrant or represent that the content on the Site is accurate, complete, reliable, current, or free from errors.

While NFT Matic strives to make your access to and use of the Site and its content safe, we cannot guarantee that the Site, its content, or any NFTs listed on our platform are free of viruses or other harmful components. We cannot ensure the security of any data disclosed online. You accept the inherent risks of providing information and engaging in online transactions over the Internet. You will not hold us responsible for any security breach except in cases of gross negligence.

We will not be liable for any loss. We assume no responsibility for any use of NFTs, including but not limited to any losses, damages, or claims arising from (1) user errors, such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (2) server failure or data loss; (3) corrupted wallet files; (4) unauthorised access to applications; (5) any unauthorised third-party activities, including viruses, phishing, brute forcing, or other means of attacking the Site or NFTs.

NFTs are intangible digital assets, existing solely based on the ownership record maintained in the Ethereum network. Any transfer of title or rights in any unique digital asset occurs within the decentralised ledger of the Ethereum platform. We do not guarantee that NFT Matic or any NFT Matic party can influence the transfer of title or rights in any NFTs.

NFT Matic shall not be responsible for sustained losses resulting from vulnerabilities, software failures (e.g., wallets, smart contracts), blockchain abnormalities, or any other NFT-related features. We are not liable for sustained losses due to delayed or non-existent reports by developers or representatives of any blockchain issues supporting NFTs, including forks, technical node problems, or any other issues resulting in fund losses.

Nothing in this Agreement shall exclude or limit the liability of either party for fraud, death, or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

Limitation of Liability

To the maximum extent permitted by applicable law, NFT Matic shall not be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from this Agreement, the Site, products, or Third-Party Sites and products, or any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if such damages were foreseeable, and even if NFT Matic was advised of the possibility of such damages. Your access to and use of the Site, products, or Third-Party Sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting from such access and use.

Notwithstanding anything to the contrary in this Agreement, in no event shall NFT Matic’s maximum aggregate liability arising out of or related to this Agreement, the access to and use of the Site, content, NFTs, or any products or services purchased on the Site exceed the greater of (a) $100, or (b) the amount you have paid to NFT Matic for the Services in the last six months, out of which the liability arose. The limitations of liability stated above shall not apply to the liability of NFT Matic for (a) death or personal injury caused by NFT Matic’s negligence or (b) any injury caused by NFT Matic’s fraud or fraudulent misrepresentation.

Please note that some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Additionally, certain jurisdictions may impose limitations on disclaimers or limitations of liability for personal injury resulting from consumer products, in which case this limitation may not apply to personal injury claims.

Restricted Countries

Please be aware that we do not conduct any business with clients from the following countries and jurisdictions:

  • United States of America (USA)
  • Israel
  • Ukraine
  • Belarus
  • Countries listed in the Financial Action Task Force (FATF) blacklist and grey list
  • Office of Foreign Assets Control (OFAC) sanctioned jurisdictions
  • Cuba
  • Russia
  • Crimea
  • Donetsk People’s Republic
  • Luhansk People’s Republic

If you are a resident or located in any of the countries mentioned above or jurisdictions, we regret to inform you that we cannot provide our services to you.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NFT Matic and all its past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively referred to as the “NFT Matic Parties”) from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including attorneys’ fees and expenses), and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including but not limited to damages to property or personal injury, arising from or related to:

(a) Any intellectual property disputes relating to your Profile Information, Creator Content (if you are a Creator), or your Publisher Content (if you are a Publisher); (b) Your use or misuse of the Services, the Site, or NFTs; (c) Any Feedback you provide; (d) Your violation of these Terms of Use; (e) Your violation of the rights of a third party, including another user or MetaMask; and (f) Your failure to pay any Withholding Taxes or Sales Taxes in connection with your NFT Matic transactions or to provide us with a properly executed tax form described in Section 13.

You agree to promptly notify NFT Matic of any third-party Claims and cooperate with the NFT Matic Parties in defending such Claims. You further agree that the NFT Matic Parties shall have the right to control the defence or settlement of any third-party Claims related to NFT Matic if so chooses. This indemnity is in addition to, and not instead of, any other indemnities set forth in a written agreement between you and NFT Matic.

Governing Law

These Terms of Use, your use of NFT Matic, your rights and obligations, and all actions contemplated by, arising out of, or related to these Terms of Use shall be governed by the laws of Latvija as if these Terms of Use are a contract wholly entered into and wholly performed within Latvija. You understand and agree that your use of NFT Matic as contemplated by these Terms of Use shall be deemed to have occurred in Latvija and be subject to the internal laws of Latvija without regard to its conflicts of laws provisions.

Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with NFT Matic and limits the way you can seek relief from us.

You agree that any dispute or claim relating in any way to: your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with NFT Matic will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or NFT Matic may seek equitable relief in court for infringement or other misuses of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Latvija and conducted in English rather than in court.

The arbitrator shall have exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (3) decide the rights and liabilities, if any, of you and NFT Matic; (4) grant motions dispositive of all or part of any claim; (5) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same authority to award relief individually as a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including calculating any damages awarded. Such an award is final and binding upon you and us.

You understand that by agreeing to this Arbitration Agreement, you and NFT Matic are each waiving their right to trial by jury and to participate in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed. The remainder of the Arbitration Agreement shall continue to be in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with NFT Matic.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your licence to access or use NFT Matic, the Services, or the Site, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.

Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clause, or provision of these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between you and NFT Matic relating to your access to and use of NFT Matic, the Services, and the Site and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation prior versions of these Terms of Use). Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

Survival

You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

Contact Information

If you have any questions, would like to provide feedback, or would like more information about NFT Matic, please feel free to contact us at the following address:

Via email – [email protected] 
Via contact page – https://nft-matic.com/contacts