Terms of Use

Effective Date: 28.07.2023

1. Use of the Platform

The Platform provides tools and infrastructure for users to discover, interact with, and exchange non-fungible tokens ("NFTs") via self-executing mechanisms such as smart contracts and atomic swaps. The Platform is non-custodial and does not hold user funds or assets at any time.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are solely responsible for complying with applicable laws, including financial services, securities, consumer protection, tax, and anti-money laundering laws.

2. No Financial Advice or Services

The Platform does not provide any investment, legal, tax, or financial advice. All information provided on the Platform is for informational and technical purposes only.

The platform does not:

• Act as an investment intermediary, broker, or financial advisor;
• Offer or issue financial instruments or securities;
• Offer custody of digital or traditional assets;
• Operate a regulated trading venue or exchange under MiCAR, MiFID II, or similar regulations.

You acknowledge that any purchase, sale, or holding of NFTs involves risk, and that you are solely responsible for your decisions.

3. User-Generated Content and Listings

NFTs listed on the Platform may be user-generated or sourced from decentralized networks. As such, they are considered user-generated content. We do not verify, endorse, or assume responsibility for the legality, authenticity, or value of any NFT, its associated data, or listing. We are not liable for any data associated with user-generated NFTs.

If you believe any content on the Platform is illegal or infringes on your rights, you may report it to us. We reserve the right to remove any content that we determine, in our sole discretion, to be illegal or in violation of these Terms.

Certain NFTs may offer features such as access rights, royalties, or income from third-party services. You acknowledge that we are not a party to any such arrangement and make no representations as to their legal or regulatory status.

4. Eligibility and Geographic Restrictions

By using the Platform, you represent and warrant that:

• You are at least 18 years of age and legally capable of entering into a binding agreement;
• You are not a resident of any jurisdiction where the use of NFTs or this Platform is prohibited or restricted by law;
• You are not subject to sanctions, embargoes, or other restrictions under applicable law.

We reserve the right to restrict access to certain jurisdictions in our sole discretion.

5. No Warranties

The Platform is provided "as is" and "as available," without warranties of any kind. We disclaim all express and implied warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

We do not guarantee:

• The continuous, error-free, or secure operation of the Platform;
• The validity, enforceability, or classification of any NFT;
• The profitability or expected outcomes of any transactions.

6. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or related to your use of the Platform, including losses from transactions involving NFTs, even if we were advised of the possibility of such damages.

7. Indemnification

You agree to indemnify and hold harmless MintGarden GmbH, its affiliates, officers, and employees from any claims, losses, damages, liabilities, or expenses arising out of:

• Your use of the Platform;
• Your violation of these Terms;
• Your violation of any law or rights of a third party.

8. Changes to the Terms

We may update these Terms at any time, with or without notice. Continued use of the Platform after such changes constitutes your acceptance of the revised Terms.

9. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Munich, Germany.

10. Contact

For questions or legal concerns, contact us at: contact@mintgarden.io