TERMS AND CONDITIONS

DEFINITIONS

  • NFUTCARDS: MOSAIQO SOFTWARE DEVELOPMENT S.L.U.
  • Blockchain: the decentralised and distributed public network that NFUTCARDS uses in each case for the proper provision of the Service (in this case, Binance SmartChain).
  • Platform: website https://www.nfutcards.com and equivalent mobile application through which the User accesses the Services.
  • Service/Services: marketplace-like platform that allows Users to access collections of non-fungible tokens for purchase through their external Wallet – Binance SmartChain. through its external Wallet –
    under no circumstances does NFUTCARDS provide custody or exchange services, acting solely as a Marketplace -.
  • Wallet: set of cryptographic elements that allow the custody of the balance of Cryptoassets deposited therein by a single User.
  • Cryptoassets: digital assets or virtual digital currencies issued through computer protocols and not backed by an entity or Central Bank.
  • User: natural person registered on the Platform who accesses the Services.
  • NFT: non-fungible tokens of standard BEP-721, designed to operate on the Blockchain selected by the Platform.

Welcome to the NFUTCARDS web and mobile application (the “Platform” or “we” or “us” collectively). The following is the licence agreement that governs the terms on which you, as a User, may use the Platform and the Services offered on the Platform.

This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this Platform (https://www.nfutcards.com) and your use of the Service provided through this Platform (“Terms and Conditions”).

Please read these Terms and Conditions and our Privacy and Cookie Policy carefully before using the Platform.

By using the service provided on this Platform, the User agrees to be bound by the Terms and Conditions and our Privacy and Cookie Policy, and if the User does not agree with all the provisions of the Terms and Conditions and the Privacy and Cookie Policy, the User should not use this Platform.

If the User has any questions regarding the Terms and Conditions or the Privacy and Cookie Policy, he/she can contact us through our contact channels.

Translated with www.DeepL.com/Translator (free version)

In compliance with the duty of information contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following details of the owner are shown below:
MOSAIQO SOFTWARE DEVELOPMENT S.L.U.
B42653881
c/ La Nit 1 Block 10 1C
03110 Mutxamel
Alicante

The use of the Platform attributes the condition of User, who accepts, from the access, download and/or use of the same, the Terms and Conditions reflected here.

To make use of the Services offered on the Platform, the User must be over 18 years of age.

In the event that a minor under 18 years of age accesses the Platform, the parents or guardian of the minor shall be responsible for such access and use, including any charges, billing or damages arising therefrom.

Furthermore, the User declares that the use of this Platform is done in a personal capacity, without performing any kind of professional service.

The Platform will allow the User to access the Services specified in these Terms and Conditions.

Before making use of the Services, the User should be aware that the risk of loss in the purchase and sale or holding of Cryptoassets or NFTs may be considerable. As with any asset, the value of Cryptoassets can vary considerably and there is a substantial risk that you may lose money buying, selling, or holding Cryptoassets and NFTs. Therefore, by using the Platform, the User acknowledges and accepts the risks involved in buying, selling or holding NFTs.

Furthermore, by using the Platform the User accepts that NFUTCARDS does not provide any investment advice in relation to the NFTs that are made available to Users through the Platform, but will only provide price information, which shall in no way constitute financial or investment advice and shall not be construed by the User as such. Any decision to buy or sell NFTs is the sole decision of the User, and NFTUCARDS shall in no event be liable for any loss suffered as a result of such decision.

Cryptoasset services are not currently regulated by the financial authorities nor do they fall under the umbrella of protection that may be offered by financial services clearing schemes in Spain, therefore, the User should carefully consider whether trading or holding Cryptoassets is appropriate.

NFTUCARDS offers through the Platform the Services specified in these Terms and Conditions, which involve a marketplace service that allows the acquisition, through the connection of the User’s external Wallet, of the NFTs available on the Platform.

The User assumes responsibility for the use of the Platform. This responsibility extends to the registration required to access the Services. In such registration, the User shall be responsible for providing truthful and lawful information.

In the registration process, the User will be required to provide personal data necessary for effective identification, but in no case will a KYC or “Know Your Customer” process be carried out, since it is not necessary to create a Wallet on the platform itself to acquire the NFTs, but only that the User connects their Metamask Wallet. In other words, NFUTCARDS will only provide the Platform, but will not intervene in the transactions carried out within it nor will it act as custodian of cryptographic keys.

In the event of unauthorised access to the User’s account, the User undertakes to notify NFUTCARDS immediately via the means of contact made available to the User and indicated in these Terms and Conditions.

The registration process may also be carried out by accessing the Platform through the following social networks used by the User: Instagram, LinkedIn and Twitter. In such cases, the User agrees that NFUTCARDS may obtain certain personal data from these third parties and process them as agreed in the Privacy Policy.

The User undertakes to make appropriate use of the content and services that NFUTCARDS offers through the Platform and, by way of example but not limitation, not to use them for (i) engaging in activities that are illicit, illegal or contrary to good faith and public order; (ii) disseminating content or propaganda of a racist, xenophobic, pornographic, illegal, in support of terrorism or against human rights; (iii) cause damage to the physical and logical systems of NFUTCARDS, its suppliers or third parties, introduce or disseminate computer viruses or any other physical or logical systems that could cause the aforementioned damage; (iv) attempt to
access and, where appropriate, use the e-mail accounts of other Users and modify or manipulate their messages.

NFUTCARDS reserves the right to interrupt access to the Services at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause. Consequently, NFUTCARDS does not guarantee the reliability, availability or permanent continuity of the Platform or the Services, so that the use of the same by Users is carried out at their own risk, without NFUTCARDS being liable at any time.
NFUTCARDS may at any time be held liable in this regard.

Furthermore, NFUTCARDS assumes no liability whatsoever arising from, by way of example, but not limited to
not limited to:

  • The use made by Users of the materials provided on the Platform, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website itself or third party portals.
  • For possible damages to Users caused by normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the Services and, in general, for errors or problems generated in the development or instrumentation of the technical elements that make up the Service.
  • For the contents of those pages to which Users may access from links included in the Platform.
  • The acts or omissions of third parties, regardless of whether these third parties may be linked to NFUTCARDS by contract.

Similarly, NFUTCARDS excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the content that may cause alterations in computer systems, as well as in the documents or systems stored therein, so NFUTCARDS shall not be liable in any case when they occur:

  • Errors or delays in access to the Services by the User when entering their data in the corresponding form or any anomaly that may arise when these incidents are due to problems in the Internet or Blockchain network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of NFUTCARDS.
  • Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Platform Services will be constantly operational.
  • Errors or damage caused to the website or the application due to inefficient and bad faith use of the Service by the User.
    Non-operability or problems with the email address provided by the User for sending the requested information.

In any case, NFUTCARDS undertakes to solve any problems that may arise and to offer all necessary support to the User to reach a rapid and satisfactory solution to the incident.

Likewise, by accepting these terms and conditions, the User
acknowledges and accepts that:

  • The prices of NFTs and Cryptoassets are extremely volatile.
  • The User is solely responsible for determining what taxes apply to its transactions of NFTs and Cryptoassets.
  • The Service does not in any way involve the storage of Cryptoassets or NFTs. This is because NFTs only exist by virtue of the ownership record maintained on the selected Blockchain. Any transfer of Cryptoassets occurs within the selected Blockchain and not on this Platform.
  • Lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of such ecosystems and related applications, and therefore could also negatively impact the potential utility or value of the NFTs.
  • The regulatory regime governing NFTs is uncertain.
  • The Service will rely on third party platforms (MetaMask), to transact NFTs and Cryptoassets, and the availability of the Service will also depend on them.

NFUTCARDS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS AND SHALL NOT ASSUME ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE TO YOU FOR, ANY USE OF THE CRYPTOASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS OR MISSPELLED WALLET ADDRESSES; (B) SERVER FAILURES OR LOSS OF DATA; (C) CORRUPTED WALLET FILES; (D) UNAUTHORISED ACCESS TO THE APPLICATIONS; (E) ANY UNAUTHORISED THIRD PARTY ACTIVITY, INCLUDING, WITHOUT LIMITATION, THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR THE CRYPTOASSETS.

6.1 Services available
6.1.1 Access to NFTs
Through the connection of the User’s external Metamask Wallet, the User can access the NFTs available on the Platform, which can be purchased in exchange for the BNB or BUSD cryptocurrency.

NFUTCARDS charges a fixed fee on the amount of each transaction between Users. This fee may be modified by NFUTCARDS at any time, however, the modification of this fee will not affect ongoing transactions. The information relating to commissions is detailed below:

6.1.2 Delays. Cancellations.

The User accepts that any type of transaction with Cryptoassets may be subject to delays or cancellations. As far as NFUTCARDS is concerned, and always within the existing limitations, it will make reasonable efforts to ensure that any transaction with NFTs is carried out within 24 working hours of the purchase or sale of NFTs correctly entered into.

6.1.3 Exclusion of warranties and liability with respect to Blockchain. Forks and modifications to Blockchain protocols.

NFUTCARDS does not own or control the underlying software protocols that govern the operation of the Blockchain linked to the Cryptoassets supported by the Platform. Most of these protocols are open source and can be used, copied, modified and distributed by any third party. Consequently, NFUTCARDS assumes no responsibility for the operation of such protocols and does not guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols related to any Cryptoassets it acquires may change. In particular, Users should consider forks with the impact they may eventually have on the value of the Cryptoassets.

In the event of a Fork, the User agrees that NFUTCARDS may temporarily suspend its operations (with or without notice) and, if it deems it necessary, (a) configure or reconfigure its systems or (b) decide not to support (or to stop supporting) a protocol and/or the original and/or the alternative Cryptoasset, provided that the User has the opportunity to withdraw its Cryptoassets from the Platform.

NFUTCARDS will also notify Users of any modifications to the protocols of the Blockchains associated with the Cryptoassets and whose implementation is not possible on the Platform.

The User acknowledges and accepts that NFUTCARDS assumes no responsibility for any consequences in the provision of the Service that may arise in relation to the modification of the Blockchain protocols.

Likewise, the User acknowledges and accepts that transactions made on Blockchain are irreversible once confirmed through the protocol established in each case and that NFUTCARDS does not have the capacity to reverse them once they have been confirmed. The User shall be responsible for properly entering their Wallet and NFUTCARDS shall not be liable for losses as a result of an error in the Wallet, both of the User and of Metamask.

Without this list being exhaustive, the User undertakes to refrain from the following actions, either directly or through a third party:

  • Use the Platform, the Services or any of its contents in a manner or for purposes that NFUTCARDS considers different or contrary to these Terms and Conditions, the law, morality, good customs or public order.
  • Use the Platform to send, reproduce or publish files or any type of information whose content is obscene, abusive, defamatory, libellous, offensive, pornographic, political or contrary to law, morals and good customs, or which contains malicious software such as viruses, worms or which contains any other feature capable of destroying or damaging the operation of an electronic device, the Platform, or the systems or servers of NFUTCARDS, or of a third party.
  • Use the Platform to send, reproduce or publish files in violation of third party intellectual property rights.
  • Exploit or exploit an attack on the Platform, or a vulnerability or bug in the Platform, for your own or a third party’s benefit.
  • Use the Platform on behalf of or for the account of any third party (except as set out in these Terms and Conditions) or permit any person other than the User (including, without limitation, by way of assignment, licence or transfer) to use your account and the Services associated with your account.
  • Use automatic or manual programs, software or devices to monitor or copy the information or any content or element of the Platform.
  • Link the Platform or the Services in any way to unsolicited promotions, political campaigns or commercial messages (SPAM) or to any chain letters or messages with untruthful content for personal or third party gain.
  • Carry out actions that restrict, deny or prevent third parties from accessing and using the Platform, as well as the content and services offered through it.
  • Attempt to breach any authentication and security systems of the Platform.
  • Attempt to obtain any kind of material or content accessible through the Platform using procedures or means other than those which, as the case may be, have been expressly indicated or made available to the User.
  • Include frames, links, deep links, or links to the Platform, whether from other websites or from any software or electronic device.
  • Take any action that imposes a disproportionate or unreasonable burden on the technological infrastructure of the Platform.
  • Use meta tags or any other type of hidden text with the name “NFUTCARDS”, or any other name or trade name and/or intellectual property rights belonging to or owned by NFUTCARDS.


NFUTCARDS reserves the right to deny or withdraw access to the Platform and/or the services offered therein without prior notice to those Users who carry out any of the actions indicated in this section.

The User may request the cancellation of his/her user account through the Platform, or via email to support@nfutcards.com only from the email address with which he/she registered.

NFUTCARDS reserves the right to request proof and/or additional information in order to corroborate the veracity of the cancellation request and the information provided by the User.

Regarding the period of conservation of the User’s personal data, they are permanently available in the Privacy Policy.

In line with the provisions of these Terms and Conditions, NFUTCARDS assumes that any movements made in the User’s external Wallet, have been made by the User, so that the User acknowledges and agrees to be solely responsible for the use made of their Metamask Wallet and their account on the Platform and the consequences and direct and indirect damages arising therefrom.

In the event that the User detects that his account has been attacked, he must notify NFUTCARDS as soon as possible to proceed to block the account by sending an email to the following email address: support@nfutcards.com

If the User forgets or loses their password, they may recover it by the means available through the Platform, or contact NFUTCARDS by email at the following address: support@nfutcards.com.

Pursuant to article 103 of Law 3/2014 of 27 March, the transactions covered by these terms and conditions are excluded from the right of withdrawal.

NFUTCARDS may at any time modify the terms and conditions set forth herein, being duly published on the Platform and/or, at the sole discretion of NFUTCARDS, by notifying the Users thereof by e-mail.

The use of the Platform by the User from the notification of the modification of these Terms and Conditions shall constitute full acceptance of the same by the User; if the User does not agree with the new terms, the User must stop using the Platform.

All content on the Platform, including without limitation the design of its screens, promotional materials, trademarks, trade names, trade dress, text, graphics, logos, images, icons, buttons, videos, sounds, music, databases, source code, software and colour combinations (hereinafter, the “Content”), is owned by NFUTCARDS or its licensors.

The Content may not be reproduced, modified, transformed, edited, translated, transferred, distributed, represented, marketed, publicly communicated, stored, used for purposes other than those provided for in these Terms, or be the subject of derivative works, without the prior written authorisation of the rights holder.

The fact that the User may access the Platform does not grant the User any licence, right or ownership of any industrial or intellectual property rights over all or any portion of the Content. Users are granted only a non-exclusive, revocable, limited licence to access and use the Platform in accordance with these Terms and Conditions.

If the User considers that the Platform or the Content violates any intellectual property rights of third parties, he/she must notify NFUTCARDS at the address indicated in these Terms and Conditions, accompanied by all necessary information and documentation to support such consideration.

In accordance with the provisions of the General Regulation on the Protection of Personal Data and other applicable regulations on the subject, we inform you that the personal data provided by the User through the Platform or by sending emails, will be processed by NFUTCARDS as responsible for the processing in order to carry out the registration of Users, carry out the transactions requested, address the doubts of the Users, as well as receive periodic notifications through electronic means. Users can find more information on the processing of their data in the privacy policy, which must be read and understood in order to use the Services.

NFUTCARDS undertakes to comply with the obligation of secrecy of personal data, and has therefore adopted the necessary measures to prevent its alteration, loss, unauthorised processing or access, taking into account the state of technology at all times.

On the other hand, NFUTCARDS informs that by visiting its Platform (without carrying out the registration process by the User) no personal data that identifies a user is automatically recorded, on the other hand there is certain information of a non-personal nature and not identifiable with a specific user that is collected during the live session through devices called “cookies” that allow us to obtain statistical information on the use of the Platform in order to then be able to make improvements. All Users must accept, reject or configure cookies to browse the Platform through the pop-up banner when entering the Platform. For more information, please see our cookie policy.

The acquisition of NFTs is recorded on the Blockchain.

Public blockchains operate like ledgers, intended to immutably record transactions on networks of computer systems. Many of these public Blockchains allow forensic analysis that can lead to de-anonymisation and inadvertent disclosure of private financial information, especially when blockchain data is combined with other data.

As blockchains are decentralised or third party networks that are not controlled or operated by NFUTCARDS, we cannot delete, modify or alter personal data on such networks. For more information you can consult our privacy policy.

Translated with www.DeepL.com/Translator (free version)

For any interpretative or litigious issues related to the Website or the Application, Spanish law shall apply and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Alicante (Spain), waiving any other jurisdiction to which they may be entitled, provided that the dispute is not related to any financial transaction, which shall be resolved through the jurisdiction of the Courts and Tribunals of the domicile of the consumer or by filing the appropriate claim by filling in the following electronic form: http://ec.europa.eu/consumers/odr/

In the event that there are links or hyperlinks to other Internet sites, NFUTCARDS shall not exercise any control over such sites and content. Under no circumstances will NFUTCARDS assume any responsibility for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, truthfulness, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites.  Likewise, the inclusion of these external connections shall not imply any type of association, merger or participation with the connected entities.

The introduction of hyperlinks for commercial purposes on websites not belonging to NFUTCARDS that allow access to the Platform is expressly prohibited without the express consent of NFUTCARDS. In any case, the existence of hyperlinks on websites outside NFUTCARDS shall in no case imply the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by NFUTCARDS.

Translated with www.DeepL.com/Translator (free version)

In the event that one or more clauses of these Terms and Conditions are declared null and void by any competent authority or judicial body, such nullity shall not affect the validity of the remaining clauses, which shall remain in full force and effect.

The User may not assign its contractual position, this contract, or any of its rights or obligations hereunder to any third party.

The User expressly consents to be notified or informed by electronic means of all information relating to his or her User status, account and use of the Platform.

With your consent, we send push notifications to your mobile device to provide information about NFT quote changes, Service updates, promotional communications and other related messages. You may disable push notifications by changing your notification settings through your device with which you access the Platform.

NFUTCARDS has a user support service, Monday to Friday from 9 a.m. to 3 p.m., by sending an e-mail to the following address: support@nfutcards.com