Terms of Service

Updated: June 3rd 2024

The Terms of Use encompass the Privacy Policy along with additional terms, guidelines, and rules outlined on the Services, all of which are incorporated by reference into these Terms. By accessing or using the Services, including signing up for an account, connecting your cryptocurrency wallet (e.g., MetaMask, WalletConnect...) to the Services, or any other form of usage, you explicitly acknowledge and agree to abide by these Terms.

By agreeing to these Terms, you affirm that you are at least 18 years old. If you do not consent to these Terms, you are prohibited from accessing the Site or using the App.

It is crucial to carefully read these Terms as they include an agreement to arbitrate and other vital information regarding your legal rights, remedies, and obligations. The arbitration agreement mandates, with limited exceptions, the submission of claims against us to binding and final arbitration. Additionally, you are restricted to pursuing claims against NFTIES on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. Furthermore, relief (monetary, injunctive, declaratory) can only be sought on an individual basis, and there may be limitations on having your claims resolved by a jury or in a court of law.

We retain the right, at our discretion, to modify or change portions of these Terms at any time. In such cases, we will post the changes on this page, indicating the date of the last revision at the top. Notification of changes may also be provided through the Website, email, or the App. Any modifications become effective immediately, and your continued use of the Services post the effective date signifies your acceptance of the updated Terms of Use.

1. SERVICES DESCRIPTION
NFTIES provides proprietary software through our App, allowing users to comprehend and monitor non-fungible tokens (NFTs). The App enables users to aggregate their electronic wallets compatible with the Ethereum blockchain, facilitating portfolio management, tracking trade activity, and exploring new NFT collections.

NFTIES's Discord serves as a community hub for NFT holders, providing a platform for users to discuss NFTs and engage with the NFTIES team regarding the Services. In addition to these Terms of Service, your use of our Discord is governed by the terms and conditions of Discord's platform.

The Services are exclusively available to individuals aged 18 years or older. If you are 18 or older but below the age of majority in your jurisdiction, it is advised to review these Terms of Service with your parent or guardian to ensure comprehension. Users under the age of 18 may only use the Services with the consent of their parent or guardian. NFTIES retains the right to modify or discontinue the Services, either temporarily or permanently, with or without notice. You acknowledge and agree that NFTIES shall not be held liable to you or any third party for any modification, suspension, or discontinuance of the Services.

2. USER ACCOUNT
You are accountable for maintaining the confidentiality of your account and password, if applicable, and bear full responsibility for any and all activities taking place under your password or account.

Your account usage should be limited to personal, non-commercial purposes. When creating an account, it is imperative that you furnish complete and accurate information. Impersonation of others, creation or utilization of accounts for anyone other than yourself, provision of a disposable email address, or the establishment of multiple accounts is strictly prohibited. We retain the right to revoke and reclaim usernames not in compliance with this policy.

Upon creating an account, you consent to receiving communications related to the Services. These communications may be transmitted through in-app notifications, email, text messages, social media, or any other designated means.

3. IN-APP PURCHASES
The Apps may feature certain additional content and features accessible through in-app purchases.

All prices are displayed in U.S. dollars and are subject to change without prior notice.

All in-app purchases made within NFTIES are deemed final and non-refundable. It is important to note that specific purchases may be governed by the refund policies of the platform from which the purchase was made, such as the Apple App Store or Google Play Store. In such instances, any refund requests should be directed to the respective platform.

NFTIES retains the authority to modify the pricing of any in-app purchases offered at any time and without prior notification. In the case of in-app purchases involving recurring charges or subscription fees, any adjustments to such fees will be communicated to users at least 30 days in advance. By continuing to use NFTIES after the effective date of a price change, you implicitly agree to the updated pricing.

4. CONTENT
NFTIES Content encompasses text, images, photos, audio, video, location data, and all other forms of data or communication through our Website, Apps, or Discord. Your Content refers to content that you submit or transmit to, through, or in connection with the Apps or Discord, such as messages and information publicly displayed or featured in your account profile in connection with the Apps. Third-Party Content pertains to content originating from entities other than NFTIES and its Users.

You retain full ownership rights to Your Content. However, we reserve the right to use Your Content in various ways, including public display, reformatting, incorporation into advertisements and other works, promotion, and distribution. Even if Your Content is removed from the Apps, NFTIES may retain it in backups indefinitely. By submitting Your Content to NFTIES, you grant NFTIES a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Apps, including promoting and redistributing part or all of the Apps in any Other Media. Additionally, you grant each user of the Apps a non-exclusive license to access Your Content through the Apps and to use, display, reproduce, distribute, modify, analyze, and perform such content as permitted through the functionality of the Apps. You irrevocably waive any claims and assertions of moral rights or attribution against NFTIES and its Users with respect to Your Content.

5. CONNECTING YOUR WALLET
To utilize certain aspects of the Services, it is imperative to link your digital wallet (e.g., MetaMask, WalletConnect) to the NFTIES App. The association between your digital wallet and NFTIES operates in "Read Only" mode. Consequently, NFTIES bears no responsibility or liability for any unauthorized access to your digital wallet.

6. DISCORD
You acknowledge and consent that your communications on Discord constitute public and not private communications, with no expectation of privacy. It is recognized that personal information shared on Discord may be viewed and utilized by others, potentially leading to unsolicited communications. Consequently, NFTIES strongly advises against disclosing any personal information about yourself in your communications.

NFTIES holds no obligation to monitor the posts on the Discord server. You acknowledge and agree that NFTIES retains the right to alter, edit, or remove any message.

7. INFORMATION ACCURACY
While we strive to deliver accurate information through our Services, Website, and Apps, it may not always be entirely precise, complete, and may contain typographical errors. Consequently, it is advisable to verify all information before relying on it, and any decisions based on information from the NFTIES Website or App are solely your responsibility.

Information provided by third parties, including historical price and supply data for Digital Assets, is intended for informational purposes only, and NFTIES makes no representations or warranties regarding its accuracy. You acknowledge and agree that NFTIES assumes no responsibility for any aspect of the information, content, or services contained in third-party materials or on any third-party websites accessible or linked to the Services.

8. NFTIES INTELLECTUAL PROPERTY RIGHTS
You recognize and consent that the Services may encompass content or features protected by copyright, patent, trademark, or other proprietary rights and laws. Unless expressly authorized by NFTIES, you agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or generate derivative works based on the Services or its Content, whether in whole or in part. Any utilization of the Services or its Content beyond the explicit authorization herein is strictly prohibited. NFITES’s name and logos are trademarks.

9. INVESTMENT RISKS
The information presented on this Website, App, and Discord, along with any details provided in connection with the Services, does not constitute investment advice or a recommendation to engage in buying, selling, or transacting. The information on this Website and any details provided in connection with the Services are offered with the understanding that you will autonomously make your investment and trading decisions. It is strongly advised that you seek professional investment advice before finalizing any investment decision.

Purchasing and holding digital assets involve inherent risks. The potential loss of the entire purchase price is conceivable. High volatility is likely, and some protocols and platforms may face complete failure due to forking, code flaws, hacking, or other malicious or phishing attacks.

10. LIMITATION OF LIABILITY
The Services are presented on an "as is" and "as available" basis without any warranties of any kind, including an assurance that the Services will operate error-free. Without limiting the generality of the foregoing, we do not assert or guarantee that: (I) your access to or use of the Services will meet your requirements; (II) your access to or use of the Services will be uninterrupted, timely, secure, or free from error; (III) data provided through the Services will be accurate; or (IV) any data you disclose when using the Services will be secure.

The Services may include technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical or technical errors listed on the Services. We reserve the right to make changes, corrections, and/or improvements to the Services at any time without notice.

You acknowledge the inherent security risks of providing information and transacting online over the Internet and agree that we bear no liability or responsibility for any breach of security.

The information on our site and any details provided in connection with the Services are for informational purposes only and should not be construed as investment advice or a recommendation to buy, sell, or otherwise transact in any digital asset. It is strongly recommended that you seek professional investment advice before making any investment decision. Any investment decision you make should be based on an assessment of your risks in consultation with your investment adviser.

The digital assets about which information is provided on the site and any details provided in connection with the Services are not considered by the issuer or sponsor of such digital assets, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws.

11. TERMINATION RIGHTS
You acknowledge and consent that NFTIES, at its sole discretion, reserves the right to suspend or terminate your account or remove any content within the Services, for any reason, including, but not limited to, lack of use or if NFTIES believes you have breached these Terms. NFTIES may, at its sole discretion and at any time, decide to discontinue providing the Services or any part thereof, with or without notice. You agree that any termination of your access to the Services pursuant to any provision of these Terms may occur without prior notice. Furthermore, you recognize and agree that NFTIES may promptly deactivate or delete your account along with all associated information.

12. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, disregarding its conflict of law provisions. For any disputes or claims not subject to arbitration, as outlined above, both you and NFTIES agree to submit to the personal and exclusive jurisdiction of the state and federal courts situated within Los Angeles, CA.

Privacy Policy

Updated: June 3rd 2024

Please carefully review this Privacy Policy before accessing and utilizing the NFTIES Services. By using the Services, you consent to be bound by its terms. We reserve the right to modify this Privacy Policy at any time, with or without notice to you. It is advisable to regularly check back to this Privacy Policy for updates. If you have any questions concerning this Privacy Policy, please contact us via email at contact@nfties.app.

1. INFORMATION WE COLLECT AND RECEIVE
As part of delivering the Services, we will gather the following categories of information, for which you grant us authorization:

Profile: Upon creating an account, we collect information such as your name, email, and any other details you provide.

Activity: Automatically gathered information when using the App and Discord, including, but not limited to: IP addresses; browser type and language; visited pages and URLs; date and time; mobile device information; carrier and country location; activity and usage details.

Cookie: We utilize cookies to retain information about your visit and enhance your App and Discord experience. You may have the option to disable cookie usage in your Internet browser, but this could impact the proper functioning of the App and Discord Channels.

Geolocation: Certain App functionalities may rely on your location. To enable these features, we may, with your consent, automatically collect your geolocation from your mobile device or wireless carrier. You have the choice to permit or deny the App from collecting your location through your device's privacy settings. Opting out of location services may disable related features.

Third-Party Analytics: We employ third-party analytics services to assess your App and Discord usage. These services use cookies and other technologies to analyze and provide data. By accessing and using the App and Discord, you consent to these analytics providers processing data about you.

User Content: User Content, as defined in our Terms of Service, encompasses data, content, and other information you may submit to the App or Discord. This includes user chats and messages. We may access User Content to enhance our Services and for lawful purposes.

2. YOUR DATA
We utilize Your Data for the purposes outlined in this Privacy Policy. We do not share your data except with your explicit consent, as permitted by law, or as outlined in this Privacy Policy.

Your Data: The information within your Profile is utilized to retain details about your preferences.

User Content: When you post information to the Services, it is transmitted to others at your own risk and may be collected and utilized by third parties, including us, without limitations.

Miscellaneous: You authorize us to utilize and/or share Your Data as detailed below:

- Providers, Agents, and Other Third Parties: We may enlist other companies and individuals to perform specific business functions, such as technical support, customer service, or marketing assistance.
- Marketing: In compliance with applicable law, we may use Your Data for marketing purposes, including informing you about our products and services, as well as those of our third-party marketing partners that may interest you.
- Aggregated Information: To continually enhance our understanding of Services users, we may analyze Your Data to manage, maintain, and improve the Services.
- Business Transfers: In the event of a corporate sale, merger, or asset sale, Your Data may be included as part of the transferred assets.
- Legal Requirements: We may disclose Your Data when mandated by law enforcement or regulatory agencies.

3. ACCESSING AND MODIFYING INFORMATION
You have the ability to access, remove, review, and make changes to your information within the Profile section of the App. For any further inquiries, feel free to reach out to us at contact@nfties.app.

4. COMMUNICATION PREFERENCES
You can opt to receive our newsletter directly within the Profile section of the App. To discontinue receiving our newsletter, simply unsubscribe from the Profile section by clicking the unsubscribe link located at the bottom.

5. EXTERNAL SITES
Our App or Discord may contain links to external websites. NFTIES holds no responsibility and exercises no control over the privacy policy and content of these websites.

6. DATA SECURITY AND RETENTION
We take reasonable measures to safeguard Your Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, while we strive to maintain high security standards, no security system is entirely impenetrable. Thus, we cannot guarantee the absolute security of our databases or those of the third parties with whom we may share such information, nor can we ensure that the information you transmit over the internet will not be intercepted. Your Data is retained for as long as you maintain an account. We may retain Your Data for longer periods to comply with legal obligations or as permitted or required by applicable law.

7. SERVERS
The Services and our servers are operated in the United States and Europe. Please note that any information you provide may be transferred to jurisdictions where privacy laws may not offer the same level of protection as those in your jurisdiction. If you are an EU resident, you may have additional rights under the GDPR regarding Your Data. We process Your Data to deliver our services in accordance with the Terms of Use. You have the option to withdraw your consent at any time by contacting us via email at contact@nties.app with the subject line "GDPR." Additionally, you have the right to file a complaint about the processing of Your Data with a supervisory authority of the European Union. For further information, please visit: https://commission.europa.eu/law/law-topic/data-protection_en.