The website located at https://www.nfd.gg/ is published, owned, and operated by NFD Labs, Inc., its affiliates and related entities (“NFD Labs”, “NFD Labs Platform”, “NFD.gg”, “Company,” “we,” “us,” and “our”). These Terms of Use (the “Terms”) govern the user’s (“User” “you” “your”) access to and use of the website whether accessed via computer, mobile device or otherwise (individually and collectively, the “Website,”) as well as any products and services provided by NFD Labs, Inc. (the “NFD Labs Service”) (the Website, together with the NFD Labs Service, collectively referred to as the “Service”).

These terms of service set forth the legally binding terms and conditions that govern your use of the service, and all related tools, mobile applications, web applications, decentralized applications, smart contracts, and application programming interfaces (“APIs”) located at any of NFD Labs websites, including without limitation, successor website(s) or application(s) thereto (collectively, the “platform”). These terms set out your rights and responsibilities when you use the platform for any purpose, including but not limited to viewing market data for NFTs. by using the services or accessing the platform in any manner, you accept and agree to be bound and abide by these terms and all of the terms incorporated herein by reference. by agreeing to these terms, you hereby certify that you are at least 18 years of age. if you do not agree to these terms of use, you may not access or use the site or the platform. Please be aware that these terms of service require the use of arbitration (section 13.4) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. By accessing, browsing, submitting information to and/or using the Website, or by signing into the website using a Wallet you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference, and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. Accordingly, under Article 6 of the General Data Protection Regulation, or “GDPR,” users in the European Union acknowledge and consent to our processing of personal data as necessary for the performance of these Terms, any applicable agreements, and use of the Website. If you do not agree to the Terms, please do not use the Website. The Terms of Service are referred to herein as the “Agreement.”


NFD Labs reserves the right to amend this Agreement, NFD Labs's Privacy Policy described in Section 5 below, or the NFD Labs E-Sign Consent Agreement described in Section 7 below, at any time with reasonable notice, as determined by NFD Labs in its sole discretion. NFD Labs will post notice of any amendment on the Service. You should check this Agreement, and NFD Labs's Privacy Policy regularly for updates. By continuing to use the Platform or Service after such notice is provided, you accept and agree to such amendments. If you do not agree to any amendment to any of these agreements, you must stop using the Platform and Service. If you have any questions about the terms and conditions in this Agreement, NFD Labs's Privacy Policy or the NFD Labs E-Sign Consent Agreement, please contact us at support@nfdlabs.com

Defined Terms. Unless the context requires otherwise, capitalized terms in this Agreement shall have the following meanings:

• “Affiliate” means, with respect to a party, any person, firm, corporation, partnership (including, without limitation, general partnerships, limited partnerships, and limited liability partnerships), limited liability company, or other entity that now or in the future, directly controls, is controlled with or by or is under common control with such party.

• “Applicable Law” means all federal and state laws, as the same may be amended and in effect from time to time during the Term.

• “Business Day” means any day (other than a Saturday, Sunday, or legal holiday) on which federally-insured financial institutions in the State of Wyoming are permitted to be open to conduct substantially all of their business.

• “Profile Information” means the information you provide to us to register for the Service, including as applicable, Wallet address, name and address, as well as the username and password that allow you to access the Service, as such information shall change from time to time.

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• “Wallet” means an Ethereum/Web3 electronic wallet, which allows Users to purchase and store cryptocurrencies, and sign/engage in transactions on the Ethereum (and other EVM compatible) Blockchain.

  
  

  Interpretation

  References to Sections and Appendices are to be construed as references to the Sections of, and Appendices to, this Agreement, unless otherwise indicated. The singular includes the plural, and the plural includes the singular. All references to hereof, herein, hereunder and other similar compounds of the word here shall mean and refer to this Agreement as a whole rather than any particular part of the same. The terms include and including are not limiting. Unless designated as Business Days, all references to days shall mean calendar days. The use of the word “including” in this Agreement to refer to specific examples will be construed to mean “including, without limitation” or “including but not limited to” and will not be construed to mean that the examples given are an exclusive list of the topics covered. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.
  
  Purpose of the Website. The Website is provided for the purpose of allowing Users to register for the NFD Trading Bot. The Service, and the Platform are for educational purposes only and are not meant to provide any financial advice or indicate any trading opportunity. NFD Labs does not warrant the accuracy, completeness, or usefulness of any information on the Platform on in the Services at any particular time. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Website, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by the Company through the Website shall be handled in accordance with the Website's Privacy Policy.
  Use of the Website. The Company grants you a non-exclusive license to access and use the Platform including the Website and the data, material, content, or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Website shall be limited to the purposes described in these Terms unless you are otherwise expressly authorized by the Company to use the Website for your own commercial purposes. You agree to use the Website only for lawful purposes, comply with all rules governing any transactions on and through the Website and comply with applicable laws.
  USERS

• Standard Users. NFD Labs provides its “standard” access to all Users. All Users who do not pay for Premium Access are “Standard Users.” Standard Users will have limited data and refresh rates and do not have access to the same features as the Premium Users.

• Premium Users. Users who pay for premium content will have access to more features than Standard Users. All Users who pay for premium content are Premium Users.” Initially, Users can become Premium users by paying either (1) in USD via debit or credit card or (2) in $ETH through their Wallets (“Premium Fee”). Premium Users may choose to pay the Premium Fee monthly or semiannually. Debit or credit payments will be charged automatically upon monthly or semi annual renewal, as applicable. Users are under no obligation to renew. The Company reserves the right to change the cost of the Premium Fee at any time, without notification.

  • Monthly Premium. This point will be added as soon as the "Premium" subscription is implemented.

  • Semiannual Premium. This point will be added as soon as the "Premium" subscription is implemented.

  • PREMIUM FEES PAID IN ETH ARE NON-REFUNDABLE. Upon a written request by a User, Premium Fees paid by debit or credit card may be refundable in Company's sole discretion.

• Temporary Premium User Promotions. Company may choose to run promotions that grant Premium User status to members of various NFT's communities (“Premium User Promotions”). Such Premium User Promotions are entirely discretionary and may be commenced and terminated at any time in the Company's sole discretion. Premium Users who are also holders of NFTs subject to Premium User Promotions will not receive any additional access or benefits and are not entitled to any refund of Premium Fees previously tendered.

• User Account Responsibility. User understands and agrees that it is solely responsible for maintaining the security of User’s account and control over any usernames, passwords, public and/or private keys, or any other codes that User uses to access the Service. If you are given or create a password to access the Platform, you are responsible for maintaining the confidentiality of your account and your password. If you use a Wallet to access the Platform, NFD Labs has no way of granting you access to the site if you lose access to, or control of, your Wallet. You are responsible for all activities that occur under your account, and you agree to notify the Company immediately of any suspected unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account, Wallet. or your password. Any unauthorized access to your account by third parties could result in the loss or theft of funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s).

• Additional Considerations
  Transactions Are Recorded on the Public Blockchains. Transactions that take place on the Platform are managed and confirmed via public blockchains including but not limited to the Ethereum blockchain. The User understands that its public address on the relevant blockchain will be made publicly visible whenever it engages in a transaction on the Platform. We neither own nor control MetaMask, or any other Wallet, the Ethereum network, or any other blockchain network We choose to interface with, or any other third-party site, product, or service that Users might access, visit, or use for the purpose of enabling the user to access and utilize the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that a
  User may suffer as a result of its transactions or any other interaction with any such third parties.

• Gas. All transactions on the Platform are facilitated by smart contracts existing on a blockchain network. Blockchain networks generally require the payment of a transaction fee for every transaction. For example, the Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Platform through the Ethereum network. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Company or the Platform. User acknowledges that under no circumstances will a transaction on the Platform, including payment of the Premium Fee be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to User. 6.2 Our Use of Account Information. Premium Users authorize us to use the account information for all purposes related to the Service, provided that such access shall be used solely for the purpose of providing the Service.

• License
  Subject to this Agreement, NFD Labs grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own use, and solely as permitted by and in compliance with the Terms and Applicable Law. Such limited license may be revoked at any time in NFD Labs's sole discretion.
  Prohibitions and Restrictions
  Prohibited Uses. You agree that you will not:

• Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of it;

• Attempt to gain unauthorized access to any Website account, computer systems or networks associated with the Company or the Website

• Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided by the Company

• Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmfu

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attac

• Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)

• License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service

• Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service

• Access the Service in order to build a similar or competitive website, product, or service

• Restrictions. Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You will not use the Website or Service for any illegal purpose.
  Modification
  NFD Labs reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that NFD Labs will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof
  No Support or Maintenance
  You acknowledge and agree that NFD Labs will have no obligation to provide you with any support or maintenance in connection with the Website or Services
  Account Suspension
  User agrees that Company has the right to immediately pause or cancel User's access to the Services, Website, and the Platform if Company suspects, in its sole discretion, that (i) User's account is being used for any illegal activity; (ii) User has engaged in fraudulent activity; or (iii) User has engaged in transactions in violation of these Terms of Use

RISK
User Acknowledges the Risk of Cryptocurrency and Smart Contracts. You represent and warrant that you understand and are willing to accept the risks associated with cryptographic systems such as smart contracts, public blockchain networks (including but not limited to the ethereum blockchain network), non-fungible tokens, and the interplanetary file system.

• The Company is not responsible for technical errors on any blockchain. company is not responsible for losses due to blockchains or any other features of the ethereum network or any other blockchain network company may interface with, or the metamask wallet or any similar browser or wallet on any blockchain network including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the ethereum network or any other blockchain network company may interface with, including forks, technical node issues, or any other issues having fund losses as a result. Upgrades to the Ethereum platform or any other blockchain network with which Company may interface, a hard fork in any such platform, or a change in how transactions are confirmed on any such platform may have unintended, adverse effects on all blockchains using the ERC-20, ERC-721, or ERC-1155 standards, including the NFD Labs ecosystem

• The User Acknowledges the Risks of the Platform. You acknowledge that the Platform is subject to flaws and acknowledge that you are solely responsible for evaluating any information provided by the Platform. This warning and others provided in this Agreement by Company in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. The Company will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack

• Company Does Not Make Any Representations Regarding the Value of NFTs or Other Digital Assets. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of NFTs, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development, potential utility, or value of NFTs. The Platform, ETH, NFTs, and other digital assets could be impacted by one or more regulatory inquiries or regulatory action. For all of the foregoing reasons, as well as for reasons that may not presently be known to the Company, the Company makes absolutely no representations or warranties of any kind regarding the value of NFTs or other digital assets.

• User Acknowledges Financial Risk of Digital Assets. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Platform, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted via any digital asset. Under no circumstances shall the Company be liable in connection with your use of the Platform in connection with your performance of any digital asset transactions. Under no circumstances will the operation of all or any portion of the Platform be deemed to create a relationship that includes the provision or tendering of investment advice. User acknowledges and agrees that Company is not a party to any agreement or transaction between one or more Users and/or third-parties involving the purchase, sale, charge, or transfer of NFTs.

• Violations by Other Users. User irrevocably releases, acquits, and forever discharges Company and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another user's violation of these Terms.