Terms & Conditions

Last Updated: March 25, 2026

IMPORTANT NOTICE: These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OpenWave NFT ("we," "us," "our," or the "Platform") regarding your access to and use of the OpenWave NFT marketplace and related services. By accessing, connecting your wallet, minting, buying, selling, or otherwise using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease using our services.

1. Definitions and Interpretation

   1. "NFT" means a non-fungible token representing ownership of a unique digital asset, minted and recorded on a blockchain.
   2. "Smart Contract" means self-executing code deployed on a blockchain that facilitates the creation, transfer, and management of NFTs.
   3. "Wallet" means a digital cryptocurrency wallet used to store private keys and interact with blockchain networks.
   4. "Creator" means a user who mints, creates, or lists NFTs on the Platform.
   5. "Collector" means a user who purchases, owns, or trades NFTs on the Platform.
   6. "Gas Fees" means transaction fees paid to blockchain network validators.
   7. "Platform Fees" means fees charged by OpenWave NFT for using our marketplace services.

2. Eligibility and Account Registration

   1. You must be at least 18 years old to use our Platform. By using our services, you represent and warrant that you meet this age requirement.
   2. You must provide accurate, current, and complete information when creating an account.
   3. You are solely responsible for maintaining the confidentiality of your account credentials and wallet private keys.
   4. You agree to immediately notify us of any unauthorized access to or use of your account.
   5. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, illegal, or harmful activities.
   6. Prohibited Jurisdictions: Users from countries subject to international sanctions or where NFT trading is prohibited by law are not permitted to use our Platform.

3. NFT Minting and Intellectual Property

   1. Creator Representations: By minting an NFT, you represent and warrant that:
      1. You own or have obtained all necessary rights, licenses, and permissions to the underlying digital asset
      2. The content does not infringe upon any third-party intellectual property rights
      3. The content does not violate any applicable laws or regulations
      4. The content is not defamatory, obscene, harmful, or discriminatory
   2. Intellectual Property Ownership:
      1. When you purchase an NFT, you acquire ownership of the blockchain token representing the digital asset.
      2. Unless explicitly stated otherwise, purchasing an NFT does NOT grant you copyright, trademark, or other intellectual property rights to the underlying artwork or content.
      3. The Creator retains all intellectual property rights not expressly granted to the Collector.
      4. Any commercial use rights are determined by the specific license terms attached to each NFT collection.
   3. License Grant: Subject to your continued compliance with these Terms, OpenWave NFT grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Platform.

4. Fees, Payments, and Royalties

   1. Platform Fees: We charge fees for minting, buying, and selling NFTs. Current fee schedules are posted on our Platform and may be updated periodically.
   2. Gas Fees: All blockchain transactions require payment of Gas Fees to network validators. These fees are non-refundable and vary based on network congestion.
   3. Creator Royalties: Creators may set royalty percentages for secondary sales. These royalties are automatically enforced through smart contracts and deducted from sale proceeds.
   4. Payment Processing: All payments are processed through blockchain networks using supported cryptocurrencies. We do not accept fiat currency directly.
   5. No Refunds: Due to the immutable nature of blockchain transactions, all sales are final. We do not offer refunds except as required by applicable law.

5. Prohibited Activities

   1. You agree NOT to use our Platform to:
      1. Violate any applicable laws, regulations, or sanctions
      2. Infringe upon intellectual property rights or privacy rights of others
      3. Distribute malware, viruses, or harmful code
      4. Engage in market manipulation, wash trading, or artificial price inflation
      5. Create, sell, or promote NFTs depicting illegal content, hate speech, violence, or explicit adult material
      6. Impersonate any person or entity or misrepresent your affiliation
      7. Interfere with or disrupt the Platform's infrastructure or security
      8. Use automated systems (bots) to gain unfair advantage
      9. Engage in money laundering, terrorist financing, or other illicit financial activities
   2. We reserve the right to remove any content or NFT listings that violate these prohibitions and to suspend or terminate offending accounts.

6. Blockchain Risks and Disclaimers

   1. Technology Risks: You acknowledge that blockchain technology, smart contracts, and NFTs are experimental and subject to risks including:
      1. Smart contract vulnerabilities or bugs
      2. Blockchain network congestion and high transaction fees
      3. Irreversibility of blockchain transactions
      4. Potential loss of access to NFTs due to lost private keys
      5. Regulatory uncertainty and potential changes in law
      6. Price volatility of cryptocurrencies and NFTs
   2. No Financial Advice: Nothing on our Platform constitutes financial, investment, or legal advice. NFTs are speculative assets. You are solely responsible for your purchasing decisions.
   3. Platform Availability: We do not guarantee uninterrupted access to our Platform and reserve the right to modify, suspend, or discontinue services.

7. Limitation of Liability

   1. To the maximum extent permitted by applicable law, OpenWave NFT and its affiliates, officers, employees, and agents shall not be liable for:
      1. Any indirect, incidental, special, consequential, or punitive damages
      2. Loss of profits, revenue, data, or goodwill
      3. Loss of NFTs due to wallet compromise, lost keys, or user error
      4. Failures, errors, or delays in blockchain networks
      5. Actions or content of third-party users
      6. Any damages exceeding the amount you paid to us in the 12 months preceding the claim
   2. This limitation applies regardless of the legal theory (contract, tort, strict liability, or otherwise) even if we were advised of the possibility of such damages.

8. Indemnification

   1. You agree to indemnify, defend, and hold harmless OpenWave NFT and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
      1. Your use of the Platform
      2. Your violation of these Terms
      3. Your violation of any rights of another party
      4. Content you upload, mint, or sell
      5. Your negligent or willful misconduct

9. Dispute Resolution and Arbitration

   1. Governing Law: These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.
   2. Arbitration Agreement: Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall be conducted in [City, Country].
   3. Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions, collective proceedings, or representative actions.
   4. Injunctive Relief: Notwithstanding the above, either party may seek injunctive or other equitable relief in court to prevent irreparable harm.

10. Modifications to Terms

    1. We reserve the right to modify these Terms at any time. Material changes will be notified through:
       1. Email notification to registered users
       2. Prominent notice on our Platform
       3. Updated "Last Updated" date at the top of this document
    2. Your continued use of the Platform after changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using our services.

11. Termination

    1. We may suspend or terminate your access to the Platform immediately, without prior notice or liability, for any reason, including breach of these Terms.
    2. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
    3. Termination does not affect ownership of NFTs already recorded on the blockchain, though access to Platform features may be restricted.

12. Miscellaneous

    1. Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force.
    2. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpenWave NFT.
    3. Waiver: Our failure to enforce any right or provision does not constitute a waiver of such right.
    4. Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
    5. Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.

13. Contact Information

    1. For questions about these Terms, please contact us:
    2. Email: support@openwavenft.com
    3. Address: OpenWave NFT, Legal Department, 123 Blockchain Avenue, Tech City, TC 12345

BY CLICKING "I AGREE," CONNECTING YOUR WALLET, OR USING OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.