1. The Service.

The NFTpay NFT distribution platform (the “NFT Platform”) is a feature offering the resale of non-fungible tokens (i.e., a unique cryptographic hash) and customized content (“Collectibles”) that is linked to non-fungible tokens and registered on a blockchain (the Collectible and associated non-fungible token, collectively, an “NFT”) to customers (the “Customers”) of NFTs and Digital Collectibles, which can be purchased using cryptocurrency (USDC) or credit card through the Circle Payment API payment platform. The NFTpay NFT Platform is wholly owned and controlled by NFTpay, Inc., a Delaware corporation.

2. Availability of Third-Party Services.

The proper functioning of NFTpay platform depends on its interaction with several party providers.

Transactions may, from time to time, fail due to technical or other reasons. Customers therefore acknowledge that we may not be liable for a technical issue that may affect its transaction in executing the purchase of the NFTs. Whenever a transaction fails due to technical reasons, a Customer may qualify for a refund. Please see the "Refunds" section below to know more.

3. Limitations of use.

The Customer can buy NFTs to the extent Customer complies with the following maximum limits.

A. For Customers without accounts

A single purchase of up to $5000 (USD) daily limit

No single purchase can be made in excess of 5000 USD

B. For Customers with verified accounts

Limits per value of purchase, number of purchases and daily amounts can be raised on a case-by-case basis, subject to a know-your-customer procedure, whereby the Customer provides us with some information, as required under applicable laws and regulations. Please contact us at support@nftpay.xyz should you wish to verify your account.

Any Customer using more than one NFTpay account, or any other expedient, in order to circumvent the above mentioned limits, is in breach of these Terms and can have its account, or accounts, suspended until further notice.

To the extent necessary under applicable laws and regulations or our internal policies, such illegal circumvention of the use limitations may be reported to the relevant authorities, whenever it reveals, in our sole understanding, signs of suspicious activity.]

4. Refunds.

As explained above in “Availability of Third-Party Services”, the purchase of NFTs through the NFTpay Credit Card solution depends on the proper functioning of third-party systems.

Therefore, from time to time, the failure of such systems may cause a transaction to fail, meaning:

The Customer did not receive the NFT that was sent to the customer's cryptocurrency wallet address;

The NFT was purchased and paid for, but cannot be uploaded or minted on the account; or

The NFT was purchased and paid for, but cannot be minted on account of it not being valid.

In case the Customer does not receive the NFT after having paid and appropriate diligences are made by us to provide for the delivery of the NFT or understand the cause of the delay, the Customer may request for a refund.

In case the NFT was received but cannot be redeemed, the Customer shall inform us. We will then start appropriate diligences with the relevant third-party providers in order to correct the issue. Should the third-party provider fail to correct the issue and agrees to refund us, we will then refund the Customer.

Please note that the Customer does not have a cooling off period of any kind after acquiring a NFT. Once a NFT is received, no refunds or reimburses will be offered. In case of technical error causing the NFT not to be delivered to the Customer, we will refund the Customer in full with a return transaction in the same cryptocurrency. Refunds must be requested within 30 days from the date of the transaction. For the purposes of requesting a refund or any further information, the Customer shall contact support@nftpay.xyz or use the chat available at NFTpay.

5. Disclaimers related to the NFT.

We are a reseller of the NFT. We are not the creator, designer, issuer, organizer, beneficiary or manager of the NFT (the “Issuer”), nor have we played any role in deciding the terms and conditions applicable to each NFT. Therefore, we are not liable for any issue, damage or loss arising from the terms and conditions of each individual NFT. We are not sponsored by any Issuer, nor are we related, acting on behalf or under express authorisation of any Issuer. The Customer, by acquiring the NFT, is also getting into a contractual relationship with the Issuer, to which we are a third-party, against which the contractual defenses and rights arising from the relationship between Customer and Issuer shall not apply. The Customer shall engage in adequate due diligence regarding the terms and conditions of the NFT being acquired, in what respects its usability and enforcement against the Issuer. We will not accept or be liable for any claims in relation thereto. Those terms and conditions govern the NFT acquired. Customers acknowledge and agree that we are not liable for any decision or policy of the Issuer to refuse to accept the NFT on the grounds of the terms and conditions that the Issuer applies in relation to the NFT. We make no representation regarding the NFT's suitability for its intended use and make no other guarantees, warranties or representations in respect of the NFT.

6. Responsibility of the Customer.

The Customer is fully liable for any mistakes, losses or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate or fake information and from (ii) the acquisition, resale, use or other related activities of the NFT, in a manner that infringes any applicable laws, regulations, contractual terms and conditions or other agreements. The Customer is solely responsible for the accuracy and correctness of the information inserted on the platform (including, but not limited to, the wallet address to which the NFT must be delivered and the amount purchased). The Customer is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

7. Unlawful use.

NFTpay and the NFTs shall not be used, in any way, to infringe or circumvent the applicable laws and regulations and any unlawful behavior is absolutely forbidden on NFTpay. Should we become aware, or reasonably suspect, that a Customer is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third-party rights, such Customer activities, including but not limited to its purchase history and other data pertaining to its account, will be reported to the relevant authorities, and its access may be restricted until further notice. Any such Customer hereby acknowledges and consents to such disclosures.

8. Customer Re-sale.

NFTs purchased through NFTpay may be re-sold only after the Customer has taken custody of the NFT to their private wallet.

9. KYC Policy

NFTpay has established Know Your Counterparty (KYC) procedures to combat money laundering and the financing of terrorism. These procedures allow us to identify customers that we deal with, to understand the legitimacy of our business relationships and to identify and react to unusual or suspicious activity.

To support our KYC policy and procedures, NFTpay requests relevant information from Customers to identify risks. We require this information before Customers transfer ownership of digital assets to wallets or addresses outside the control of NFTpay.

10. Chargeback Protection Clause

A. Authorization of Transaction

By completing a purchase transaction with the Seller, the Buyer acknowledges and agrees to the terms of this Anti Chargeback Clause. The Buyer confirms that the purchase was authorized by them and that they are the rightful account holder associated with the payment method used.

B. Dispute Resolution.

In the event that the Buyer has any concerns or issues regarding the purchased product or service, they agree to first contact the Seller's customer support to resolve the matter before initiating any chargeback proceedings.

C. Good Faith Effort.

Both parties agree to make a good faith effort to resolve any disputes or discrepancies that may arise. The Buyer will provide all necessary information and evidence to support their claim, and the Seller will promptly investigate and respond to the concerns raised..

D. Documentation.

The Buyer acknowledges that they may be required to provide documentation or evidence, such as emails, receipts, delivery confirmation, or any other relevant information requested by the Seller, to support their claim in the event of a chargeback.

E. Refund Policy.

The Seller agrees to clearly communicate their refund policy to the Buyer before the purchase is made. If the product or service is eligible for a refund according to the Seller's refund policy, the Seller will process the refund promptly and in accordance with their policy.

F. Prohibited Chargebacks.

The Buyer acknowledges and agrees that chargebacks should only be initiated in cases of fraud, unauthorized use of their payment method, or failure by the Seller to deliver the purchased product or service as described. Chargebacks initiated for reasons not mentioned in this clause, including but not limited to buyer's remorse or dissatisfaction with the product or service, are strictly prohibited.

G. Consequences of Unauthorized Chargebacks.

If the Buyer initiates a chargeback without proper justification, the Seller reserves the right to take appropriate actions to protect their rights and interests. Such actions may include, but are not limited to, disputing the chargeback, recovering the disputed funds, pursuing legal remedies, and reporting the fraudulent chargeback to relevant authorities.

H. Severability.

If any provision of this Anti Chargeback Clause is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

NFTpay, 5310 Las Verdes Circle 218
Delray Beach, FL 33484

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email: support@nftpay.xyz

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This document last updated 20 October 2023