Minting Services Agreement

This Minting Services Agreement (“Agreement”) is entered into by and between Giga-Mint, LLC (“we”, “us”, or “Giga-Mint”) and the account holder (“you” or “User”) as of the date you accept the terms of this Agreement. By clicking “I Agree” or by accessing, using, or registering with Giga-Mint, you agree to be bound by this Agreement, which governs your use of the Services.

This Agreement is subject to Giga-Mint’s Terms of Service and Privacy Policy, which are incorporated herein by reference. By accepting this Agreement, you also agree to be bound by the Giga-Mint’s Terms of Service and Privacy Policy.

GIGA-MINT MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE SERVICES OR THIS AGREEMENT. IN THE EVENT GIGA-MINT MODIFIES, LIMITS, CHANGES, OR REPLACES THE SERVICES OR THIS AGREEMENT, YOUR USE OF THE SERVICES AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

Definitions

As used in this Agreement:

  • “Badge(s)” means pre-designed digital art assets created or licensed by Giga-Mint and made available for purchase and minting through the platform. Badge NFTs may be offered in open or limited editions.
  • “Content” means any digital image, file, metadata, or information submitted by a User for minting into an NFT.
  • Non-Fungible Token” or “NFT” means a non-fungible token, a non-interchangeable, unique unit of data recorded and stored on a blockchain digital ledger.
  • Services” (or “Minting Services”) means the functionality offered by Giga-Mint that allows Users to upload digital files (or select pre-designed Badges), submit associated metadata, and have an NFT generated and transferred to a blockchain wallet address provided by the User.
  • “User” means any individual who uses the Giga-Mint Services by creating an account. Users may upload original content or purchase limited-edition digital Badges.
  • Wallet Address” means the blockchain digital ledger-compatible public address provided by a User to receive a minted NFT. Giga-Mint does no control or access the User’s private keys or wallet.
  • “Website” means the Giga-Mint.com website and its associated services, software, and content.
  • You / Your / You’re” means refers to the individual User accessing or using the Website or Services.

Services

Giga-Mint provides a digital service that enables Users to convert eligible content into a blockchain-based non-fungible token (“NFT”) and have it delivered to a wallet address specified by the User. This service supports both:

  • User-Generated Content, submitted directly by Users for minting; and
  • Pre-Made Digital Badges, designed or licensed by Giga-Mint and available for direct minting.

All content submitted for minting may be subject to manual review for compliance with Giga-Mint’s content standards and applicable laws. Giga-Mint reserves the right, in its sole discretion, to reject any submitted content for any reason, including, but not limited to, content that is pornographic, hateful, infringing, or otherwise inappropriate. In such cases, the User will receive a full refund.

Upon successful review and payment, Giga-Mint will mint the submitted file or selected Badge as an NFT on a supported blockchain (currently Solana, subject to change) and deliver it to the User’s provided wallet address. Users are solely responsible for ensuring the accuracy and security of the wallet address they provide. Giga-Mint does not store or retain minted NFTs or private wallet credentials.

Giga-Mint does not offer:

  • NFT resale, bidding, or auction features;
  • Marketplace functionality;
  • Ongoing royalty management or revenue sharing;
  • Custodial or hosted wallets.

All files submitted for minting are deleted from our systems within 48 hours of minting. We do not retain backups of User content after this window.

Once an NFT has been successfully minted and delivered to the User’s wallet, Giga-Mint cannot and will not make any changes to the NFT, including its metadata, title, description, or file content. Blockchain-based transactions are permanent and irreversible. The User acknowledges and agrees that Giga-Mint has no control over the NFT after transfer and will not provide post-minting services such as modifications, replacement, takedowns, or burn functionality.

You acknowledge and accept that minting activity involves use of third-party blockchain infrastructure. Giga-Mint does not control the Solana network or any other blockchain, and makes no guarantees as to network stability, permanence of data stored on-chain or on distributed file networks (such as IPFS or Arweave), or the ability to retrieve NFTs or metadata after minting. You waive any claim against Giga-Mint for losses arising from blockchain failures, network congestion, gas fees, transaction reordering, or similar issues.

 

Badge Licenses and Content

Giga-Mint may offer Badges for purchase and minting through the Website. Badges may be provided in limited or open editions and may be original works of Giga-Mint or licensed from third-party artists. Subject to your full compliance with these Terms and any applicable purchase terms:

  • Giga-Mint grants you a personal, non-exclusive, non-transferable, worldwide license to mint the selected Badge as a non-fungible token (NFT) and to use, display, or transfer the minted NFT.
  • You may not modify, reproduce, distribute, create derivative works of, or otherwise exploit any Badge content apart from the NFT minted through Giga-Mint.
  • Giga-Mint retains all rights not expressly granted herein, including but not limited to all intellectual property rights in and to the Badge artwork and related branding.
  • You understand and agree that Badge NFTs are licensed, not sold, and that the underlying artwork remains the property of Giga-Mint or its licensors.

Pricing; Payment

Use of the Services is subject to applicable fees, which are displayed prior to checkout and must be paid in full at the time of submission. All prices are listed in U.S. Dollars (USD) and are subject to change at Giga-Mint’s sole discretion. Fees are generally non-refundable, except in limited circumstances as expressly described in this Agreement.

Giga-Mint does not offer royalty programs, resale commissions, or post-mint compensation. Once your content is reviewed and successfully minted, you will receive no further payments, proceeds, or share of future value associated with the NFT.

You are solely responsible for determining what, if any, taxes apply to your use of the Services, including but not limited to any sales, use, value-added, or transfer taxes. Giga-Mint does not provide tax advice and is not responsible for withholding, collecting, reporting, or remitting any taxes arising from your activities.

Giga-Mint uses third-party payment processors to facilitate transactions. You must ensure that your provided payment method and contact details are accurate, complete, and current. Giga-Mint is not responsible for any delays or failures in payment processing, including refunds, that result from issues with your bank, credit card provider, ecommerce platform, or other systems outside Giga-Mint’s control.

Representations and Warranties

By submitting content or using the Minting Services, you represent and warrant that:

  1. You are the creator and/or lawful rights holder of the content you submit for minting, or you have obtained all necessary licenses, consents, and permissions to submit the content and authorize its minting as an NFT;
  2. The content you submit does not and will not infringe upon, misappropriate, or violate any third-party rights, including intellectual property rights, trademark rights, publicity rights, or privacy rights;
  3. Your content does not include any material that is stolen, plagiarized, counterfeit, or likely to cause confusion with any other project, work, or brand;
  4. Your content does not contain hate speech, pornography, unlawful activity, or material that Giga-Mint, in its sole discretion, deems offensive, harmful, or otherwise inappropriate;
  5. You will comply with all applicable laws and regulations in connection with your use of the Services and submission of content;
  6. You have full authority to enter into this Agreement and, if acting on behalf of an organization or entity, have the legal authority to bind that organization or entity;
  7. You understand and accept that once an NFT is minted and transferred to your wallet, Giga-Mint disclaims all further responsibility or control over that NFT.

You agree to indemnify Giga-Mint for any breach of the above warranties, including claims relating to intellectual property infringement, unlawful content, or violation of third-party rights.

Giga-Mint does not curate, endorse, rank, or otherwise promote NFTs based on content, origin, or quality. Minting a file does not imply any approval or verification by Giga-Mint beyond basic compliance review. Giga-Mint may display recently minted NFTs on its site or promotional materials, but such display does not constitute an endorsement.

Indemnification

You agree to indemnify, defend, and hold harmless Giga-Mint, its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Giga-Mint Parties”) from and against any and all claims, actions, proceedings, demands, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your use or misuse of the Services or any NFT created through the platform; (b) any content you submit or provide to Giga-Mint for minting, including allegations that such content infringes, misappropriates, or violates the intellectual property rights, moral rights, privacy rights, publicity rights, contractual rights, or other rights of any person or entity; (c) your failure to comply with applicable laws, regulations, or third-party terms and policies, including blockchain network terms and wallet provider terms; (d) your breach or alleged breach of this Agreement, the Terms of Service, or any representation or warranty you provide herein; (e) any fraud, negligence, gross misconduct, or willful misconduct by you or anyone acting on your behalf; (f) any claims that arise from the misdirection, non-receipt, or loss of NFTs due to errors in the wallet address you provided; (g) any tax obligations, reporting failures, or legal compliance issues resulting from your minting, possession, or transfer of NFTs; and (h) any disputes between you and any third party in connection with NFTs minted using the Services.

Giga-Mint reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Giga-Mint in asserting any available defenses. You may not settle any claim without Giga-Mint’s prior written consent unless the settlement fully and unconditionally releases all Giga-Mint Parties from all liability.

NO WARRANTY FROM GIGA-MINT

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE MINTING SERVICES IS AT YOUR SOLE RISK. THE SERVICES, PLATFORM, WEBSITE, CONTENT REVIEW PROCESS, MINTING OPERATIONS, AND ALL ASSOCIATED FUNCTIONALITY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, GIGA-MINT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, ACCURACY, OR RELIABILITY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GIGA-MINT MAKES NO WARRANTY THAT:

  • THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE;
  • THE SERVICES WILL OPERATE ON ANY PARTICULAR BLOCKCHAIN OR REMAIN COMPATIBLE WITH ANY FUTURE WALLET SOFTWARE, TOKENS, OR DECENTRALIZED STORAGE PROVIDER (INCLUDING IPFS OR ARWEAVE);
  • THE CONTENT YOU SUBMIT WILL BE ACCEPTED, MINTED, OR REMAIN ACCESSIBLE;
  • ANY NFT OR ASSOCIATED METADATA WILL BE PERMANENTLY AVAILABLE OR FREE FROM LOSS, CORRUPTION, DEGRADATION, OR MISDIRECTION;
  • THAT GIGA-MINT WILL MONITOR, ENFORCE, OR REACT TO ANY THIRD-PARTY USE OF YOUR CONTENT AFTER MINTING.

YOU ACKNOWLEDGE THAT BLOCKCHAIN TECHNOLOGIES, DIGITAL FILE STORAGE NETWORKS, AND SMART CONTRACTS ARE EXPERIMENTAL, SUBJECT TO RAPID CHANGE, AND MAY INVOLVE INHERENT RISKS. GIGA-MINT DISCLAIMS ALL LIABILITY ARISING FROM BUGS, VULNERABILITIES, NETWORK FORKS, NODE FAILURES, OR OTHER TECHNICAL FAILURES ASSOCIATED WITH ANY BLOCKCHAIN USED FOR MINTING.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGA-MINT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DIGITAL ASSETS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO: (a) YOUR USE OF OR INABILITY TO USE THE MINTING SERVICES; (b) ERRORS OR OMISSIONS IN CONTENT SUBMITTED FOR MINTING; (c) ANY WALLET FAILURES, BLOCKCHAIN DISRUPTIONS, OR OTHER TECHNOLOGICAL MALFUNCTIONS OUTSIDE GIGA-MINT’S REASONABLE CONTROL; (d) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR TRANSMISSIONS; (e) ANY ERRORS, DEFECTS, DELAYS, OR INTERRUPTIONS IN THE MINTING OR DELIVERY OF AN NFT; (f) ANY FAILURE TO PRESERVE OR DELIVER USER-SUBMITTED CONTENT OR METADATA; (g) ANY LOSS OR DEVALUATION OF NFTS FOLLOWING MINTING AND TRANSFER.

IN NO EVENT SHALL GIGA-MINT’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM OR SERIES OF RELATED CLAIMS EXCEED THE GREATER OF: (1) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC MINTING SERVICE GIVING RISE TO THE CLAIM, OR (2) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS SHALL APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIGA-MINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY.

Term and Termination

This Agreement is effective as of the date you first accept it and will remain in effect unless and until terminated in accordance with this Section. You may terminate this Agreement at any time by ceasing all use of the Minting Services. If you have an account, you may close it via your account settings or by contacting Giga-Mint directly.

Giga-Mint may suspend or terminate your access to the Minting Services at any time, with or without notice, and for any reason, including but not limited to:

  • your violation of this Agreement or any incorporated terms (e.g., the Terms of Service or Privacy Policy);
  • suspected unlawful activity or abuse of the platform;
  • operational or security concerns.

Upon termination:

  • You will no longer have access to the Minting Services or your user account (if applicable);
  • Any content pending minting may be deleted;
  • NFTs already minted and transferred to your wallet will remain on the blockchain and are outside of Giga-Mint’s control;
  • All provisions of this Agreement which by their nature should survive termination (including but not limited to ownership, warranty disclaimers, indemnification, and limitations of liability) shall survive.

Termination of this Agreement will not affect any rights or obligations that (a) are intended to survive termination, or (b) by their nature must survive to be effective, including without limitation: ownership provisions, licenses granted to Giga-Mint, disclaimers of warranties, indemnities, limitations of liability, and dispute resolution terms.

Intellectual Property Rights

Responsibility for Content
You acknowledge and agree that you are solely responsible for all content that you upload, submit, or otherwise provide to Giga-Mint for minting into a non-fungible token (NFT). You represent and warrant that such content is original to you, or that you have secured all necessary rights, licenses, consents, and permissions to use and submit the content in connection with the Minting Services. Giga-Mint does not claim ownership over your content and will not be held liable for its legality, accuracy, or appropriateness.

You understand that Giga-Mint may review your submitted content prior to minting for the purposes of ensuring compliance with its content guidelines and applicable law. Any content that violates this Agreement or Giga-Mint’s Terms of Service may be rejected or removed at Giga-Mint’s sole discretion.

Content Monitoring and Moderation
Giga-Mint has no obligation to actively monitor user-submitted content, but reserves the right to do so for purposes including fraud prevention, compliance verification, and content moderation. Giga-Mint may, in its sole discretion and without notice, reject, remove, or refuse to mint content that it determines to be unlawful, infringing, harmful, or otherwise objectionable.

Limited License to Giga-Mint
By submitting content to Giga-Mint for the purpose of minting, you grant Giga-Mint and its affiliates a limited, non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, and transmit your content solely as necessary to:

  • review your content for compliance;
  • mint and deliver the associated NFT to your provided wallet;
  • maintain transaction records and service logs;
  • provide customer service and dispute resolution;
  • and promote or market your content in connection with the NFT you minted, solely in a factual or illustrative manner (e.g., a display of recently minted NFTs).

This license survives only as long as necessary to provide the above services and does not include any right to commercialize, alter, or redistribute your content beyond what is required for technical or operational purposes.

Promotional Use
You agree that Giga-Mint may use your submitted content, name (if provided), and any public-facing elements (e.g., NFT titles or collection names) for the limited purpose of showcasing or promoting Giga-Mint’s services, including on its website, promotional materials, or social media accounts. This use will not suggest ownership, endorsement, or partnership unless expressly authorized by you.

You retain all rights in and to your content, subject to the limited rights granted herein. NFTs minted and delivered to your wallet are yours to manage, transfer, or otherwise use at your sole discretion. Giga-Mint does not monitor or control NFT usage or resale once minted.

Content Approval and Minting Process

Submission and Review
All content submitted to Giga-Mint for minting into a non-fungible token (NFT) is subject to manual review. Giga-Mint retains the sole and absolute discretion to accept or reject any content submission. This review process is intended to evaluate the content’s compliance with applicable laws, this Agreement, Giga-Mint’s Terms of Service, and internal content standards.

Users must ensure that all submitted files:

  • are of final quality and not subject to further revision;
  • are properly titled and described;
  • do not exceed the maximum permitted file size (currently 4MB); and
  • are provided in a format suitable for blockchain minting (e.g., image, video, or audio formats as supported by Giga-Mint).

Right to Refuse
Giga-Mint may refuse to mint any content, in its sole discretion, for any reason or no reason, including but not limited to:

  • actual or suspected copyright or trademark infringement;
  • misrepresentation of authorship, source, or originality;
  • content that is pornographic, hateful, exploitative, unlawful, defamatory, or otherwise inappropriate;
  • reputational, ethical, or legal concerns;
  • violations of this Agreement, the Terms of Service, or any applicable laws or third-party rights.

Giga-Mint’s decision to reject content is final and not subject to appeal. If your submission is rejected during review, you will be notified and issued a full refund.

User Responsibility for Content
You are solely responsible for the content you submit for minting. You acknowledge and agree that it is your obligation to ensure that the content complies with this Agreement, the Terms of Service, and all applicable laws and regulations. You further represent that you have secured any third-party rights necessary to mint the content into an NFT.

You agree to indemnify, defend, and hold harmless Giga-Mint and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to your content submission, including but not limited to any violation of intellectual property rights, publicity rights, or applicable law.

No Guarantee of Minting
Submission of content does not guarantee minting. Giga-Mint has no obligation to mint or deliver any NFT and does not guarantee the availability, functionality, or success of the minting process. You acknowledge that minting is a one-time, non-reversible operation and that acceptance of content is a prerequisite to but not a promise of final delivery.

Governing Law

This Agreement and any dispute arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the state of Michigan, without giving effect to any principles of conflicts of law.

Severability

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the extent necessary to make it valid and enforceable.

Entire Agreement

This Agreement, together with Giga-Mint’s Terms of Service and Privacy Policy, constitutes the entire agreement between you and Giga-Mint and supersedes all prior and contemporaneous agreements, representations, and understandings between the parties. In the event of any conflict or inconsistency between this Minting Services Agreement and the Giga-Mint Terms of Service, this Minting Services Agreement shall control with respect to all matters related to your submission of content for minting, the purchase of Badge NFTs, and any related transactions. The Terms of Service shall govern all other matters not specifically addressed herein.

Contact

For any questions or concerns about this Agreement, please contact Giga-Mint at support@giga-mint.com or by mail at 336 W. First Street, Suite 113, Flint, MI 48502.

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