Terms of Service Agreement

Effective Date: 8/18/25

The GIGA-MINT.com website and its associated services, software, and content (collectively “Website”) is owned and operated by Giga-Mint, LLC (“Giga-Mint”, “our”, “us”, “we”), a limited liability company with its principal place of business in Flint, Michigan. Giga-Mint has adopted this Terms of Service Agreement (“Agreement”) to inform you (“User(s)”) of your rights and duties when using the Website. If you do not agree with the terms and conditions of this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL. PLEASE READ THEM CAREFULLY.

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 WEBSITE OR THIS AGREEMENT. IN THE EVENT GIGA-MINT MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE 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:

“Account” means a Registered User’s account with the Website.
“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.
“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.
“Registered User(s)” means Users who have made an account to use and access the Website.
“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(s)” means all individuals that visit the Website, including Registered Users.
“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.

About the Website

Giga-Mint is a digital minting platform that enables users to create blockchain-based non-fungible tokens (“NFTs”) by uploading eligible digital files or selecting from available pre-designed assets. Our platform provides an accessible and efficient interface for users to generate NFTs that are transferred directly to a self-custodied blockchain wallet address provided by the user.

Giga-Mint does not function as a marketplace, broker, or custodian. We do not offer features such as bidding, resale, auctions, or post-mint royalties. Once minted and delivered, NFTs are no longer controlled by Giga-Mint, and all blockchain-based transactions are permanent and irreversible.

Content submitted to Giga-Mint is subject to a compliance review process and must meet our content standards. Giga-Mint reserves the right to reject any submission that is infringing, unlawful, or otherwise violates our Terms of Service. Accepted content is minted to a supported blockchain and the original file is permanently deleted from our systems within 48 hours.

The Website and associated Services are designed solely for minting and delivery of NFTs. Giga-Mint does not host user wallets, store private keys, or facilitate NFT resale or speculation.

Warranties and Representations

By accessing or using the Website, you represent, warrant, and agree to the following terms:

You have the legal right and capacity to enter into this Agreement and to comply with its terms. You represent that you are a human individual who is at least eighteen (18) years of age. If you are between the ages of thirteen (13) and eighteen (18), you may only access and use the Website under the supervision of a parent or legal guardian who accepts this Agreement on your behalf. You further represent that you are not prohibited from entering into this Agreement by any applicable law or by any pre-existing agreement.

All information you submit to the Website is, to the best of your knowledge, current, accurate, and complete. You agree to promptly update such information if it becomes outdated or incorrect. You acknowledge that the submission of false, misleading, or incomplete information may result in suspension or termination of your access to the Website.

You agree to use the Website only in accordance with all applicable local, state, national, and international laws, rules, and regulations, including but not limited to those relating to intellectual property, privacy, data protection, anti-money laundering, sanctions compliance, and blockchain usage. You will not use the Website in any manner that infringes upon, misappropriates, or otherwise violates the rights of any third party.

You acknowledge that the Website is operated within the United States and is not intended for access or use from jurisdictions where such access or use is unlawful. You are solely responsible for determining whether your use of the Website is lawful in your jurisdiction and agree to use the Website entirely at your own risk if accessing it from outside the United States.

You represent that you are not a resident of, or otherwise accessing the Website from, any jurisdiction subject to comprehensive U.S. trade sanctions or export restrictions, including but not limited to Cuba, Iran, North Korea, Syria, or the Crimea region. You also represent that you are not listed on any U.S. government list of prohibited or restricted parties, such as the Specially Designated Nationals and Blocked Persons List (SDN List), and are not using the Website for the benefit of any such person or entity. Giga-Mint does not support Users located in or accessing the Website from jurisdictions subject to comprehensive U.S. sanctions

You agree to use the Website in good faith and in a manner consistent with its intended purpose. You will not attempt to undermine, circumvent, or exploit the Website’s functionality, review systems, or technical safeguards. The Website is operated in the United States and Giga-Mint makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.

Beta Website; Maintenance

Giga-Mint may, from time to time, offer access to the Website that is classified as Beta version. Giga-Mint makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Website at any time without notice. Beta versions of the Website is provided AS IS, and may contain bugs, errors, or other defects. Your use of a Beta version is at your sole risk.

Giga-Mint will make commercially reasonable efforts to maintain access to the Website and its Services. However, you acknowledge and agree that Giga-Mint may suspend, restrict, or disable access to the Website or any part thereof at any time and without notice, including for maintenance, updates, security patches, or events beyond its control, such as blockchain network failures, third-party service outages, force majeure events, legal or compliance obligations, or denial-of-service attacks.

Giga-Mint makes no guarantees regarding the availability, uptime, or uninterrupted access to the Website or Services, and shall not be liable for any loss, damage, or inconvenience suffered as a result of any downtime, delay, or unavailability. You acknowledge that Giga-Mint has no obligation to maintain or support the Website or Services for any minimum period of time.

Ownership of Website and License

You acknowledge and agree that Giga-Mint is the sole and exclusive owner of, or otherwise possesses valid rights in and to, the Website and all elements thereof, including but not limited to the codebase, software architecture, smart contracts, APIs, documentation, interfaces, text, design, artwork, graphics, metadata schemas, look and feel, layout, and all content, trade dress, and branding therein or related thereto. The Website is protected by U.S. and international laws, including but not limited to those relating to copyright, trademark, trade secret, and other intellectual property rights. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Giga-Mint.

Giga-Mint hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from Giga-Mint, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Giga-Mint.

Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website is the property of their respective owners. All Giga-Mint marks are the property of Giga-Mint, LLC, including, but not limited to GIGA-MINT, and all Giga-Mint logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Giga-Mint. You are prohibited from using Giga-Mint’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Giga-Mint.

Use of Website and Your Responsibilities

You may use the Website only as expressly permitted under this Agreement and solely for its intended purpose, namely, to access the Services provided by Giga-Mint for the lawful minting of non-fungible tokens on supported blockchains. You understand and agree that the Website is provided “AS IS” and “AS AVAILABLE”, and may be updated, modified, suspended, or discontinued at any time, in whole or in part, without notice and without liability. The Website may contain errors, bugs, or other defects, and your use of the Website is entirely at your own risk. Users are solely responsible for their use of the Website and shall abide by, and ensure compliance with, all laws in connection with use of the Website, including, but not limited to, laws related to recording, intellectual property, privacy, data protection, consumer protection, blockchain activity, and export control. You agree not to use the Website for any unlawful or unauthorized purpose or in a manner that infringes upon the rights of any third party.

To access certain features of the Website, you may be required to register an Account and associate it with a valid email address and a supported blockchain wallet. You acknowledge that your Account may be linked to your on-chain activity. It is your responsibility to ensure that your Account information is accurate, complete, and kept current at all times. Giga-Mint reserves the right to suspend or terminate any Account containing false or misleading information.

By using your wallet in connection with the Website, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Giga-Mint, and Giga-Mint does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Giga-Mint accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Website will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Website or your Account. You acknowledge that any actions taken through your Account or using your wallet will be deemed authorized unless and until we are notified and can take reasonable remedial steps.

Giga-Mint does not provide hosted wallets and does not, at any point, take custody or control over your NFTs, private keys, or other digital assets. When using the Services, you are required to provide a blockchain-compatible wallet address to which your minted NFT will be delivered. You are solely responsible for ensuring that the wallet address you provide is accurate, functional, and under your control. Giga-Mint does not support or require direct wallet connections to the Website. You are not required to connect or authenticate your wallet through the Website in order to receive minted NFTs. Giga-Mint disclaims all liability arising from wallet configuration issues, network outages, loss of access credentials, or vulnerabilities associated with your wallet. You are strongly encouraged to follow best practices for digital asset security, such as using a reputable wallet provider, enabling multi-factor authentication, storing backups offline, and safeguarding your private keys. Giga-Mint will not be liable for any loss, theft, misdirection, corruption, or destruction of NFTs or digital assets in connection with the wallet you provide.

You have a duty to ensure that the information provided through the Website and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in a way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website. Giga-Mint reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You further acknowledge that Giga-Mint has no obligation to monitor or moderate Account activity but reserves the right to do so for the protection of the Website and its users. You agree to hold harmless and indemnify Giga-Mint for any damages that arise out of or in relation to the use of the Website.

Registered Users agree to keep their Account secure from unauthorized access. Registered Users should not reveal their passwords or login credentials to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Giga-Mint immediately. Registered Users agree to hold harmless and indemnify Giga-Mint for any damages that arise out of or in relationship to the use of their Account. This includes, without limitation, any losses resulting from misuse of wallet credentials, unauthorized minting activity, or violation of third-party rights arising from your use of the Services.

Registered Users may cancel their Account from within their Account settings. If a Registered Users cancels their Account, Giga-Mint is under no obligation to preserve their data for any length of time and will not be responsible for any loss of data. Giga-Mint is under no obligation to provide Registered Users with the data associated with their Website use and/or Account, except as otherwise provided in the Privacy Policy. Giga-Mint recommends that Registered Users maintain their own backup of information submitted to the Website. Data associated with blockchain transactions or NFT minting may remain permanently recorded on public ledgers and cannot be deleted or modified by Giga-Mint.

Electronic Communications

Visiting the Website or making any contact to Giga-Mint or through the Website to third parties shall constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Pricing

Prices for any services or products available through the Website, including but not limited to NFT minting services and digital asset generation, are subject to change at any time without notice. Giga-Mint reserves the right to revise, suspend, or discontinue any aspect of its Services, including pricing, supported blockchain integrations, file size limitations, or submission types, at any time, in its sole discretion. We shall not be liable to you or to any third party for any such modification, suspension, price change, or discontinuation of any part of the Services. In the event that any Service is listed at an incorrect price due to typographical error, miscommunication from third-party providers, or technical malfunction, Giga-Mint reserves the right to cancel or refuse any associated transaction, even if the order has been confirmed and payment has been processed. If payment has already been collected for a canceled transaction, you will receive a refund equal to the amount of the incorrect price. All pricing is listed in U.S. Dollars (USD) and must be paid in full at the time of order. Fees are generally non-refundable, except in the limited circumstances expressly described in this Agreement or our Refund Policy, if applicable. Giga-Mint does not guarantee the availability of any specific service, product, Badge, or submission feature at any given time.

Payment for Purchases

By submitting payment through the Website, you agree to be bound by the applicable pricing and billing terms presented at checkout. You represent and warrant that: (a) all payment information you provide is current, accurate, and complete; (b) all charges incurred by you will be honored by your credit card company, debit card company, payment processor, or bank; (c) you will pay all amounts due, including any applicable taxes or transaction fees; and (d) you are authorized to use the payment method submitted.

Giga-Mint uses third-party payment processors to facilitate transactions. You acknowledge and agree that your payment information may be shared with such providers solely for purposes of completing the transaction. Giga-Mint disclaims any liability for issues arising from delays, failures, or errors caused by third-party payment platforms.

You understand and agree that Giga-Mint is not responsible for any User’s failure to complete a transaction, including those resulting from wallet errors, blockchain network disruptions, or content rejection during the review process. If your submission is rejected, and a refund is applicable under this Agreement, Giga-Mint will issue a refund to your original method of payment.

You are solely responsible for determining and remitting any taxes or fees owed in connection with your use of the Services. Giga-Mint does not provide tax advice and makes no representations regarding the tax implications of NFT minting, transfers, or holdings.) you are the person to whom the credit card, debit card or bank account belongs to.

You are solely responsible for paying any and all taxes, duties, or other fees imposed by applicable law in connection with your use of the website or the minting of NFTs, including any income or sales taxes that may apply to your transactions.

User Generated Content

Users may submit content to the Website, including, but not limited to text, digital files, videos, images, audio, metadata, titles, or descriptions, for the purpose of minting such content into non-fungible tokens, or for other associated uses such as feedback, support requests, and communication features (collectively “User Generated Content”).

Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Giga-Mint does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

By submitting User Generated Content to the Website, you grant Giga-Mint a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Generated Content that you submit to the Website. Giga-Mint acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Giga-Mint does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.

Giga-Mint reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Giga-Mint also reserves the right to terminate a User’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

Copyright Policy

Giga-Mint respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of Giga-Mint and are protected by copyright and other intellectual property laws.

By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.

If you believe that a user of Giga-Mint has infringed upon your copyright rights, please provide Giga-Mint with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Giga-Mint receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Giga-Mint will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Giga-Mint with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.

The notice of copyright infringement must be compliant with §512 of the Digital Millennium Copyright Act and must also contain the following:

The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work(s) alleged to have been infringed;
The location of the copyrighted work(s) on the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:

Identification of the specific materials that have been removed from the Website;
Your contact information, such as an address, telephone, fax number, or email address;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in Arizona;
A statement that you will accept service of process from the notifying party; and
Your physical or electronic signature.

Notifications of copyright infringement and counter-notifications may be submitted to:
Traverse Legal, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49684
Telephone: 231-932-0411
Email Address: dmcaagent@traverselegal.com
With a copy emailed to: legal@giga-mint.com.

Prohibited Uses

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.

Specifically, you are prohibited from:

Posting or transmitting content that:
- Infringes upon the intellectual property rights of others, including posting or sharing content that belongs to someone else;
- Uses the name, image, or likeness of any individual without their express content, including the names or images of celebrities or public figures in connection with the Website;
- Discloses confidential information obtained through the use of the Website;
- Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
- Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
- Incites any illegal activity or unlawful sexual solicitation;
- Relates to weaponry, controlled substances, gambling, or debt collection;
- Raises support or defense of anyone alleged to be involved in criminal activity;
- Impersonates another or is fraudulent, inaccurate, or misleading;
- Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
- Intends to collect personal or personally identifiable information from others;
- Violates any term or condition of this Agreement;
Using a robot, spider, scraper, or other automated technology to access the Website;
Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying structure of any portion of the Website or its associated smart contracts, services, or protocols;
Framing, mirroring, or embedding the Website, in whole or in part, within any other website or platform without Giga-Mint’s prior written consent;
Using the Website or any of its features for the purposes of benchmarking, performance testing, competitive analysis, or to develop any competing product or service;
Interfering with or disrupting the operation of any blockchain, node, or smart contract integrated with or relied upon by the Website;
Attempting to bypass, disable, or interfere with any mechanisms designed to restrict or secure access to any portion of the Website, including rate limiting, verification gates, or blockchain validation layers;
Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
Attempting to gain access to the private data or personal information of a Website user or third party;
Circumventing Giga-Mint’s technological and physical security measures;
Suggesting an affiliation with or endorsement by Giga-Mint.

If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Giga-Mint by sending an email to: support@giga-mint.com.

Mobile Devices

In the event Giga-Mint provides access to the Website via a mobile device: to the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Giga-Mint is not responsible for any data usage, roaming charges, or mobile-related fees or errors that occur while accessing the Website via mobile device.

Section 230 of Communications Decency Act

You acknowledge and agree that Giga-Mint is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Giga-Mint may edit, remove, or control the content displayed through the Website, you agree that Giga-Mint will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise. You acknowledge and agree that Giga-Mint is not responsible for, and does not endorse, any content embedded in or linked through NFTs minted using the Services, even if such content remains accessible via the Website.

Third Party & Affiliate Links

You understand that the Website may contain links to third party websites, applications, or services that Giga-Mint does not own or control. This includes, without limitation, external content referenced or linked within User-generated NFTs minted on or through the Website. You agree that Giga-Mint will not be held responsible or liable for the content of third-party websites, applications, or services and that Giga-Mint’ inclusion of those websites, applications, or services within its Website does not constitute Giga-Mint’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

No Endorsement

From time to time, Giga-Mint will refer to commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. Giga-Mint does not endorse any commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of Giga-Mint and are not intended to be used for product endorsement purposes.

Term and Termination

This Agreement will remain in full force and effect so long as the Website is in operation. Giga-Mint may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Upon termination of this Agreement, your right to use the Website will immediately cease. Giga-Mint will have no obligation to maintain or preserve any Account data, submissions, or transaction history following termination, except as required by law or our Privacy Policy.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT WE DO NOT GUARANTEE THE ACCURACY, SAFETY, INTEGRITY OR QUALITY OF THE WEBSITE AND YOU HEREBY AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE WEBSITE, AND INTEGRITY AND ACCURACY OF THE WEBSITE. NOTHING ON THE WEBSITE SHOULD BE DEEMED TO CONSTITUTE A RECOMMENDATION TO PURCHASE, SELL OR HOLD, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, ANY REGISTERED OR UNREGISTERED SECURITY.

SALES HOSTED ON THE WEBSITE ARE NOT INTENDED TO BE AN OFFERING OR SALE OF SECURITIES, SWAPS ON EITHER SECURITIES OR COMMODITIES OR A FINANCIAL INSTRUMENT OF ANY KIND AS MAY BE DETERMINED BY AND LAW, RULE, OR REGULATION. PURCHASES AND SALES OF DIGITAL REWARDS MAY NOT BE SUBJECT TO THE PROTECTIONS OF ANY LAWS GOVERNING THOSE TYPES OF FINANCIAL INSTRUMENTS. BY ACCESSING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT GIGA-MINT IS NOT A WALLET PROVIDER, EXCHANGE, BROKER, FINANCIAL INSTITUTION, CREDITOR, AND DOES NOT ENGAGE IN THE BUSINESS OF EFFECTING SECURITIES TRANSACTIONS OR PROVIDING INVESTMENT ADVICE AND IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES REGULATOR AS A BROKER-DEALER OR INVESTMENT ADVISER AND DOES NOT CONDUCT ANY ACTIVITY THAT WOULD REQUIRE SUCH REGISTRATION.

YOU ACKNOWLEDGE THAT NFTS MINTED THROUGH THE WEBSITE ARE RECORDED ON PUBLIC BLOCKCHAINS, AND THAT GIGA-MINT DOES NOT CONTROL OR GUARANTEE THE FUNCTIONALITY, SECURITY, OR CONTINUED OPERATION OF ANY BLOCKCHAIN NETWORK. YOU AGREE THAT GIGA-MINT DOES NOT CUSTODY OR CONTROL ANY NFTS, WALLETS, PRIVATE KEYS, OR DIGITAL ASSETS, AND HAS NO ABILITY TO REVERSE OR MODIFY ANY TRANSACTION THAT IS SUBMITTED TO A BLOCKCHAIN.

GIGA-MINT DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE. GIGA-MINT PROVIDES THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.

GIGA-MINT WILL NOT BE HELD LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR; ANY USE OF NFTS, CONTENT AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, HACKING, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE WEBSITE OR CRYPTO ASSETS.

NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFER OR SALES OCCUR ON THE ASSOCIATED BLOCK CHAIN (E.G. ETHEREUM). NFT TRANSFERS ARE IRREVERSIBLE AND OUTSIDE OF GIGA-MINT’S CONTROL. WE DO NOT GUARANTEE THAT GIGA-MINT AND/OR ANY OTHER GIGA-MINT PARTY CAN AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. YOU SHOULD NOT PURCHASE OUR NFTS WITH A VIEW TO INVESTMENT, RESALE OR SPECULATION. THERE CAN BE NO ASSURANCE AS TO THEIR PRESENT OR FUTURE VALUE, TRANSFERABILITY OR MARKETABILITY.

NO GIGA-MINT PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G. WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO GIGA-MINT PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

GIGA-MINT WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. GIGA-MINT IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. GIGA-MINT RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.

GIGA-MINT WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF SUCH LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

Limitation of Liability

GIGA-MINT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE LOSS OR DELETION OF NFTs, FAILED MINTING ATTEMPTS, INCOMPLETE TRANSACTIONS, BLOCKCHAIN NETWORK FAILURES, OR SMART CONTRACT ERRORS.

YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT GIGA-MINT CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR THE WEBSITE, AND SPECIFICALLY, FOR THE INDIVIDUAL MINTING SERVICE OR SUBMISSION GIVING RISE TO THE CLAIM. IN NO CASE SHALL GIGA-MINT’S CUMULATIVE LIABILITY EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO GIGA-MINT, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. GIGA-MINT IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. YOU AGREE THAT GIGA-MINT SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, MISROUTING, OR MISDELIVERY OF ANY NFT, DIGITAL FILE, OR WALLET TRANSACTION, REGARDLESS OF THE CAUSE OR THE PARTY AT FAULT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.

Indemnification

You agree to hold harmless, indemnify, and defend Giga-Mint, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services made through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.

Your obligation to defend Giga-Mint under the terms of this Agreement will not provide you with the right to control Giga-Mint’s defense, and Giga-Mint reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Giga-Mint. This indemnification obligation will survive the termination or expiration of this Agreement and your use of the Website.

No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Giga-Mint may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.

Jurisdiction, Governing Law, and Resolution of Disputes via Arbitration

This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Michigan without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Michigan, with venue proper in Detroit, Michigan.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

YOU AND GIGA-MINT AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED BY GIGA-MINT, INCLUDING ANY QUESTIONS ABOUT THE SCOPE, APPLICABILITY, ENFORCEABILITY, OR INTERPRETATION OF THIS ARBITRATION CLAUSE, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION.

YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES (IF APPLICABLE) OR ITS COMMERCIAL ARBITRATION RULES, AS MODIFIED BY THIS AGREEMENT. THE AAA RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG OR BY CALLING 1-800-778-7879.

THE ARBITRATION WILL BE CONDUCTED BEFORE A SINGLE ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES. THE ARBITRATION SHALL BE HELD IN DETROIT, MICHIGAN, UNLESS OTHERWISE AGREED BY THE PARTIES IN WRITING. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF MICHIGAN AND APPLICABLE FEDERAL LAW OF THE UNITED STATES, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTES RELATING TO THE INTERPRETATION, SCOPE, OR ENFORCEABILITY OF THIS ARBITRATION AGREEMENT. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON BOTH PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

THE LOSING PARTY IN ANY ARBITRATION SHALL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES AND COSTS, TO THE EXTENT PERMITTED BY LAW OR AS DETERMINED BY THE ARBITRATOR.

NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT IRREPARABLE HARM OR TO COMPEL ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT.

IF ANY PORTION OF THIS ARBITRATION CLAUSE IS FOUND TO BE UNENFORCEABLE, THE REMAINING PORTIONS SHALL CONTINUE TO BE VALID AND ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS AND DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, CLAIMS INVOLVING CLASS ARBITRATION, AND, UNLESS YOU AND GIGA-MINT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND GIGA-MINT AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS OR THIRD PARTIES. YOU AND GIGA-MINT FURTHER AGREE THAT, BY ENTERING INTO THE AGREEMENT, YOU AND GIGA-MINT FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND GIGA-MINT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

Severability

If any provision of this agreement is found to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if that is not possible, deemed severed from this agreement, and the remaining provisions shall remain in full force and effect.

Integration

Giga-Mint hereby incorporates its Privacy Policy and Copyright Policy into this Agreement. This Agreement and its incorporated Privacy Policy and Copyright Policy constitutes the entire agreement between the parties with respect to the use of the Website. Certain services provided through the Website, including the submission of content for minting as non-fungible tokens, may be subject to additional terms and conditions, including the Giga-Mint Minting Services Agreement. You will be asked to review and agree to those terms before using such services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Giga-Mint.

No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

Child Online Privacy Protection Act

The Website is not directed to persons under the age of eighteen (18) and Giga-Mint will not knowingly collect personally identifiable information from children under the age of eighteen (18) for the creation of User Accounts. If Giga-Mint inadvertently collects such personally identifiable information outside of the purposes of the Website, Giga-Mint will delete the personally identifiable information in accordance with its security protocols.

Limitation on Actions

GIGA-MINT AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST GIGA-MINT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Reservation of Rights

All rights not expressly granted herein are reserved to Giga-Mint.

Notice

Any notice required by this Agreement must be in writing and must be emailed to: legal@giga-mint.com.