NIFTYKIT Terms of Use Last Revised: March 9, 2022

Welcome to NiftyKit! We are happy you chose to inquire about our Platform..

1. Acceptance of the Terms of Use.

These Terms of Use are entered into by and between you (whether as a “Buyer,” “Seller,” or “User,”) and NiftyKit, Inc. a Delaware Corporation with offices at 1455 Frazee Rd., Suite 500, San Diego, CA 92108 (“NiftyKit,” “we,” “us,” or “Company”). These following terms and conditions, together with any documents expressly incorporated by reference (Collectively; these “Terms of Use,” “Terms,” or “Agreement”), govern your access to and use of our applications, apps, and websites, including, but not limited to, the website located at Niftykit.com, mint function to JS interface integration, hosted minting page, as well as any non-fungible token (“NFT”) transactions, financial or crypto transactions, or other services offered by or through the Company (“Platform”).

Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, or by clicking accept to accept the Terms of Use when this option is made available to you, you agree to be bound and abide by these Terms of Use and the Privacy Notice found at https://niftykit.com/privacy-notice/, incorporated herein by reference. THESE TERMS OF USE CONTAIN WAIVERS OF YOUR CLASS-ACTION RIGHTS, MANDATORY ARBITRATION OF DISPUTES WITH A WAIVER OF A RIGHT TO JURY OR COURT TRIAL, AND LIMITATIONS ON LIABILITY OF THE COMPANY AND ITS AFFILIATES TO YOU. If you do not want to agree to these Terms of Use or Privacy Notice, you must not access or use the Platform or any of our Services. All information we collect on the Platform is subject to the Terms of Use and Privacy Notice. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Terms of Use and Privacy Notice. If you go to a website with our mint function to JS interface integration applied (Seller’s website with mint button embedded), additional terms and privacy policies may apply, as provided by the Seller on their integrated website. Please review the Seller’s website for more information. In the event of any conflict or inconsistency between a supplemental privacy notice and supplemental terms of use (if any) from Seller’s website with mint button embedded and NiftyKit’s Terms of Use and Privacy Notice, NiftyKit’s Terms of Use and Privacy Notice control.

2. Platform; Services; and Definitions.

The Platform is an Online Service Provider for facilitating communication among Users, Sellers, and Buyers. The word “Platform” used herein also refers to “Services.”

The Platform provides tools for Smart Contract creation, ownership, and  management of Smart Contracts and Non-Fungible Token (“NFT”) drops. These services may include, but are not limited to.

• Smart Contract Creation - Using the Platform, its tools, and Services, we enable Sellers to configure custom parameters for their Smart Contract and provide an interface to create Smart Contracts on the blockchain. A (“Smart Contract”) is a self-executing contract with the terms of the agreement between buyer and seller being directly written into lines of code. The Platform enables Sellers to manage their Smart Contract directly through the Platform’s user interface. Sellers own their Smart Contract through their Wallet address connected during the time of creation. Each Smart Contract allows Owner full control and ownership of the NFTs created within the Smart Contract.
• NFT Redeemables. You understand that some NFTs may include a right to redeem for services or a physical item to which the NFT relates and which may carry a QR code or a form of provenance verification. In such instances, once the NFT has been redeemed, the NFT may remain in circulation, but the redemption right will be terminated. NiftyKit provides the tools for the Seller of Redeemables to Lazy-Mint on or through the Platform (add to website options here) or to Mint the Redeemables.
• NFT Airdrops. If you airdrop NFTs to Wallets or your Wallet receives airdropped NFT(s) created with or through the Platform or its Services, you recognize and accept that airdropping (a form of distribution) NFTs does not establish a connection between NiftyKit and the sender and/or connected entity, and does not obligate us in any way.
• “Lazy Mint(ing)”. Buyer pays gas fees and Seller uses their own website or our minting page to sell NFTs and related Content on or through the Platform for primary sales. Seller also pays gas for Minting their Smart Contract.
• “Mint(ing)”. The Seller pays gas fees for Minting their Smart Contract and for Minting NFTs and related Content then sells NFTs and related Content on Other Platforms (defined below), including primary sales.
• Mint Button on your Website.. You may have the ability to sell your NFTs on your website by using NiftyKit’s application programming interface (“API”) and integrating mint function to javascript interface.
• Creator Collaboration. The owner of a Smart Contract (“Owner”) may have the ability to invite others to Mint onto their Smart Contract (“Collection”) and payments can be made to multiple blockchain Wallets if associated with the Collection.
• “Revenue Split”. Cryptocurrency revenue received by Seller through Seller’s sale of Lazy Minted NFTs and related Content on or through the Platform may be split amongst multiple Wallets (see Section 11 below).
• Facilitation of Digital Content Storage. See Section 13 below.
• “Content”. Content, as defined herein, includes, but is not limited to: audio, video, photographs, and other media or data files; metadata files containing information encoded with a digital version of the work that is being represented by the NFT;
• “Digital Content”. “Content” that is of digital nature. The above services as well as services listed on https://www.niftykit.com are collectively referred to as the (“Services”). We do not support secondary sales on or through the Platform.

3. Contracts for Purchase and Sale on the Platform.