Terms&Conditions

TERMS AND CONDITIONS OF USE

Welcome to the Maenoox website, owned and operated by Dot Beyond S.r.l. (VAT/VIES n° IT14530051003). These Terms of Use (hereinafter also referred to as the "Terms") govern the access to and use of the website https://www.maenoox.com, including, without limitation, the creation, purchase, sale in the primary market of DigitalAssetNFT(hereinafter also the "Service").

The Non-Fungible Token (or NFT) is for Maenoox a DigitalAssetNFT and refers to a pair composed of an original digital work inseparably coupled with a non-fungible token thereof, implemented on one or more public global blockchain (by way of example and not limited to Ethereum) and accompanied by a set of original metadata. The user, once he has accessed the service, starting from an original file, will be able to match it with descriptive information and attribute an authorship and, after having paid the due payment, will be able to mint, i.e. to coin a new NFT Token on the Ethereum blockchain of layer 1 (or L1) type, also called "Ethereum main net", which will be deposited in the user's wallet at the moment of minting. The user will also be able, again following due payment, to retrieve a Certificate of Authenticity of an NFT minted through Maenoox, detailing all the useful references to identify the file on the blockchain network.

Maenoox is an NFT service platform operating on one or more public global blockchains offering artists a service of minting NFT - Non-Fungible Tokens and issuing Certificates of Authenticity (CoA). The Maenoox platform uses specially developed Smart Contracts that allow authors, through the Vanilla minting mode, to create NFTs of their digital creations and sell them on any public marketplace. Maenoox is not a CASP (Crypto Asset Service Provider) as defined by the EU 2023/1114 MiCAR (Market in Crypto Asset Regulation).

You can mint the NFTs of your works by paying by credit card in Euro currency. To access the services of the platform and to receive the purchased NFTs, you must have a wallet. The wallet is an electronic wallet protected by PPK (public and private key) cryptographic keys, which allows you to store the non-fungible tokens (NFT) associated with your digital works. Maenoox uses the wallet service (web wallet) Metamask, whose access link is available at login.

Two types of economic transactions are possible in the Maenoox platform:

1. Economic transactions, which determine the service costs - mint of the NFT token and authenticity certificate of the NFT -, made by the user in favour of Maenoox by means of legal tender (FIAT currency) with a credit card, respectively for the fixed amount of € 35.00 and € 15.00;

2. Blockchain transactions, constituting the mark up, made directly and exclusively towards the blockchain by the Maenoox application on the Ethereum public and global network identified by Maenoox itself (Ethereum Main Net - Chain ID 1), the service costs of which are variable and charged to the user at the time of purchase;

3. Possible VAT/VAT according to the place where the transaction takes place. Maenoox is a pure NFT mint platform. It does not act as a financial broker or trader, nor as a Crypto Asset Service Provider (CASP), so Maenoox is a useful and easy-to-use tool for all content creators who wish to realise NFTs by uploading a file and its subsequent transformation into a non-fungible token made available in the user's wallet, via Maenoox's smart contract.

Maenoox allows the user, registered with its wallet, to create an NFT token by uploading a digital content, describing it, selecting a licence type allowed on Maenoox, and upon the seller's consent displaying it in its gallery on its website https://www.maenoox.com. Particularly, when entering the digital file attributes (NFT) it is possible to define the author, either by his first and last name, by a pseudonym, by an identified code or by leaving him anonymous. The author will be able to identify himself in a certain way in order to claim the rights attributed to him by law. The author may therefore differ from the owner of the NFT, represented by the wallet that identifies him when accessing the platform and on which the NFT will be minted. The user therefore declares to operate in a lawful and correct way in the respect of the Laws on the copyright and releases Reiss Digital Life Srl from every liability regarding eventual disputes of attribution of the author's rights that could occur between the author and the owner of the NFT.

Upon successful completion of the payment transaction, Maenoox will mint the NFT token associated with the digital work and deliver it to the owner's wallet address. Anyone, except if the owner does not make it publicly visible, selecting the digital good in the site's gallery will be able to view it in detail, obtaining all the accompanying information contained in the metadata. The owner of the NFT in his dashboard will immediately have the possibility to purchase and download from his browser the CoA of the digital content of which he will be the owner and sole responsible and the list of Maenoox's invoicing documents.

In view of the foregoing, the company Dot Beyond S.r.l. is in no way responsible for the management of the identification keys of the digital content, once created, as this is an unrepeatable operation and no data is kept.

The user assumes full responsibility for the originality, legitimacy, legality or contrary to morality, or the authenticity of the digital assets placed on our platform. Dot Beyond S.r.l. is not obliged to verify the originality, legitimacy, legality or contrary to morality, or the authenticity of the digital goods uploaded on the platform.

Given the above, the company Dot Beyond S.r.l. cannot be held responsible in case of loss, loss, cloning of the digital work once created. By clicking the "I agree" button, completing the account registration process, using our Services and/or purchasing cryptographic resources, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service or purchase DigitalAssetNFT.

1. Applicability of the Terms and Conditions These Terms and Conditions form a legally binding agreement (the "Agreement") between Maenoox company Dot Beyond S.r.l. ("Maenoox" or "We" or "Us") and the User ("You"). These Terms and Conditions govern access to and use of the Maenoox website and Blockchain Platform, including any pages and domains internal to the website, applications for smartphones, tablets and other devices, application interfaces (together referred to as the "Platform") and all associated services offered through the Platform (together referred to as the "Service"). We shall refer to the Platform and the Service as the "Online Site". Any terms and (legal) concepts used in these Terms and Conditions shall in any case be interpreted in accordance with the legislation in force, in the territory and on the date of acceptance of the contract.

2. Scope of the service Maenoox is a digital platform operating on one or more public global Blockchain (e.g. Ethereum and IPFS), where it is possible to create certified, unique, and non-reproducible or reproducible digital contents depending on the licence proposed by the user. All Creations processed by the Platform or all data and metadata contained therein are converted into a unique cryptographic token (NFT), coined by Maenoox. NFTs are tracked and stored forever in the distributed ledger on the relevant blockchain, providing the Buyer with a permanent record of authenticity and ownership.

All those who use the Maenoox Website are considered Users.

The scope of the Service is limited as follows: ● Users are responsible for both ex-ante Creations and ex-post NFTs representing rights to the same. Maenoox has no power of control over the metadata and content uploaded by the User and is therefore not responsible for the authenticity, security, legitimacy or accuracy of the information relating to the Creations. Maenoox plays a purely technical role, providing an online Site and supplementary services. By approving the conversion of the Work into NFT, Users expressly declare and guarantee that their Creation is adhered to as declared by them when uploading it. Users are prohibited from issuing NFT relating to Works or Contents protected by Copyright/Copyright and made with any form of derivation obtained through the use of digital visual language technologies (by way of example: Artificial Intelligence - AI, digital photography, digital imaging, net art, pixel art, digital painting, algorithmic art, computer graphics, video art, 3D sculpture), without the prior licence or authorisation issued by the author thereof. The User may, through Maenoox, only issue NFTs for Content that he or she has personally created and of which he or she has full ownership of all rights, unless otherwise provided and documented. Finally, he/she must refrain from coining further NFTs of the Digital Creation entrusted to Maenoox on any other blockchain, mint platform and with any other digital technology, even if unknown today. ● Maenoox relies on third party service providers. The Website may contain links to third party websites ("Third Party Service Providers") or may use additional services provided by third party service providers, such as payment services. Your use of such products, services, applications, or websites will be governed by and subject to the terms and conditions and privacy policies of the relevant Third-Party Service Provider.

3. Privacy The protection of personal information is very important to Maenoox. The User may consult the Privacy Policy to find out how his or her personal information is processed. By using the Website online, the User consents to the use of his or her information for the purposes of the service proposed in the contract, in accordance with the regulations in force on the subject.

4. Obligations and upload procedures incumbent on the User The User, by accepting these conditions, authorises Maenoox to publish on its platform the content that he or she has created. He may opt, by selecting the appropriate button on his dashboard, not to make such content public.

The content that the seller intends to upload on the Maenoox platform must always comply with the laws, regulations, decency, and good morals. The seller may not sell counterfeit or pirated DigitalAssetsNFT on the Maenoox platform, violators, once reported, will be excluded from the platform, and in case of request by the public security reported to the competent authorities, as well as the injured party. The User may provide his or her own content by accessing the Maenoox platform in the "create" section where he or she may upload his or her own digital work, subject to the provision of certain identification and descriptive data of the work, necessary for the correct uploading of the creation. Particular attention must be paid by the User to the selection of the type of licence to be attributed to the creation, since this information will be attributed as unmodifiable metadata in the blockchain.

The User is responsible for any defects or non-compliance and for complying with any security warnings or advisories relating to his or her digital works. The User agrees to immediately remove, directly or with the technical support of Maenoox, any digital work uploaded in the event of recalls or security warnings or alleged violations of intellectual property rights relating to the goods uploaded on the Maenoox platform. These Terms for Users do not create any exclusive relationship or partnership, joint venture, franchise, or representation between the User and Maenoox. In fact, the latter acts as a mere technical executor intermediating the action of creating non-fungible tokens between the content proposed by the User and the blockchain network.

5. Fees and payment methods The User who intends to create his/her own NFT must make the payment in favour of the company Dot Beyond S.r.l. (VAT/VIES n° IT14530051003) owner and proprietor of the Maenoox platform.

The User shall be solely responsible for any amounts due for taxation, costs, tax charges and commissions necessary for the purchase of the NFT digital work, which are summarised in a special screen that will appear before the conclusion of the purchase process. The User accepts and understands that commissions, rights granted with the sale and royalties on the blockchain network are transferred, processed, or initiated directly through one or more Smart Contracts.

6. Account Before being able to use the Site online, it is necessary to have a wallet, i.e. a Web3 digital archive based on blockchain and identified by a cryptographic hash address unique to each holder. To facilitate login, such access will take place through the integration of the "Metamask" wallet service, which will be mandatory and necessary, as it is the only way to access the Maenoox services ("Account"). The User for Maenoox corresponds to a wallet address, which in turn may indistinctly correspond to a natural person or legal entity. Normally, anyone can register with Maenoox. If the User is under 18 years of age, however, he or she must obtain the consent of his or her legal guardian or guardians. In the absence of such consent, or as a result of false communications, Maenoox will delete the account and its contents upon notice.

Below are the rules for using the Account: ● Obligation to provide accurate information. When creating your Account with Metamask or another wallet provider and during the payment process, you are obliged to provide complete and truthful information about yourself or your company. You may not use false information or pretend to be another person or company through your Account. You must always keep this information up to date. ● Choice of an appropriate user name. Maenoox requires its Users to choose a username ("Alias") that is not or cannot be considered offensive or vulgar, and that does not infringe the intellectual property rights of any third party or otherwise violate these Terms and Conditions. ● Account Protection. The combination of username and password of your Metamask wallet must be always kept secret. Maenoox does not possess or retain in any way the Metamask access credentials of the User, who is the only one to have them. Maenoox has the right to assume that only the User is able to access using his wallet address and password. The User is solely responsible for any activity relating to his/her Account with express release of Maenoox from any liability whatsoever including the misappropriation, by whatever means, of the above-mentioned combination. ● Account Restrictions. To ensure that the Online Site is and remains reliable and secure, Maenoox reserves the right (i) to deny you the ability to access your Account or, (ii) to restrict your use of it. ● Prohibit you from buying, selling, renting access to your Account unless you first have our written permission, as well as accessing the service through unauthorised Third-Party applications or clients; ● You may not reverse engineer any aspect of the Service, or do anything that might discover source code or circumvent or circumvent measures used to prevent or restrict access to any Service, area, or code on the Service. ● You may not use the Service for any illegal or unauthorised purpose, or engage in, encourage, or promote any activity that violates these Terms. ● If you violate the Terms, you will no longer be allowed to register. If your access to or use of the Online Site has been restricted in accordance with the Terms and Conditions, you will not be permitted to register with another Account or access and use the Online Site through another User's Account.

Maenoox may request the User to provide further information and documents at the request of any competent authority or in the event of the application of any applicable law or regulation, including laws relating to anti-money laundering or countering the financing of terrorism, or even if the User merely suspects that the Account is being used to carry out illegal activities of any kind. By creating an Account, you consent to receive electronic communications from Dot Beyond S.r.l. (e.g., via email or by posting notices on the Service). These communications may include notices about your Account (e.g., wallet address and other transaction information). You agree that any notice, agreement, disclosure or other communication that Maenoox sends electronically will satisfy the legal notice requirement provided that such communications are in writing. Maenoox may also send you promotional communications by email, including, without limitation, newsletters, special offers, surveys and other news and information that we believe may be of interest to you. You may at any time change your notification preferences in the appropriate section of your user profile.

7. Platform Operation Maenoox, in order to ensure that all mints of digital content performed through its platform are carried out without inconvenience, has established the following general rule to be considered valid and binding for all creations of NFT digital works: ● Every mint performed by the User is binding, therefore every purchase received from a User's Account shall be considered to have been performed by the Account holder himself, even if the action should be performed by third parties who do not own the Account. The transactions that take place on the Platform are managed by the Maenoox software, as well as through the blockchain. The User is aware that their public address will be made publicly visible each time they engage in a transaction on the Platform.

Maenoox does not own or control MetaMask, Coinbase, Google Chrome, the blockchain network or any other Third-Party site, product, or service that the User may access, visit, or use for the purpose of enabling the use of the various features of the Platform. Maenoox is not responsible for the acts or omissions of such third parties, nor will it be liable for any damages arising from transactions or any other interaction with such third parties.

Digital creations that Maenoox on its own initiative or on its own recommendation considers inappropriate, harmful or illegal will not be shown on its platform, including but not limited to digital works that include metadata that violate national and international intellectual property laws, promote suicide or self-harm, incite hatred or violence against others, degrade or despise another individual, or depict minors in sexually allusive situations, as well as those made with the purpose of raising funds for terrorist organisations, in which case the account will be immediately blocked and the digital content will be handed over at the request of the competent authorities.

The minting of stolen or fraudulently obtained content without authorisation is also prohibited. The uploading of illegally obtained digital content may result in both the deletion of the NFT as well as the concealment of creations or the automatic suspension of your Account. If a User has reason to believe that a work uploaded to the Maenoox platform has been obtained illegally, please contact us immediately at the following e-mail address: [email protected], we will examine your request and reply to you within 72 hours (Italian’s working days only).

8. Ownership Unless otherwise communicated by us in writing, the Service, and all content and other materials on it, including, without limitation, the Maenoox pictogram, logo and logotype and all designs, text, graphics, images, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the property of Dot Beyond S.r.l. or our affiliates.

The Maenoox logo and any Maenoox product or service name as well as slogans that may appear on the Service are trademarks of Dot Beyond S.r.l. or our affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute Maenoox's service mark, trademark or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

9. Disclaimer Maenoox provides the DigitalAssetNFT "as is" and "as possible" without any guarantee and without any implicit provision beyond the scope of this contract. Maenoox guarantees that the service: a) fulfils the purposes and functionalities, described herein; b) is provided in accordance with the reliability, security and completeness described, but no guarantee is given for use in other ways or for purposes not defined in the "terms and conditions"; c) is stable and accurate to the extent tested to date, with no further warranty concerning bugs, unforeseen functionality, or misuse. Maenoox disclaims all further warranties or conditions not included herein, including any additional warranties or implied conditions of merchantability, fitness for a particular purpose, title and non-infringement contained herein. Maenoox assumes no responsibility for the content disseminated and present on its channel, being only a medium. Maenoox is not liable for any latency or defects arising from services provided by third parties, such as payment services, Blockchain transactions and Cloud Hosting. In particular, as the DigitalAssetNFT is composed of a file and its metadata, Maenoox does not guarantee the display of the DigitalAssetNFT file and metadata on all marketplaces, as these Third-Party services each have their own algorithm with which they enable the display of metadata. Maenoox makes access and use of the service and the contents secure, but does not guarantee that the same are free of viruses or other malware. You accept the inherent security risks of providing information and trading online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence. Maenoox is not liable for damages resulting from: (a) user errors such as forgotten passwords, incorrectly constructed transactions, or incorrect addresses; b) technical damages resulting from the management of storage systems; c) corruption of content entered in the portfolio; d) malicious or prejudicial content introduced by Maenoox users with malicious intent or for purposes contrary to applicable regulations.

Blockchains (e.g. Ethereum) are based on the execution of algorithms that regulate intangible digital assets. They exist only by virtue of the Ledger, the public ledger owned by all nodes in the network, persisted and updated simultaneously on all synchronised nodes in the distributed network. Any transfer of an NFT takes place via a node connected to the blockchain network on our cloud server, on which the architecture of the Maenoox platform resides.

Maenoox is not liable for losses incurred due to vulnerabilities or any kind of failure, abnormal behaviour of the software called "Smart Contract", the virtual machine (VM) on the blockchain or other features of the cryptographic resources specific to the protocol used. Maenoox is not liable for losses due to late reports by developers or representatives (or no reports at all) of any problems with the blockchain supporting the DigitalAssetNFT, including forks, technical problems of the node or any other problems resulting in loss of funds.

The User agrees to indemnify and hold harmless Maenoox from any damages, liabilities, costs, and expenses, including legal fees, or claims of third parties, arising from any breach of law, as well as from any liability related in any way to the statements made by the seller regarding the claims of uniqueness, authenticity, and authorship of the Work.

Notwithstanding what is contained in the present document, it is represented that in no case the liability of Dot Beyond S.r.l. deriving from or in any way connected to these terms, in relation to the use of the service, may exceed the amount of € 1.00 or in any case the amount received by Dot Beyond S.r.l. following the creation of DigitalAssetNFT on the Maenoox platform.

10. Assumptions of Risk The User accepts and acknowledges that: (a) once the DigitalAssetNFT has been minted (minted) on Maenoox, he will manage it on any exchange platform or marketplace according to his total responsibility.
    b) Our software does not store, send or receive NFTs, but each NFT is maintained on its supporting blockchain. Any transfer of NFTs takes place within the supporting blockchain and not on this Service. c) You agree and acknowledge that Maenoox will not be liable for any communication errors, interruptions, errors, distortions or delays that you may experience while using the platform regardless of the cause. d) A lack of public use or interest in the creation and development of distributed ecosystems could have a negative impact on the development of such ecosystems and related applications and could therefore also have a negative impact on the potential usefulness or value of DigitalAssetNFT. e) Maenoox implements DigitalAssetNFTs under the current regulatory regime governing blockchain technologies and tokens. f) Maenoox is not a platform for the financialisation, DeFi, or trading of crypto assets and/or crypto currencies. NFTs represent a unique digital asset and do not constitute an exchangeable or convertible reserve with fiat currencies, coins, stablecoins or other digital assets. Maenoox does not provide or encourage with its services any kind of trade in this respect.

Despite Maenoox's best efforts to maintain a high standard of quality, there are risks associated with purchasing user-generated content, including but not limited to, the risk of undermining counterfeit resources, mislabelled resources, resources that are vulnerable to metadata decay, resources on smart contracts with bugs, and resources that may become non-transferable. Maenoox reserves the right to hide collections, contracts and resources affected by any of these issues or other problems.

11. Third Party Services The Service may contain links to third party websites ("Third Party Websites") and applications ("Third Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not notify you that you have left our Service and that you are subject to the Terms and Conditions (including privacy policies) of another website or destination. Such third-party websites and third-party applications are not under the control of Maenoox; therefore, Maenoox is not responsible for Third-Party websites or third-party applications. Maenoox provides these third-party websites and third-party applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations about third-party websites or Third-Party applications, or their products or Services. Once you link to any Third-Party Websites or Third-Party Applications by leaving our Site, these Terms will no longer apply. You will therefore need to review all applicable agreements and policies, including privacy and data collection practices, of any Third-Party Web Sites or Third-Party Applications and make any enquiries you deem necessary or appropriate before proceeding with any transaction with any Third-Party.

12. Modification of the Terms of Use Maenoox may amend or supplement these Terms and Conditions at any time by posting them on the Online Site. If an amendment or supplement materially affects your rights or obligations, we will notify you by e-mail, or we will notify you of changes while you are using the Online Site by means of simple notices.

In the event that the User continues to use the Online Site after the Terms and Conditions have been amended or supplemented, the User thereby proves that he or she irrevocably accepts the Terms and Conditions of Use as amended or supplemented. In the event that the User does not accept the modified and/or supplemented Terms of Use, he or she may discontinue use of the online Site and delete the Account, subject to compliance with the obligation to download the NFT digital work in the manner described above.

Maenoox reserves the right to transfer the rights and obligations deriving from these Terms and Conditions to third parties, subject to prior notice to the User. Should the User not find the transfer of obligations to third parties acceptable, he or she may discontinue use of the Website online and delete his or her Account.

13. Termination, suspension, and other measures Termination by the User. The User may remove his or her Account at any time.

Termination by Maenoox. Any violation of these Terms and Conditions may result in immediate termination of an Account without formal requirements.

Suspension of Service. Maenoox has the right to suspend the Service if it has sufficient grounds to believe that you are not acting in accordance with these Terms and Conditions.

Maenoox reserves the right to take any additional protective measures to protect the Online Site and Other Users from unlawful, fraudulent, or otherwise inappropriate conduct.

14. Applicable law and competent court These Terms and Conditions are governed by Italian law.

Any dispute arising from the signing, validity, efficacy, interpretation or execution of these Terms and Conditions and from relations deriving from them or related to them shall be the exclusive competence of the Court of Rome.

15. Survival These Terms and Conditions shall survive the termination of your Account.

The invalidity of one or more clauses or paragraphs contained in this Agreement shall not affect the remaining provisions of the Agreement or any part thereof. In the event that one or more such clauses or paragraphs are declared invalid by a final decision, decree, or judgment, this Agreement shall be construed as if such invalid clause(s) or paragraph(s) had not been inserted herein. To the extent not disputed at the time of signing, reference shall also be made to this document in the event of termination of the account. These Terms and Conditions are limited to the Maenoox platform, should the digital content and non-fungible NFT tokens be transferred, marketed, exchanged, or distributed on other platforms in no way shall the conditions contracted by these platforms affect the User's contractual relationship with Maenoox.