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TERMS & CONDITIONS

Welcome to the NFT marketplace operated by DLT Tech SHPK (“NFTiFay,” “we,” “our,” or “us”). These Terms and Conditions (“Agreement”) govern your access to and use of our website and any associated services, software, or applications we provide (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by this Agreement in its entirety. If you do not agree, you may not use the Platform.

IMPORTANT NOTICE: This Agreement contains provisions that may affect your rights, including limitations on liability, a class action waiver, and dispute resolution terms. Please read carefully.

1. Eligibility and Restricted Jurisdictions

You may use the Platform only if you are of legal age in your jurisdiction (for example, at least 18 years old) and capable of entering into a binding contract. You may not access or use the Platform if you are located in, incorporated in, or a citizen or resident of any jurisdiction subject to sanctions, embargoes, or restrictions imposed by the U.S., U.K., EU, or UN (“Restricted Territories”), or if your use would violate applicable sanctions laws.

We may restrict access to the Platform in any jurisdiction at our discretion.

2. Platform Use and Digital Wallets

To use certain features of the Platform, you must connect a non-custodial digital wallet (“Digital Wallet”) that supports NFTs. You are solely responsible for safeguarding your wallet credentials and ensuring the accuracy of wallet addresses.

We do not provide wallet services and do not hold or access your private keys. We assume no responsibility or liability in connection with your use of a Digital Wallet, blockchain networks, or third-party wallet providers.

3. NFT Marketplace and Transactions

We facilitate the display, listing, and exchange of non-fungible tokens (“NFTs”) but do not guarantee any NFT’s quality, uniqueness, legality, authenticity, availability, or value. NFTs may be subject to market volatility, technical limitations, regulatory changes, and other risks.

Blockchain transactions are generally irreversible. Once confirmed on-chain, transactions may not be canceled or reversed.

4. Prohibited Uses

You agree not to use the Platform to engage in any of the following prohibited activities:

  • Violating any applicable laws, regulations, or AML/CTF (anti-money laundering / counter-terrorist financing) requirements

  • Infringing intellectual property rights or selling counterfeit or unauthorized NFTs

  • Deploying malware, conducting denial-of-service attacks, scraping data, reverse engineering, or attempting to compromise Platform integrity

  • Misrepresenting affiliation with NFTiFay or impersonating others

  • Using anonymizing tools (VPNs, proxies) to evade restrictions or compliance checks

  • Using the Platform as a custodial service, money transmission service, or payment system without our express written authorization

  • Engaging in fraudulent, deceptive, or abusive conduct

We may investigate suspected violations and take appropriate action, including suspension or termination.

5. Registration and Profiles

You may be required to register and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account access and for all activity under your account.

We may request additional verification (including KYC) and may deny, restrict, suspend, or revoke accounts or profiles at our discretion.

6. Fees and Payments

You agree to pay all applicable fees related to NFT transactions, including Platform service fees and blockchain network (“gas”) fees. Fees will be disclosed before you confirm a transaction where feasible.

We are not responsible for fluctuations in gas prices, blockchain congestion, processing delays, or third-party payment processing issues.

7. Risks and Assumption of Liability

Using blockchain technology and transacting in NFTs involves significant risk, including potential loss of value, security vulnerabilities, scams, market volatility, and technical failures.

To the fullest extent permitted by law, we are not responsible for:

  • smart contract or blockchain failures, forks, rollbacks, or consensus changes

  • loss of access to NFTs or Digital Wallets, lost private keys, or compromised credentials

  • regulatory restrictions or changes affecting NFT ownership, transferability, or utility

  • actions or omissions of third parties (including creators, sellers, marketplaces, networks, or wallet providers)

8. Intellectual Property (Platform IP)

The Platform and all related content, branding, software, and trademarks are the intellectual property of NFTiFay or its licensors (“NFTiFay IP”). You may not copy, reproduce, distribute, modify, or use NFTiFay IP without our prior written consent.

9. User Content and Listings

Creators/sellers may provide content such as images, metadata, names, descriptions, and other materials (“User Content”). You represent and warrant that you own or have the necessary rights and permissions to submit User Content and to mint/list NFTs associated with it.

By submitting User Content to the Platform, you grant NFTiFay a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute such User Content solely as necessary to operate, promote, and provide the Platform and related services.

10. Third-Party Content and Interactions

The Platform may display or link to third-party websites, services, or content. We do not endorse, control, or assume responsibility for third-party offerings. Your interactions with third parties are solely between you and them.

11. NFT Services and Payment Methods

If offered, we may facilitate NFT purchases using credit/debit cards or other payment methods through third-party processors. All NFT purchases are subject to blockchain confirmation and may be delayed, rejected, or canceled due to technical, compliance, risk, or legal factors.

Refunds are issued only in accordance with our Cancellation & Refund Policy.

12. Chargebacks and Refunds

If you initiate a chargeback or payment reversal, you agree to cooperate with us and provide requested information. Where applicable, we may require that the NFT be returned/transferred to an address we specify before any refund is processed.

We reserve the right to dispute chargebacks, suspend your account, and withhold funds as permitted by law and payment network rules.

13. Taxes

You are solely responsible for determining and paying any taxes applicable to your use of the Platform, NFTs, or digital assets. We do not provide tax advice and are not liable for any tax obligations you may incur.

14. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause, including for suspected violations of this Agreement or applicable law. Upon termination, provisions that by their nature should survive will remain in effect (including, without limitation, Sections on IP, risk, limitation of liability, indemnification, and dispute resolution).

15. Limitation of Liability

To the fullest extent permitted by law, NFTiFay shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, or any loss of profits, revenue, data, goodwill, or business interruption arising out of or related to your use of the Platform.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Platform or this Agreement shall not exceed the greater of:
(a) the total fees paid by you to NFTiFay (if any) in the six (6) months immediately preceding the event giving rise to the claim; or
(b) USD 100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless NFTiFay and its affiliates, officers, directors, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • your use of the Platform

  • your violation of this Agreement or applicable law

  • your transactions or interactions with third parties

  • your User Content or alleged infringement of any rights (including IP rights)

17. No Professional Advice

All information on the Platform is provided for general informational purposes only and does not constitute legal, financial, tax, or investment advice. You should consult independent professional advisors before making decisions.

18. Dispute Resolution and Governing Law

This Agreement is governed by the laws of Albania, without regard to conflict of law principles.

You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be submitted to the competent courts of Tiranë, Albania, unless mandatory consumer protection laws in your jurisdiction require otherwise.

We encourage you to contact us first to attempt to resolve disputes informally.

19. Class Action Waiver

To the fullest extent permitted by law, you agree that any claims brought against NFTiFay must be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative action.

20. Force Majeure

We are not responsible for delays or failures due to events outside of our reasonable control, including natural disasters, internet outages, strikes, war, terrorism, labor disputes, regulatory changes, or failures of blockchain networks or third-party providers.

21. Amendments and Notices

We may modify this Agreement at any time. Continued use of the Platform after changes become effective constitutes acceptance. We may provide notice of material changes by email, on-platform notifications, or announcements.

22. Entire Agreement and Severability

This Agreement, together with our Privacy Policy and any supplemental terms or policies referenced herein, constitutes the entire agreement between you and NFTiFay regarding the Platform. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.

23. Contact

For questions, complaints, or legal notices, contact us at:

DLT Tech SHPK
Address: 8R912+CP6, Rruga Janos Hunyadi, Tiranë, Albania
Email: [email protected]