Terms & Conditions
Date last updated: 10/02/2022
BY CLICKING TO ACCEPT AND/OR USE OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
1.1 - These Terms of Service (the 'Terms') set forth the terms on which Webimpacto Consulting, S.L. ('Leofy') provides you with access to and use of our websites, mobile applications, web applications, decentralized applications, APIs or any other tools and functionalities (collectively, the 'Platform').
1.2 - Access to and use of certain areas or the Platform may be subject to separate policies, rules or guidelines, or may require you to agree to additional terms and conditions. If there is any conflict between these Terms and the terms and conditions applicable to a specific area or features or services of the Services, the latter terms and conditions shall prevail with respect to your access to or use of that area or feature, unless otherwise stated.
1.3 - Leofy reserves the right to modify these Terms at any time. If we make changes, we will post them prior to the effective date and update the 'Last Updated' date indicated in the heading. In no event will the changes have retroactive effect. If you do not agree to the new Terms, you must cease using the Services.
2. About Leofy
2.1 - The Platform facilitates the promotion and formalization of transactions for the purchase and sale and exchange of single or limited non-fungible digital tokens or similar digital items ('NTFs') by means of smart contracts implemented on blockchain (hereinafter, the 'Services').
2.2 - Among the functionalities offered by the Platform are the provision to its users of tools, applications and functionalities for communication, storage and management of information and content, as well as, interaction/integration with systems, electronic payment gateways or wallets or digital wallets, own and external, as the case may be.
2.3 - Leofy may modify, suspend or withdraw the tools, applications and functionalities of the Platform, without affecting its main functionalities. The user accepts that the formalization of the contractual relationship is not conditioned to the delivery of any future tool, functionality or resource.
3. Ownership of the Service
3.1 - Leofy is the owner of the Platform and is responsible for the provision of the Services.
3.2 - Leofy is a limited liability company of Spanish nationality with registered office at Calle Ingertal 24, 45529, Yuncler (Toledo) and provided with Tax Identification Number B-45814670, is the owner and responsible for the Services.
3.3 - You can contact Leofy through the following means:
Email: [email protected]
4. How can I use Leofy?
In order to use the Platform you must have an Internet connection, be of legal age, use a web browser enabled for 'web 3', for example, Google Chrome or Brave. To formalize transactions you must also be registered in one of the following digital wallets: Binance, Cripto.com or Moonpay, which will connect with our Platform and allow you to make NFTs transactions on blockchain. In case you do not have a digital wallet, Leofy can create in real time your wallet or digital wallet in any of the above mentioned digital wallets to formalize your transactions. You will only be able to use the Platform if your wallet is connected and unlocked. There is no other way to register as a user, or to interact directly with the Platform.
Your sign-up account on the Platform will be associated with your blockchain address and will display the NFTs for that address and, if applicable, any content associated with those NFTs. Transactions that take place on the Platform are managed and confirmed through the blockchain. Your public address will be visible each time you participate in a transaction. Please note that we never have access to any private keys or content you store in your wallet.
5. Your Leofy account
5.1 - In order to formalize transactions through the Platform, you must create an account. To do so, you must provide accurate, current and complete information during the registration process and keep your account information and public account profile page up to date at all times. If you are registering an account on behalf of a legal entity, you represent and warrant that you have the authority to legally bind such entity.
Leofy may at any time request additional information from you that it deems necessary to verify your identity. Leofy may deny, suspend or terminate your account until Leofy accesses and validates such information.
5.2 - You are responsible for maintaining the confidentiality and security of your Platform access credentials, including your private key or any other authentication or code used to formalize transactions. Any unauthorized access to your account may result in the loss or theft of NFTs and/or funds in any linked account. Leofy will not be responsible for any of any activity conducted through your account.
In the event that you know or have reason to suspect that your credentials have been stolen, lost, misappropriated or otherwise threatened, or in the event of any unauthorized use of your account or suspicion thereof, please inform us immediately.
5.3 - You may not under any circumstances assign or otherwise transfer or give access to your account to any third party.
6. How you can trade NFTs on the Platform
6.1 - NFTs may be stored, displayed, exhibited, sold or transferred to other persons. When a person purchases or transfers an NFT, the NFT it represents is automatically transferred to that person's wallet. We have no knowledge of or control over these payments or transactions, nor do we have the ability to reverse any transaction. We shall have no liability in respect of any transaction you make through the Platform.
6.3 - Leofy may in its discretion accept or decline to market NFTs through its Platform.
6.4 - In the event that you choose to remove any NFTs, you agree to assume the full cost of any blockchain fees, as well as responsibility for their removal. Leofy will not be able to remove any NFTs on your behalf.
7. What are my obligations if I am an owner of an NFT?
7.1 - Owners are responsible for the NFTs you make available on or through the Services. Consequently, they shall be responsible for the authorship and originality of the content that incorporates the NFT (such as, for example, illustrations, animations, photographs, audio, videos, etc.), ensuring that it has all the rights and consents necessary for its commercialization, that they comply with and respect the applicable regulations and do not infringe any third party rights, including, by way of example, intellectual property rights, industrial property rights, image rights, honor, etc.
7.2 - Any NFT that incorporates content that is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; is defamatory, libelous, obscene, pornographic, vulgar or offensive; encourages discrimination, bigotry, racism, hatred, harassment or harm against any person or group; is violent or threatening or encourages violence or actions that are threatening to any other person or animal or encourages unlawful or harmful activities or substances is prohibited.
7.3 -Leofy may, without notice, terminate or suspend access to any account that incorporates NFTs that Leofy believes are in breach of these Terms.
7.4 If you believe that any content of an NFT hosted on the Platform infringes your or any other person's intellectual property rights, please let us know at [email protected].
8. Financial Terms
8.1 Access by users to the Platform is free of charge, although, in the future, Leofy may charge fees, which guarantee access to exclusive services or premium features.
8.2 The total amount of the transaction shall be paid by the Buyer which may be paid by cryptocurrency through the Binance, Crypto and Moonpay platforms or by credit card.
8.3 Any transaction costs imposed by the blockchain network used to execute the transaction and make the corresponding payment shall be borne by the Owner.
8.4 The buyer and seller shall be responsible for the settlement and payment of all taxes related to the transactions they formalize through the Platform.
9. Property rights on the Platform
9.1 Leofy reserves all rights, title and interest in and to the Platform, including all related intellectual property rights.
9.2 No rights shall be granted to the User except those expressly provided for in these Terms.
10. License to use the contents
10.1 - The Platform allows (i) users to create, upload, post and submit their registration and profile information and (ii) users to access and process this information and any content that Leofy itself makes available on the Platform.
Leofy makes available on the Platform (collectively, the 'Shared Access Content').
Users authorize Leofy to use, on a non-exclusive basis, to copy, store, modify, distribute, publish and process the Shared Access Content information within the Platform without any additional consent or compensation, solely for the purpose of providing its services and facilitating or enhancing the provision of services inherent in the conduct of the Platform's business. We will need your consent if we want to grant others the right to publish your content outside the Platform.
10.2 - You may access, download and display any Shared Access Content made available on or through the Platform to which you have access, solely for use on the Platform. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or exploit such content, except as expressly permitted in these Terms. No license or right is granted to you, implied or express, under any intellectual property rights therein, except for the licenses and rights expressly granted in these Terms.
10.3 - You are solely responsible for all content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of any Content that you make available on or through the Platform or that you have all rights, licenses, consents and disclaimers necessary to grant Leofy the rights in and to such Content as contemplated by these Terms; and (ii) neither the Content nor its posting, uploading, dissemination, broadcast, posting or transmission nor Leofy's use (or any part thereof) will violate, misappropriate or infringe any third party's patent rights, copyright, trademark, trade secret, moral rights or other private or intellectual property rights, privacy or personality protection rights, or result in a breach of any applicable law or regulation.
10.4 You will not post, upload, disseminate, broadcast, submit or transmit any content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any person or group; (iv) is violent or threatening or encourages violence or actions that are threatening to any other person or animal; (v) encourages unlawful or harmful activities or substances; or (vi) violates the rights of any third party. Leofy may, without prior notice, remove or disable access to any Shared Access Content that Leofy believes violates these Terms or any applicable Leofy Policies or Rules, or otherwise may be harmful or offensive to any third party.
11. Liability regime
11.1 - Leofy is the technological developer of the Platform and, consequently, does not own, sell, resell or control the sale of the NFTs, but only provides a digital intermediation service by making the technology available, being, therefore, the users who directly formalize the transactions.
11.2 - Access to and use of the Platform is voluntary and at your own risk. The Platform is offered 'as is', without warranty of any kind, either express or implied. Leofy cannot guarantee the continuous and uninterrupted availability and accessibility of the Services. Leofy shall assume no responsibility for any unavailability caused by circumstances beyond its control.
Leofy may restrict the availability of the Services or certain areas or functions thereof if necessary due to capacity limits, the security or integrity of our servers, or to carry out maintenance measures to ensure the proper or improved functioning of the Services.
Leofy may improve, reinforce and modify the Platform, as well as introduce from time to time new tools, applications or functionalities.
11.3 - In particular, users of the Platform are aware and accept that:
- Any transfer of NFTs occurs within the supporting blockchain on the blockchain network where the transaction materializes so Leofy has no control over the operations taking place there.
- The prices of NFTs can fluctuate sharply. Lack of public use or interest in the creation and development of distributed ecosystems could adversely affect the development of the Leofy ecosystem and, therefore, the potential utility or value of NFTs. Leofy cannot guarantee the profitability of transactions.
- The potential increased cost of transacting on blockchain networks is variable and may increase at any time causing impact on any activity taking place on the blockchain.
- Leofy cannot guarantee that there will be no increase in transaction costs.
- Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and digital assets, which could result in the theft or loss of your digital assets or NFTs.
- Leofy is not responsible for any damage as a result of the use of the blockchain network where the transaction materializes, or the use of the wallet or any problems with the blockchain supporting the network where the transaction materializes.
- To the extent possible, we intend to update the protocol underlying the Platform to take into account any advances in cryptography and to incorporate additional security measures, but does not guarantee or represent the full security of the system. By using the Platform, you acknowledge these inherent risks.
12. Rules for use of the Platform
12.1 You are solely responsible for complying with any and all laws, rules, regulations and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you shall not:
- Breach or circumvent any laws or regulations, contracts with third parties, third party rights or our Terms, policies or rules that may apply.
- Use the Platform for any purpose (commercial or otherwise) that is not expressly contemplated by these Terms.
- Use the Platform in connection with the distribution of unsolicited commercial messages ('spam').
- Misuse or abuse the Services or its tools, applications or functionalities.
- Use, display, mirror or frame the Platform or any individual element of the Services, the Leofy name, any Leofy trademark, logo or other proprietary information, or the design and layout of any page or form contained on a page of the Services, without the express written consent of Leofy.
- Damage the Leofy brand in any way, including, without limitation, unauthorized use of content, registration or use of Leofy or derivative terms in domain names, trade names, trademarks or other source identifiers, or registration or use of domain names, trade names, trademarks or other source identifiers that closely mimic or are so similar to Leofy's domain names, trademarks, slogans, promotional campaigns or are so confusingly similar to them.
- Use robots, web crawlers, web spiders, web worms, web scrapers and other automated means or processes to access, collect data and other content from, or otherwise interact with, the Platform for any purpose.
- Circumvent, circumvent, bypass, remove, disable, disable, impede, decrypt or otherwise attempt to circumvent a technological measure put in place by Leofy or any of Leofy's suppliers or other third parties to protect the Platform.
- Attempt to decrypt, decompile or disassemble software used to provide the Platform or reverse engineer it.
- Take any action that impairs or adversely affects, or may impair or adversely affect, the performance or proper operation of the Services.
- Infringe or violate the rights of any other person or otherwise harm any other person in any other way.
- Transfer Users' data or use it for any purpose other than to promote the conclusion of transactions for the sale and purchase of single or limited non-fungible digital NFTs ('NTFs') and the information, content, communications and contacts it generates.
- You acknowledge that Leofy has no obligation to monitor any user's access to or use of the Services or to review, disable access to or modify any content, but has the right to do so.
- You acknowledge that Leofy has no obligation to monitor any user's access to or use of the Services or to review, disable access to or modify any content, but has the right to do so in order to (i) operate, protect, analyze and improve the Platform (including, without limitation, for fraud prevention, risk assessment, research and customer service purposes); (ii) to ensure users' compliance with these Terms; (iii) to comply with applicable law or a court order or subpoena or order issued by law enforcement or other administrative agencies or governmental bodies; (iv) to respond to Shared Access Content that it determines to be harmful or offensive; or (v) as otherwise provided in these Terms.
- Users agree to cooperate with and assist Leofy in good faith and to provide Leofy with such information and take such action as Leofy may reasonably request in connection with any investigation Leofy or one of its representatives undertakes in connection with use or abuse of the Services.
13. Third Party Services
13.1 - We do not control any third party browser, wallet, wallet connector or blockchain network, or any other third party site, product or service that you may access through the Platform (the 'Third Party Services').
14. 1 - You agree to hold harmless, indemnify and hold harmless Leofy, and its officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, arising out of, or are in any way related to (i) your breach of these Terms or our Policies or Rules, (ii) your misuse of the Services or any Leofy Services, (iii) interactions that take place or are promoted between users, or (iv) your violation of any laws, regulations or third party rights.
14.2 - Neither party shall be liable to the other for consequential damages however caused, whether in contract, tort or under any other theory of liability and whether or not the party has been advised of the possibility of such damages.
15.1 - Leofy may terminate the contractual relationship, immediately and without notice, if (i) you have materially breached your obligations under these Terms, our Policies or Rules, (ii) you have violated any law, regulation or third party rights applicable to you, or (iii) Leofy believes in good faith that such action is reasonably necessary to protect the personal safety or property of Leofy or any third party (e.g., in the event of fraudulent behavior by a user).
15.2 Upon termination of the contractual relationship, you shall not be entitled to have your account reinstated. If your access to or use of the Services has been limited or your account has been suspended, you may not register a new account or access or use the Platform through another user's account.
17. Prohibition of assignment
You may not assign, transfer or delegate this Agreement or your rights and obligations hereunder without the prior written consent of Leofy. Leofy may assign, transfer or delegate this Agreement and any rights and obligations hereunder in its sole discretion. Your right to terminate this Agreement at any time shall not be affected.
18. Invalidity and waiver of rights
If any provision of these Terms shall be deemed void or unenforceable, such provision shall be eliminated and shall not affect the validity and effect of any remaining provisions. The failure of Leofy to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged or agreed to by us in writing. Except as expressly provided in these Terms, the exercise by either party of any of its remedies under these Terms shall be without prejudice to its other remedies under these Terms or otherwise provided by law.
Any notices and other communications to users required or permitted under this Agreement shall be made electronically and shall be delivered by Leofy by e-mail, by notice on the Platform or by message.
20. Applicable Law
These Terms shall be construed in accordance with Spanish law.