Chainmatics GmbH (“Chainmatics”, “we”, “us” or “our”) owns and operates Chainmatics Studio, Chainmatics Developer tools (such as APIs) and other products and services it makes available through its applications and sites (collectively, the “Services”), including at chainmatics.net.
Chainmatics is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. Chainmatics provides a peer-to-peer web3 service that helps users discover and directly interact with each other and unique non-fungible tokens (“NFTs”) available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Services, you must use a third-party, supported digital cryptocurrency wallet (“Wallet”) which allows you to engage in transactions on blockchains and must register for an account on the Services (“Account”).
Wallets are not operated by, maintained by, or affiliated with Chainmatics, and Chainmatics does not have custody or control over the contents of your Wallet and has no ability to retrieve or transfer its contents. Chainmatics 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 Services will operate with any specific Wallet. You are solely responsible for keeping your Wallet secure and you should never share your wallet credentials, private key 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.
Chainmatics is not party to any arrangement or agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Services and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Services.
Accessing the services
You represent and warrant that you comply, and will comply, at all times with all applicable laws when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that:
(a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to sanctions, embargoes or related measures imposed by Canada, the United States or the United Nations (collectively, “Sanctions”);
(b) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, a jurisdiction subject to Sanctions
(c) none of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, a jurisdiction subject to Sanctions, or is owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, a jurisdiction subject to Sanctions. If you access or use the Services outside Canada, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services or other actions that Chainmatics, in its sole discretion, may elect to take. Chainmatics may disable your Account or reclaim or reassign your username or associated URL without liability to you.
We may withhold and pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Services and you will provide all information we require to comply with any corresponding obligations we may have.
We require all users to be at least 18 years old. If you are at least 16 years old but under 18 years old, you may only use Chainmatics through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Services if you are under 16 years old.
The Services, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Chainmatics logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Chainmatics or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Services and their content, including, without limitation, the exclusive right to create derivative works.
All other third-party trademarks, registered trademarks, and product names mentioned on the Services or contained in the content linked to or associated with any NFTs displayed on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Chainmatics.
Rules of conduct
You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Services. You also agree that you will not:
- Use or attempt to use another user’s Account without authorization from such user
- Pose as another person or entity, or use a wallet to engage in a transaction on Chainmatics that is owned or controlled, in whole or in part, by any other person
- Access the Services from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Services, unless you have our written permission first
- Use the Services – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Services in any manner
- Bypass or ignore instructions that control access to the Services, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Chainmatics
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services pages or functionality
- Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services
- Sell or resell the Services or attempt to circumvent any Chainmatics system for determining fees, charges or use
- Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that Chainmatics might use to sort search results
- Use the Services or data collected from our Services for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing)
- Use the Services for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Chainmatics
- Use the Services, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any jurisdiction subject to Sanctions; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any jurisdiction subject to Sanctions.
- Use the Services to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments
- Use the Services to create, sell, or buy NFTs or other items that give owners rights to participate in an initial coin offering or any securities offering, or that are redeemable for securities, commodities, or other financial instruments
- Use the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity
- Use the Services to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items
- Infringe or violate the intellectual property rights or any other rights of others
- Create or display illegal content, such as content that may involve child sexual exploitation
- Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services.
You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Services. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Services.
Chainmatics has the right to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services.
License to access and use our services and content
Third-Party content and services
Chainmatics does not make any representations or warranties about third-party content visible through our Services, including any content associated with NFTs displayed on the Services, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on Chainmatics will always remain visible and/or available to be bought, sold, or transferred.
NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.
The Services may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Services, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Chainmatics, and may be “open” applications for which no recourse is possible. Chainmatics is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Chainmatics provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
Disclaimer of warranty
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND CHAINMATICS HEREBY DISCLAIMS ALL WARRANTIES, GUARANTEE OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, CHAINMATICS DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE EXTENT PERMITTED BY APPLICABLE LAWS.
Limitation of liability
Ability to change or terminate operations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, CHAINMATICS MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
Chainmatics may terminate or make changes to all or any portion of the Services and may delete any content or data that has been submitted to the Services at any time and without notice or liability. Chainmatics will not be liable to you or any third-party for any claims or damages arising out of any termination or suspension of your access or use of the Services.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Chainmatics assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.