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(Pre-Prod open Beta) vers May 2024

Terms and Conditions

AdaMoments.io
Ada Moments Terms of Use
Last updated 16-07-2024

Ada Moments aims to revolutionize the way individuals create and own their digital footprint. This User Agreement, coupled with your actions, allows us to achieve this goal.

Ada Moments  is designed to serve as a platform for your enjoyment. By using or accessing our Platform, you consent to these Conditions. If you do not consent to these Conditions, you are not permitted to use or access our Platform.

By accessing our platform you verify that you are at least 18 years old and meet the minimum age requirements stipulated by the laws of your country of residence to use the Platform;

  • You are capable of entering into a legally binding agreement with us or, if you are not, your legal guardian has reviewed and consented to these Conditions on your behalf;
  • You are not prohibited from using the Platform under any applicable laws; and
  • You have not been permanently banned or expelled from the Platform.

If you are agreeing to these Conditions on behalf of another legal entity, such as a corporation or government body, you affirm that you possess the full legal authority to bind said entity to these Conditions.

1. Introduction.

These Terms of Service (“Terms”) of Ada Moments, developed by AmsterdamNode B.V. incorporated in Amsterdam, Spuistraat 279, 1012VR, NH. Incorporated at the Dutch Chamber of commerce under number 84397748 (hereinafter "Service provider", "us" or "we") govern the access to and use of the Ada Moments website https://www.adamoments.io/ ("Website"), its User Experience (UX) and User Interface (UI), and any other software, tools, features, or functionalities provided on or in connection with the services of Ada Moments; including without limitation using its so-called "Platform" to create Ada Moments (AM) NFT’s (and any other services and functionalities, which might be integrated into the Website from time to time (collectively, the “Service”).

For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Website and / or Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf.

Access to and use of our Website is subject to these Terms, as well as our Privacy Notice.

By accessing our Website you agree to these Terms. If you have any questions about them, please contact us using the contact details at the end of these Terms.

From time to time, we may vary our Terms. We reserve the right to amend these Terms and Conditions at any time. The revised Terms will be made available on our Website. We strongly advise you to review these Terms periodically to remain informed of any changes. Your continued use of our Website following the posting of any amendments constitutes your acceptance of those amendments. Should you disagree with any changes to these Terms, you are required to cease using our Website immediately. These Terms were last updated on the date stated at the end of these Terms. The use of certain services may be subject to additional terms and conditions. The users will be informed about the applicability of additional terms and conditions and will be required to accept them prior to using the respective service.

2. Definitions

Applicable Law: For the purposes of these Terms, Applicable Law shall mean all laws, regulations, directives, statutes, subordinate legislation, common law, and civil codes of any jurisdiction. This includes all codes of practice with legal force, statutory guidance, regulatory policies, or guidance, and industry codes of practice.

KYC: KYC shall refer to all know-your-customer procedures and documentation. This includes, but is not limited to, the identification of customers and end-customers, verification of beneficial ownership, transaction monitoring, and source of wealth and source of funds checks. These procedures are in accordance with the Dutch Anti-Money Laundering and Anti-Terrorist Financing Act, its implementing ordinances and regulations, as well as the Dutch and European sanctions regulations, and the sanctions regulations of any other jurisdiction or authority deemed appropriate by Ada Moments.

Intellectual Property Rights: Intellectual Property Rights shall mean all intellectual property rights, whether registrable or unregistrable, registered or unregistered, wherever in the world. This includes any application or right of application for such rights. These rights encompass copyrights and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, and rights in designs.

3. Use of the Website in General

3.1 User Generated Content


The Platform may feature information, text, links, graphics, photos, videos, audio, streams, software, tools, or other materials (“Content”), including Content generated or submitted to the Platform by you or via your Account (“Your Content”). We do not assume responsibility for, and we do not explicitly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

Any concepts, suggestions, ideas, or feedback concerning Ada Moments or our Platform that you offer to us are entirely voluntary, and you agree that Ada Moments may use such concepts, suggestions, and feedback without providing compensation or any obligation to you.

You must ensure that Your Content complies with the guidelines in the next paragraph.
We reserve the right to moderate content and your content will be published (or not published) as determined by us at our sole discretion based on whether or not it complies with our guidelines.

Your Content must not;

  1. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, or in breach of confidence;   
  2. be illegal or infringe the Intellectual Property Rights of any third party, in any country in the world; and 
  3. be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 

By uploading Your Content to the Website, you hereby grant us an irrevocable, non-exclusive license (unlimited in time) to view, showcase, and use Your Content without restriction, including for commercial purposes. However, other users of our Website are granted a non-exclusive license to view and use Your Content solely for non-commercial purposes.

For the owner of the NFT associated with the Content, an additional commercial license is granted, allowing the NFT Owner to use the Content for commercial purposes. Other users may engage with and utilise the Content, such as memes, for personal and non-commercial purposes only.

Our methods of Content storage includes use of decentralized physical infastructure networks. This data storage method may result in us being unable to delete or hide your content from publicly accesible databases. By using our services you understand the implications of this and agree to these terms.

We can not guarantee your content will be kept at the same level of visiblility on our website. Your Content may be partially or completely removed from Ada Moments Services if it fails to meet the governance standards of Ada Moments. However, we endeavor to keep secure copies of your content so long as it falls within the terms of this agreement. 

You are urged to keep backup copies of any of Your Content submitted to us.


If you wish to request us to stop using any of Your Content at any time, you should notify us by emailing contact@adamoments.io setting out details of Your Content (the “Notified Content”) and where it can be found on the Website. We will endeavor to respond promptly and to endeavor to cease using the Notified Content. However, please note that once you have posted Your Content, it may be shared and reposted by us on other websites and used in other media and publications. Whilst we will endeavor to cease using any Notified Content within a reasonable time of the date you notify us of your request to do so, we cannot give any guarantee that we will be able to do so where the Notified Content has been published on the Website or in other media.

If you use Ada Moments for organizing a promotional activity, such as a contest or giveaway (“Promotion”), you bear sole responsibility for conducting the Promotion in compliance with all relevant laws and regulations. This includes creating official rules, specifying offer terms, determining eligibility criteria, and ensuring adherence to applicable laws, rules, and regulations governing the Promotion (such as obtaining licenses, registrations, bonds, and regulatory approvals). Your Promotion must explicitly state that it is not sponsored by, endorsed by, or affiliated with Ada Moments, and the rules governing your Promotion must mandate that each participant releases Ada Moments from any liability associated with the Promotion. You acknowledge and agree that Ada Moments will not provide any assistance with your Promotion, and you commit to conducting your Promotion at your own risk.

3.2 Access to our Website

The use of the Website, including the Service, is open to both natural and legal persons. Natural persons must be capable of acting, i.e. have the capacity to judge, and be at least 18 years old. You are responsible for making all arrangements necessary to access our Website (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with our Website.

You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms.

We want you and others to enjoy using our Website. When doing so, we ask that you observe the following rules: 

  1. you are not permitted to use, Modify, create derivative works of, disassemble, decompile, reverse engineer, License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the service and content on the website, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes except where you or any applicable third party has entered into a written agreement with us that permits such activity, or explicitly been given the right to do so in these Terms;
  2. you agree not to use our Website for any illegal or unauthorized purpose and you agree to comply with all Applicable Laws, which are applicable to your use of our Website, including copyright and other intellectual property laws;
  3. you must not attempt to restrict another user of our Website from using or enjoying our Website and you must not encourage others to breach our Terms;
  4. you must not interfere with our Website or any servers or networks connected to our Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of our Website is rendered or displayed in a user’s browser or device; 
  5. you must not change, modify or alter our Website or change, modify or alter another website so as to inaccurately imply an association with our Website or with us; and
  6. you must not access our Website via means we have not authorized in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).

If you breach these Terms, or any of the other terms and policies referred to in our Terms, your ability to access and use our Website may be terminated by us immediately, where possible by giving written notice to you using the contact details you provide to us. You agree to carry the legal liability and/or associated recompense associated with having broken these rules of use  

3.3 Accessing your Wallet Account 

If you connect your third-party wallet to our Website, you will be required to confirm ownership of said wallet to create your Wallet-account. We will be entitled to treat any action carried out through your Wallet account as being carried out by you. We are not liable for any acts or omissions by you in connection with the Wallet account or because of the account being compromised. You must notify us immediately if you have reason to believe that your Wallet account details may have been compromised or used by any other person. We reserve the right to suspend or terminate your access to your Wallet account for any reason at our discretion.

You will not license, sell, or transfer your Wallet Account without our prior written approval.

3.4 Your Privacy

The privacy of your personal information is important to us. Any personal information that you provide to us will be dealt with in accordance with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

Our Website uses local browser storage and similar technologies. Some of these are necessary for the operation of our Website, some provide specific features and functionality and others are used to collect information to help us analyze how our Website is used.


We are entitled to send electronic communications (e.g., via (on chain) email, text messages, in-app messages, or other types of messages) to any user who has opened an account on our Website. These communications may include notices about your account (e.g., transactional information). We may also send you promotional communications via email that might be of interest to you. Users are entitled to oppose the sending of promotional communications at any time by sending a respective email to contact@adamoments.io.

3.5 Intellectual Property Rights in the Website Content

Our Website and its contents are protected by certain rights, including registered and unregistered Intellectual Property Rights (“Rights”). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our Website and its contents. Nothing in these Terms grants you any legal rights in our Website or its contents other than as necessary to enable you to access and use our Website in accordance with these Terms. The use of any trademarks on our Website is strictly prohibited unless you have our prior written permission.

You may only view, print out, use, quote from and cite our Website and its contents for your own personal, non-commercial use on the condition that you give appropriate acknowledgment to us where appropriate and you do not remove our copyright or other proprietary notices.


3.6 Accuracy and Availability of the Website

We do our best to make sure that our Website is accurate, up-to-date, free from bugs, and free from (user-generated) harmful content, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.

Access to our Website is provided free of charge, except for the access to and use of certain services, and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.

Materials posted on our Website are provided for general information and entertainment purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on the Website is at your own risk.

Access to our Website is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice. We update our Website regularly and reserve the right to add, remove and/or otherwise change the Website and/or its content at any time without notice.
Ada Moments values the intellectual property rights of others and expects users of our Platform to do the same. We maintain a policy that entails the removal of any infringing content from the Platform and the termination, under suitable circumstances, of users who repeatedly infringe upon intellectual property rights. If you believe that any content on our Platform violates a copyright or trademark that you own or control, you may notify us by contacting us on Discord or via contact@adamoments.io.
See Article 14 of Directive 2000/31/EC (the E-Commerce Directive) for the requirements of a proper notification. Additionally, please note that if you knowingly misrepresent that any activity or content on our Services is infringing, you may be liable to Ada Moments for certain costs and damages.

3.7 Liability

Consumers may have certain statutory legal rights when using our Website. Nothing in these Terms affects these rights. We do not exclude our liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter for which it would be illegal for us to limit or exclude our liability.

We will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control.

Ada Moments draws the user's attention to the fact that restrictions or impairments may arise which are beyond Ada Moments control. This shall include, in particular, actions by third parties not acting on behalf of Ada Moments, technical conditions of the Internet beyond Ada Moments control as well as force majeure. The hardware, software and technical infrastructure used by the user may also have an influence on Ada Moments services. Insofar as such circumstances have an influence on the availability or functionality of the service provided by Ada Moments, Ada Moments and its development company AmsterdamNode B.V. shall disclaim any liability.

Any use by you of the Website or its contents in a manner not expressly permitted by our Terms may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

3.8 Links

You may link to any page of our Website, provided that you do so for non-commercial purposes and in a way that is fair and legal and that does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.

You must not link to our Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on our Website. Our Website must not be framed on any other website.

Our Website may contain links to third party websites and services. If you decide to visit any third party website or use a third party service, or purchase products from that third party, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of such third parties and the services they offer. We are not responsible for the content, accuracy or opinions expressed on third party websites or services. Links that we make available do not imply that we are, or our Website is, affiliated to or associated with such websites or services. 

Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from our Website, is subject to that operator’s own rules and policies. In particular, third party websites will process your personal information in accordance with their own privacy notices. Please read all applicable third party policies and terms and conditions before proceeding.

3.9 Enquiries & Complaints

If you have an enquiry or complaint about our Website and its content, please send us an e-mail to contact@adamoments.io.

3.10 KYC

If required by Ada Moments in relation to the use of the Website or any Ada Moments Services, any Customer and end-customer has to go through KYC procedures at Ada Moments sole discretion. Ada Moments has the right to reject any customer or end-customer without any reason or to terminate any existing business and or contractual relationship with an existing customer or end-customer immediately without any reason, but in particular if there are negative findings, any increased risks, any applicable sanctions or if a customer or end-customer is uncooperative in view of the KYC procedures. In cases of applicable sanctions, Ada Moments may also freeze the assets of the respective customer or end-customer or imply any other measure as required by applicable sanctions regulations or any sanctions regulation deemed appropriate by Ada Moments.

4. Use of the Service

The following provisions are applicable when you use the Service in addition to the above provisions governing the use of the Website in general.

4.1 Accessing the Service

In order to gain access to the Ada Moments Services, prior registration on the Website is required. In addition, a wallet not provided, hosted or operated by Ada Moments is required for the creation of NFT. You are solely responsible for the wallet and Ada Moments  is neither acting as custodian nor is liable for any acts or omissions by you in connection with or as a result of the non-custody wallet being compromised. You agree to immediately notify Ada Moments if you discover or otherwise suspect any security issues related to the Service.

By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Unless otherwise agreed upon between you and us, wallets are not operated by, maintained by, or affiliated with us, and we do not have custody or control over the contents of your wallet and have no ability to retrieve or transfer its contents. We accept no responsibility for, or liability to you, in connection with your use of a wallet and make no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials with anyone. If you discover an issue related to your wallet, please contact your wallet provider.

You represent and warrant that your use of the Service will comply with all Applicable Laws. You are solely responsible for ensuring that the access and use of the Service in the corresponding country, territory or jurisdiction does not violate any Applicable Laws. 

Your access and use of the Service 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 Service or other actions that we, in our sole discretion, may elect to take.

4.2 Content and Scope of Services

We provide you with the Service online via your hardware. The computing power required for the Service to run as well as the necessary storage and data processing capacity are provided by us and our third-party service providers.

We are not liable for the establishment and maintenance of the data connection between your IT systems and your hardware. It is your sole responsibility to ensure adequate data connections and software is used when connecting and interacting with our service. In particular, you are responsible for ensuring that the latency and bandwidth from your desktops to our Service meets the capacity required by us and third-party service providers.

We are continuously improving our Services. This includes adding or removing features, products, or functionalities; while we'll strive to notify you beforehand, it may not always be possible. We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to the functionality of the Services will be subject to these Terms, which may be updated periodically. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.

Unless otherwise agreed by the Parties or specified in the documentation provided to you by us, the following services are provided:

Public API

Ada Moments provides a connection to NMKR’s public API which can be used for minting NFT's. Thus, NMKR offers the users the use of the "Software as a service" (SaaS, hereinafter called "Software") that makes it possible to link digital files provided by the users to a so-called Non-Fungible Token (NFT), which can be inseparably assigned to the file via the Cardano Blockchain and thus authenticates the file as such, so that it can be recognized as such at any time and it becomes possible to assign it to a concrete owner/proprietor (via connection to the latter's Cardano wallet). The process is hereinafter referred to as "Certification".


Storage Space:

Ada Moments relies on third party service suppliers such as NMKR’ for storage space on servers and networks to store data. Users may store digital files on these servers and networks. NMKR will ensure that the stored data is accessible via the Internet within the scope of the functioning of the software. The user is not entitled to transfer this storage space to a third party for use, either in part or in full, against payment or free of charge.

AMS-Token of appreciation

Scope of Application

‍These General Terms and Conditions (T&C) govern the issuance and use of tokens issued by AmsterdamNode B.V. that act as coupons to mint Ada Moments NFTs. By staking to AmsterdamNode and/or purchasing and using AMS-Tokens, you accept these T&Cs.

Validity Period

‍The coupons issued by AmsterdamNode are valid for a period of 5 (five) years from the date of issuance unless otherwise specified. Purpose of the AMS-Token includes the ability to mint and send functionality of Non-Fungible Tokens (NFTs) on the Cardano blockchain.

Requirements

‍To redeem a AMS-Token of Appreciation, you must stake to the stake-pool run by AmsterdamNode (Ticker: AMS) or purchase the AMS-Token of Appreciation. In addition you will require a valid Cardano wallet, upload the relevant information to be contained in the NFTs, a minimum amount of ADA to cover transaction fees, and mint your Ada Moments NFT via the NMKR mint & payment flow. The NFT will automatically be minted and sent to your wallet. Limitations for the AMS-Token of Appreciation tokens include that at any time they may be made non-transferable, not to be exchanged for cash, or otherwise sold.

Disclaimer of Liability

AmsterdamNode B.V. assumes no liability for any losses, damages, or costs arising from the use or misuse of the AMS-Token of Appreciation. The use of a Cardano wallet and participation in the NFT minting and sending on a blockchain are at your own risk.

Changes and Termination

Ada Moments reserves the right to modify these terms at any time or to discontinue the acceptance of AMS-Token of Appreciation. In such a case, the already issued tokens will continue to be valid according to the original T&Cs. The user undertakes not to store any content whose provision, publication or use violates Applicable Law or agreements with us or our third party providers.

Whitelabel ATS NFT:

Ada Moments provides infrastructure for customers to create individualized and self-branded digital assets through creating NFTs using Ada Moments and third-party minting services.

1. Your Responsibilities

  1. You acknowledge and agree to provide public-facing contact information.
  2. You acknowledge and agree that the Ada Moments Services are not a marketplace itself but only serve as a service via which you create your digital assets. Any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and sale of your creations, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Marketplace, your Materials, and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Ada Moments will not be the seller or merchant or record and will have no responsibility for your Marketplace or items sold to customers through the Services.
  3. You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
  4. You are solely responsible for any terms and conditions, privacy settings and any relevant legal content required for the marketplace. 
  5. You may not use Ada Moments Services (including its third party providers) for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.

2. Fees and Taxes

  1. By using our Services for the Ada Moments minting via third parties (such as NMKR pay) you agree to pay the service fee (including any relevant taxes) on the sales value of each NFT that is bought, sold or traded using our Services.
  2. You are responsible for all applicable Taxes that arise from or as a result of your subscription or usage of Services of Ada Moments products and services.
  3. You undertake not to store any content on the storage space whose provision, publication or use violates Applicable Law or agreements with third parties. In particular, the contents may not violate legal prohibitions (in particular regulations of criminal law and competition law), morality and the Intellectual Property Rights of third parties; and/or be racist, glorify violence or similarly reprehensible.

4.3 Access and Use Rights

Any other rights, which are not expressly mentioned in these Terms, are not granted.

The service is granted as is, and is subject to the following limitations and/or conditions: 

  1. the Service, including the Software, may only be used by registered users personally and for non-commercial purposes.
  2. the user must not make any Service or the Software available to any third party, or use any Service or the Software for the benefit of, anyone other than the user, unless expressly agreed otherwise between the Parties;
  3. the user must not interfere with or disrupt the integrity or performance of any Service or third-party data contained therein;
  4. the user must not modify, copy, or create derivative works based on a Service or any part, feature, function or user interface thereof. 
  5. the user must not copy content except as permitted herein;
  6. the user must not frame or mirror any part of any Service or the Software, other than framing on user's own intranets or otherwise for user's own internal business purposes ;
  7. the user must not build a product or service using similar ideas, features, functions or graphics of the Service and it must not copy any ideas, features, functions, or graphics of the Service

4.4 User Data

In case a user uses storage space from us or one of our third party suppliers, the user hereby grants to us a non-exclusive right to copy, reproduce, store, distribute, publish, export, adapt, edit, and translate user data to the extent reasonably required for the performance of the Service.

In addition, the user grants to us the right to sub-license these rights to our hosting, connectivity, and telecommunications service providers.  We are entitled to store user data in a backup system or separate backup data center. To eliminate failures, we are authorized to make changes to the structure of the data or the data format.

The user warrants to us that the user data will not infringe Intellectual Property Rights or any other rights of any third party and does not infringe the Applicable Law.

For this section, user data means all data, works and materials uploaded to or stored in connection with the Service, including within the Software, by the user, transmitted by the Software at the instigation of the user, supplied by the user to us for storage, or generated by the Software as a result of the use of the Software by the user.

4.5 Temporary Suspension

We may suspend, in whole or in part, user's rights of access and use of the Service, including the Software, without notice, if use of the Service is in breach of these Terms or the behavior of the user threatens in our judgment the security, integrity or availability of the Services or the Software. However, we will use commercially reasonable efforts to provide the user with notice and an opportunity to remedy such violation or threat prior to such suspension.

The temporary suspension of access and usage rights has the following effects:

  1. The user remains fully liable for all fees incurred up to the date of suspension;
  2. The user remains liable for all fees and costs applicable to all Services for which access has not been suspended; and
  3. The user data stored with us is not affected by the suspension.


4.6 Subcontractors

We may employ subcontractors of our choice to fulfill our obligations and to perform the Service.

4.7 Intellectual Property Rights in Connection with the Service

We and/or our licensors and suppliers own all copyright, trademarks, trade names, patents and other Intellectual Property Rights subsisting in, created, or used in connection with the Service, including the Software. Except as expressly stated herein, these Terms do not grant users any Intellectual Property Rights in the Service, including in the Software, and all rights not expressly granted are reserved by us and our licensors and suppliers.

The structure, organization, and source code of the Software are valuable trade secrets and confidential information of us and our licensors and suppliers. The Software is protected by law, including but not limited to the copyright laws of the Netherlands, the European Union and other countries, and by international treaty provisions.

Trademarks contained in the Service and Software or used in connection with the Service are trademarks or registered trademarks of the parties in the Netherlands and/or other countries. Third party trade-marks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. Both parties may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols, or labels in the Software. This Agreement does not authorize any party to use the other party's or its licensors' or suppliers' names or any of their respective trademarks. 


We are entitled to terminate the agreement with the user in the event of severe infringement of our Intellectual Property Rights in the Service, including in the Software, by the user for good cause or to suspend access to the Service temporarily.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service, including the Software, or in any such Feedback. You agree that we may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to us any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other Intellectual Property Right) that you may have in and to any and all Feedback.

4.8 Airdrop

Certain users of Ada Moments (“Eligible Users”) may be eligible to receive free distributions of Tokens (“Tokens”), at the sole discretion of Ada Moments in accordance with these Standard Terms and Conditions .

By accepting Tokens in an Airdrop, you represent that you have read, understood and agreed to be legally bound by these Terms and Conditions without limitation or qualification. You further agree that all decisions of Ada Moments shall be final and conclusive.

Users from the following countries are excluded from the Airdrop - if you received the tokens you agree to contact us immediately to remedy the situation:

Afghanistan, Angola, Bahamas, Barbados, Bangladesh, Bosnia and Herzegovina, Botswana, Burkina Faso, BVI, Cambodia, Cayman Islands, China, Colombia, Cook Islands, Crimea Region, Cuba, Ecuador, Eritrea, Ethiopia, Ghana, Guyana, Iran, Iraq, Jamaica, Kenya, Kosovo, Laos, Lebanon, Libya, Mauritius, Montserrat, Morocco, Myanmar (Burma), Nauru, Nicaragua, North Korea, Pakistan, Palestinian Territory and Gaza Strip, Panama, Papua New Guinea, Samoa, Sao Tome and Principe, Senegal, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Tonga, Trinidad and Tobago, Tunisia, Uganda, Vanuatu, Venezuela, Yemen, Zimbabwe

Users from Japan and the United States of America are also excluded from Airdrops due to regulatory and compliance reasons.

Ada Moments at its sole discretion will determine the eligibility criteria for each Airdrop, including the amount of Tokens to be distributed to Eligible Users that satisfy specified criteria. Different Eligible Users may receive different amounts of Tokens in any particular Airdrop depending on the criteria determined by Ada Moments for such Airdrop. Ada Moments will have no obligation to notify users of Tokens of the eligibility criteria for any Airdrop prior to the execution of such Airdrop

In addition to any other eligibility criteria set forth in these Terms and Conditions or otherwise determined by Ada Moments, to receive an Airdrop all participants must hold an ATS NFT of 1 block, or Ada Moments  (Byron era) of 1 day.

Ada Moments reserves the sole and absolute right to disqualify any user that Ada Moments deems ineligible for an Airdrop (be it under these Terms and Conditions or by having engaged in a conduct that NMKR considers inappropriate or unacceptable).

Tokens will be credited to each Eligible User’s Verified Account on a date and time determined by Ada Moments

Airdrops are not transferable and no substitutions or cash equivalents are permitted.
Ada Moments decisions in any matter in relation to Airdrop are final and conclusive. Ada Moments will not entertain any requests for appeal or review.

All Airdrops are governed by the laws of MiCA of the European Union and shall be subject to the exclusive jurisdiction of the Dutch courts.

4.9 Warranties and Risk Assumptions

Warranties

Your access to and use of the service is at your own risk. You understand and agree that the service is provided on an “as is” and “as available” basis and NMKR expressly disclaims warranties or conditions of any kind, either express or implied. ADA Moments makes no warranty or representation and disclaims all responsibility for whether the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. ADA Moments disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. ADA Moments will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the service. While ADA Moments’ attempts to make your access to and use of the service safe, ADA Moments cannot and does not represent or warrant that the service, content, content linked to or associated with any NFTs, or any NFTs you interact with using our service or our service providers’ servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold ADA Moments responsible for any breach of security.

We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of NFTs, content, and/or content linked to or associated with NFTs, including but not limited to any losses, damages, or claims arising from: (a) user error, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) unauthorized access or use; (d) any unauthorized third-party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the service or NFTs.

NFTs exist only by virtue of the ownership record maintained in the associated blockchain. Any transfers or sales occur on the associated blockchain. ADA Moments cannot effect or otherwise control the transfer of title or right in any NFTs or underlying or associated content or items.

No ADA Moments party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. No ADA Moments party is responsible for losses or injury due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting the NFTs, including forks, technical node issues or any other issues having losses or injury as a result.

To the extent that a properly submitted notice of default in connection with the Software is justified, we will remedy the defect. Our performance exclusively comprises either the delivery of a Service update (-fix) or a corrected version. If we are unable to remedy the defect or fail to remedy the defect within a reasonable period of time, the user may withdraw from the agreement in so far that it is possible and as stipulated under Dutch commercial law. 

The user shall support us to the fullest extent reasonably practicable in the event of any defect being remedied. We may refuse the chosen method of remedy if it is only feasible at an unreasonable cost.

If the user has asserted a warranty claim against us and it is determined that either there is no defect or that the claimed defect does not require us to provide a warranty, the user agrees to reimburse us for all expenses incurred because of the user's gross negligence or willful misconduct.

Assumption of Risk

You accept and acknowledge:

  1. The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money;
  2. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs;
  3. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs;
  4. You are solely responsible for determining what, if any, taxes apply to your transactions. Ada Moments is not responsible for determining the taxes that apply to your NFTs;
  5. Ada Moments does not control the public blockchains that you are interacting with and does not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Ada Moments has no ability to reverse any transactions on the blockchain; and
  6. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Ada Moments will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.

4.9 Liability for Services and the Software

To the fullest extent permitted by law, you agree that in no event will ADA Moments or our service providers be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the service, products or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if ADA Moments or our service providers have been advised of the possibility of such damages; or (b) for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the service. Access to, and use of, the service, products or third-party sites, and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of ADA Moments arising out of or in any way related to these terms, the access to and use of the service, content, nfts, or any other ADA Moments products or services exceed the amount received by us for our service directly relating to the items that are the subject of the claim. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

5. Fees and Payments


5.1 Using the Ada Moments data visualization platform 

The sole responsibility of Ada Moments is visualizing and storing user content via DePIN (Decentralized Physical Infastructure Networks). Users are assisted to accessing DePIN via the our Services, such as but not limited to using the NMKR mint and payment platform.


5.2 Service for generating NFT's

Each minting process, is linked to a usage fee, which is due upon the successful sale of an NFT. The payment is not made in Fiat but by transfer of cryptocurrencies. The usage fee regarding the Services in cryptocurrencies shall be determined by Ada Moments and her third party service providers (NMKR) price list valid at the time of the certification process.

It is understood and agreed between the Parties that any payments made and any other consideration given under this Agreement are each exclusive of any value added (“VAT”), which shall be added thereon as applicable and at the relevant rate. Where VAT is properly charged by the supplying Party and added to a payment made or other consideration provided (as applicable) under this Agreement, the Party making the payment or providing the other consideration (as applicable) will pay the amount of VAT properly chargeable only on receipt of a valid tax invoice from the supplying Party issued in accordance with the laws and regulations of the country in which the VAT is chargeable.

Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Moreover, the provider of the Cardano technology, in this respect might charge the customer a further fee for the performance of the process, according to their own current price list. 


We accept the following forms of payment:

The technical processing of payments takes place on the Cardano blockchain in a single transaction. The End Customer has to pay the price agreed with the Customer in the form of cryptocurrencies to the Customer. The connection of the NMKR API or the publication of the project wallet address results in the automatic deduction, as part of the NFT file creation, of both the usage fee owed between the Customer and Ada Moments and the fee owed between Ada Moments and the technology provider from the cryptocurrency amount paid by the End Customer.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in cryptocurrencies as specified by Ada Moments.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

For buyers via Ada Moments:

You hereby grant NMKR a power of attorney to collect all receivables that buyers wish to pay through the Site. We act as an agent on your behalf connecting you, the buyer, to NMKR, the third party service provider regarding minting, storing, and payment collection. You agree that we have the right to deduct a fee for every purchase. You have the option to revoke the power of attorney at any time prior to payment. We also reserve the right to stop any payment (to be) made through the Site.

6. Indemnification

By agreeing to these Terms and accessing the Website or accessing and using the Service, including the Software, you agree, to the fullest extent permitted by Applicable Law, to indemnify, defend, and hold harmless Ada Moments, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Ada Moments’ Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website or the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or Applicable Law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Ada Moments of any Claims and cooperate with Ada Moments’ Parties in defending such Claims. You further agree that Ada Moments’ Parties shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Ada Moments.

7. Force Majeure

We are not liable to the user nor shall any other remedy be extended in respect of anything which, apart from this provision, may constitute a breach of these Terms arising by reason of force majeure (i.e. any event beyond a party's reasonable control, including acts of war, earthquakes, hurricanes, floods, fires or other similar casualties, embargos, riots, terrorism, sabotage, strikes, governmental acts, insurrections, pandemics, epidemics, failures of power, restrictive laws or regulations, court orders, condemnation, failure of the Internet or other event of a similar nature).

8. Termination

The contract for the use of the platform including granting of storage space as well as the contract for the use of the Software for Certification may be terminated by both Ada Moments and the customer at any time. The termination can be made by informing Ada Moments via contact@adamoments.io.

If you breach any of the provisions of these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

Upon termination of the agreement, the user's right to access the Website and use the Service, including the Software, ceases immediately. The termination causes all payment obligations to be due. The termination shall not prejudice any other remedies, which the Parties may have under these Terms.

Provisions which explicitly or implicitly survive the termination shall not be affected by the termination and remain in full force. These sections include, but are not necessarily limited to the Sections titled “Fees and Payment,” “Intellectual Property Rights,” “Indemnification,” “Warranty”, "Liability" and “Miscellaneous".

9. Miscellaneous

9.1 Amendments and Supplements

Amendments, supplements or rescissions of provisions of these Terms shall be in writing and require the mutual agreement of both Parties to be valid. An amendment of this obligation requires itself a written agreement in order to be valid.

9.2 Severability Clause

The provisions of these Terms shall be construed so as to be valid and enforceable according to Applicable Law. Should any provision hereof be unenforceable or invalid according to Applicable Law, it shall only be unenforceable or void to the extent of such unenforceability or invalidity and shall for the remaining be replaced by a valid and enforceable provision which shall satisfy the legal and economic meaning/result of the ineffective provision. The remaining provisions of these Terms remain binding and in full force. The same shall apply to any gap in these Terms.

9.3 Prohibition of Assignmen

The Parties may not assign or delegate, in whole or in part, either these Terms or any of their rights and obligations under these Terms without the prior written consent of the other Party. Any such assignment or delegation performed without the aforementioned written consent shall be null and void. However, we are entitled to assign our rights and obligations under these Terms without the consent of the user to affiliates, group companies or to legal persons or companies controlled by us.

9.4 Governing Law, Jurisdiction and Dispute Resolution

These Terms shall be governed by and construed in accordance with the substantive laws of the Netherlands, to the exclusion of the principles of conflicts of laws thereof and the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute, controversy or claim arising out of or in relation to these Terms or future non-contractual claims including the validity, invalidity, enforceability, interpretation, execution, breach, modification or termination thereof, shall be submitted to the exclusive jurisdiction of the courts of the city of Amsterdam, The Netherlands.

9.5 Attempted Abuse & Hacking of the System

Abuse of the system, including but not limited to, engaging in unauthorized or malicious activities such as "franken-address" attacks, is strictly prohibited. Such actions are considered illegal and are in direct violation of our Terms of Service. To maintain the integrity and security of our platform, we have implemented comprehensive measures designed to prevent and mitigate any attempts at system manipulation. In the event of any attempt to compromise the system, appropriate actions will be taken to ensure that digital assets are rightfully returned to the legitimate stake address owner. We emphasize the importance of adhering to our policies, as failure to comply will result in enforcement actions, which may include account suspension, forfeiture of assets, and legal proceedings. Our commitment is to provide a safe and fair environment for all users, and we expect all participants to honor this principle.

9.6 Language and form
In these Terms, headings serve as reference points and do not influence their interpretation or the validity of subsequent terms. For the purposes of these Terms: (a) the terms “include,” “includes,” and “including” will be interpreted to include the phrase “without limitation;” (b) expressions such as “such as,” “for example,” “e.g.,” and their variations will denote illustrative examples, and the items following these expressions will not constitute an exhaustive list; and (c) the term “or” is used in the inclusive sense of “and/or,” and the terms “or,” “any,” and “either” are not mutually exclusive. Any ambiguity shall not be construed against any party solely on the basis of the party having drafted the language.


9.7 Remints
In cases where a "re-mint" of a moment or digital content is deemed necessary and authorised by Ada Moments, the user shall bear the full cost of the re-minting process. This includes any fees or charges incurred as part of the procedure. Ada Moments will provide clear communication regarding the requirements and costs involved before proceeding with the re-mint, ensuring transparency and user consent. The responsibility for payment lies solely with the user requesting  the re-mint.

These Terms are a legally-binding agreement between you and AmsterdamNode B.V. If you have any questions about these Terms, please contact us.

AmsterdamNode B.V.