Terms Of Use - March 2025
Terms of Use for AdaMoments.io
Last Updated: April 02, 2025
1. Introduction
AdaMoments.io ("Platform") operates as a decentralized social media platform that allows users to mint their posts as NFTs on the Cardano blockchain, discover and interact with these NFTs, and engage with other users. AdaMoments is not a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor.
We do not have custody or control over the NFTs, the Cardano blockchain, or any third parties you engage with such as GameChanger.Finance. While AdaMoments provides the interface and tools for users to mint, list, and interact with NFTs, all transactions—including minting, purchases, transfers, and sales—are executed directly by the user to the Cardano blockchain. AdaMoments does not hold or transfer any NFTs or funds on behalf of users; all interactions are peer-to-peer.
The Platform is developed and operated by AmsterdamNode B.V., a company incorporated in the Netherlands under the Dutch Chamber of Commerce number 84397748 ("we," "us," or "our").
Risk Note:
This Platform is provided "as is". It is currently in an early state of beta, meaning much is still under development. unfinished, and you may experience bugs, errors, or interruptions. By using the Platform, you accept these risks, including potential loss of data or functionality.
Content posted and/or minted as NFTs (Moments) make use of decentralized tools and services such that your data may be stored on the Cardano blockchain and other decentralized physical infrastructure networks (DePIN) such as IPFS. Upon your use of the platform we upload your data to permanent, decentralized and/or unchangeable data network infrastructure. Once uploaded and/or minted, it may not be possible for us or for you to delete or modify such data uploaded by you. You, the data controller and the custodian of your account, understand and agree to the risks and benefits that arise to using our services.
If you are confused or otherwise uncertain about the technological, legal and/or operational nature of our platform we advise you to consult professionals before making use of our platform.
Terms of Use:
These Terms of Use, coupled with your actions and the Decentralized Cardano Blockchain Ecosystem, allows us to empower creators. By using or accessing our platform, you consent to these Terms of Use as well as our privacy Notice. If you do not consent, or can not consent to these Conditions, you are not permitted to use or access our Platform.
For the purposes of these Terms, Applicable Law shall mean all laws, regulations, directives, statutes as can be derived from Dutch and international laws as relatable to operating the Platform of AdaMoments by AmsterdamNode B.V.
By using the Platform, you represent and warrant that you will comply with all applicable laws, including local, state, federal, and international regulations. You agree not to use the Platform, or otherwise enable access to the Platform, if: You are located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country. You are subject to sanctions imposed by the U.S. Government, any other government, or the United Nations. You are owned or controlled, directly or indirectly, by any person or entity subject to sanctions or located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country. Any of your officers, managers, directors, shareholders, or authorized representatives are subject to sanctions or are located in, ordinarily resident in, or organized under the laws of a U.S.-sanctioned country, or are owned or controlled, directly or indirectly, by any person subject to such sanctions. You do not transact with or on behalf of individuals or entities subject to sanctions or otherwise falling into any of the categories above.
These representations must remain true for the duration of your use of the Platform. You further agree not to enable access to or use of the Platform for any natural or legal person that falls into any of the categories above.
AdaMoments may require you to provide additional information and documents in certain circumstances, such as upon request by the government or to comply with applicable laws or regulations. AdaMoments may restrict or disable your Account until these requests are satisfied. Failure to provide complete and accurate information may result in permanent access restrictions.
These Terms of Use ("Terms") govern your access to and use of the Platform, including the website https://www.adamoments.io/, its user experience (UX) and user interface (UI), and any related software, tools, features, or functionalities (collectively, the "Service"). By accessing or using the Platform, you agree to these Terms and our Privacy Notice. If you do not agree, you may not use the Platform.
2. Definitions
3. User Accounts and Responsibilities
If you connect your third-party wallet to our Website, 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 in any way. If you have reason to believe that your Wallet account details may have been compromised or is otherwise at risk of being used by any other person you must notify us.
To access certain features, you must create an account and connect a Wallet. You represent and warrant that:
You are fully responsible for your interactions with other Users and the Content you post or mint.
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.
4. Intellectual Property Rights
Note that the below stated IPR rights may change according to the will of the Creator. Creators are opted-in to the AMDU (Ada Moments Data Union) which they may freely opt-out of or change once viable alternatives arise. The Creator may use AdaMoments to freely subscribe to a custom "standard" of IPR rights as supplied by the free market of Data Unions. The User that becomes an Owner (purchaser of a Moment created by another) understands that their rights may change accordingly.
4.1 Creator IPR
As a Creator, you retain all IPR to your Content. When you mint your Content as an NFT, you grant the NFT owner a non-exclusive, royalty-free, worldwide license to:
This license does not allow the NFT owner to:
For uses beyond those granted by the platform, the NFT owner must obtain Creator's consent as can be established via written agreement and/or Cryptographic signature.
4.2 Platform IPR
The Platform, including its software, design, branding, and materials we provide, is protected by IPR owned by us. You receive a limited, non-exclusive, non-transferable license to use the Platform as intended, subject to these Terms.
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 by opening a support ticket.
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 pay Ada Moments for costs and damages caused.
5. Fees and Payments
5.1 Platform Fee
A fee is charged for each NFT you mint, covering costs related to providing this platform. This fee is payable at the time of minting.
5.2 Transaction Fee
A percentage fee is deducted from the proceeds of each NFT sale on the Platform’s marketplace.
5.3 Fee Schedule
Current fees are listed during the minting process before payment. We may update fees and will notify you of changes.
5.4 Taxes
You are responsible for calculating and paying any taxes related to your transactions on the Platform.
6 NFT Tokens
Ada Moments provides infrastructure for customers to create individualized and self-branded digital assets through creating NFTs using Ada Moments. It is your responsibility to meet the following requirements:
6.1 You acknowledge and agree to provide public-facing contact information.
6.2 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.
6.3 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.
6.4 You are solely responsible for any terms and conditions, privacy settings and any relevant legal content required for the marketplace.
6.5 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.
In such case a user does not uphold their fees, payments, obligations or taxes as required by this agreement or law, the User may lose all rights as provided by the Platform.
7. Tokens of Appreciation
It is the goal of the AdaMoments to reward and incentivize both moderators and Creators that enrich the platform with creative, fun, innovative, funny, thoughtful, inspirational, educative, historical and truthful content. We may issue Tokens of Appreciation to Users who mint Moment NFTs or otherwise support the platform as a reward. These digital tokens will be used as the basis for governance participation and other platform utility / discounts.
8. User-Generated Content
8.1 License to Platform
By uploading Content, you grant us a non-exclusive, royalty-free, worldwide license to use, display, store, and distribute it as needed to operate the Platform (e.g., storing it on decentralized networks ,making it accessible to Users and place advertisements next to the content).
8.2 Content Guidelines
Your Content must not:
We may remove Content and ban the user (or related users as can be un-equivocally proved on chain) that violates these Terms or our community guidelines
9. Prohibited Activities
You agree not to:
10. Termination
We may suspend or terminate your account (in so far that it is possible) and access if you violate these Terms. You may terminate your account anytime, however you can not expect AdaMoments to delete data from DePIN or stave any agreements made by you with P2P use. Upon termination, Sections 4, 5, 6, 7, 8, 11, 12, and 13, 14.2, 14.5 survive.
11. Disclaimers and Limitations of Liability
The Platform is provided "as is" and "as available." We disclaim all warranties (express or implied) about its performance, accuracy, security, or uninterrupted use. To the fullest extent allowed by law, we are not liable for indirect, consequential, incidental, or punitive damages (e.g., loss of data, profits, or opportunities) faced by you or any affected third parties from your use of the Platform.
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.
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 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, spoofing or other means of attack against the platform or User.
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 affect 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.
12. Indemnification
You agree to indemnify, defend, and hold harmless AdaMoments, its affiliates, and their officers, directors, employees, and agents from claims, damages, losses, or expenses arising from:
13. Governing Law 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.
14. Miscellaneous
14.1 Amendments
We may update these Terms by posting revisions on the Platform. Continued use after changes means you accept them.
14.2 Severability
If any provision is invalid or unenforceable, the rest remain in effect.
14.3 Assignment
You cannot assign your rights or obligations without our written consent. We may assign ours to affiliates or successors.
14.4 Language
These Terms are in English. Translations are for convenience; the English version controls.
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.
14.5 Links
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.
15. 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 Policy, 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 used our Website. These communications may include notices about your account (e.g., transactional information). We may also send you promotional communications that might be of interest to you. Users are entitled to oppose the sending of promotional communications at any time by replying or opening a ticket on our discord.
16. Contact Us
For questions, concerns or notice of take down you may open a support ticket via our Discord.
