Wallet Terms of Use

VERSION 1.1

Last revised on: May 18, 2022

An Introduction to the Wallet Terms of Use

We ask that you please read these terms carefully before using our services. These terms govern your use of our wallet services and your relationship with us. Below is a quick introduction and summary of some of our terms:

• Hosted Wallet.At the core of our services is a hosted wallet. This hosted wallet allows us to custody NFTs on your behalf and to allow you to collect and transfer NFTs. You will be able to see your NFTs through your account, which you can learn more about in Section 3.1.

• Third Party Payment Services. Although we provide a hosted wallet service, Circle Internet Financial, Inc. provides payment services. What this means is that any credits or stablecoins will be custodied by Circle. In order to receive these services, you will be required to enter into certain payment agreements with Circle, subject to Circle's approval. To learn more about these agreements, please read Section 3.3.

• You Must Comply with AML Procedures. To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you is that when you open a payments account with Circle through our services, we may ask your name, address, date of birth, and other information that will allow Circle and Anique to identify you. We may also ask for a copy of your driver's license or other identifying documents, all of which we may share with Circle pursuant to applicable AML/KYC requirements.

• NFTs Are Not Investments. All NFTs provided through the services are intended to be collectables. NFTs have no inherent value whatsoever, and any price attributed to them by a buyer is completely subjective. You should not use these services for any reason other than to collect NFTs.

• We Limit Our Liability to You. In order for us to provide our blockchain-based services, we limit and disclaim liability for its use. There are numerous risks associated with blockchains, which is a rapidly evolving technology, as well as regulatory uncertainty in respect to digital assets. To learn more about how we address these risks by limiting and disclaiming liability, please read Sections 10 and 11 below.

• Disputes Must be Resolved Using Arbitration. Except for claims which can be brought before a small claims court in the county in which you live, any of our disputes must be resolved through the use of mandatory arbitration. Please read our arbitration agreement in Section 14 very carefully.

Should you ever have any questions about these terms, please do not hesitate to send us an email at support@aotlegacy.com.

Our Agreement

The Anique wallet service agreement (these "Terms") governs your use of our website (the "Site") and the services that we offer (collectively, the "Services"). These Terms are a legally binding contract between you and Anique USA Inc. ("Anique", "us", "our", and "we"), so please read them carefully. By using the Services, or by clicking "I Accept" or "I Agree", you are accepting these Terms on behalf of yourself or the entity that you represent (in which case, "you" will mean such that entity), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself or the entity that you represent. If you are unwilling to accept these Terms, you may not use the Services in any way. Certain Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

1. Definitions. Below, we have defined certain definitions that we will use throughout these Terms. Please read them carefully:

   1. "Account" means a unique Account that we will create for you. The Account is hosted by us and serves as a record of all Transactions and your use of the Services. So, for example, when you log into your Account, you will be able to see the NFTs that we have stored in your Hosted Wallet.

   2. Applicable Laws" means, with respect to any Person, any transnational, domestic or foreign federal, state or local law (statutory, common or otherwise), constitution, treaty, convention, ordinance, code, rule, regulation, order, injunction, judgment, decree, ruling or other similar requirement enacted, adopted, promulgated or applied by a governmental authority that is binding upon or applicable to such Person, as amended unless expressly specified otherwise.

   3. "Approved Network" means the blockchain or network supporting a NFT and Transactions in that NFT.

   4. "AML Program" means our anti-money laundering program and our know your customer program, as well as associated policies which we have in place to ensure the smooth and legally compliant operation of our Services. We may update the AML Program from time to time.

   5. "Assets" means, collectively, all NFTs in a Hosted Wallet and all Fiat, Stablecoins, or other Wallet Funds in a Payment Wallet.

   6. "Fees" means the fees applicable to the Services, or any element thereof, indicated in the Services or in your Account.

   7. "Fiat Transaction" or "Stablecoin Transaction" means a Transaction involving the transfer of Fiat or Stablecoin, respectively.

   8. "Fiat" means United States Dollars. We do not currently accept other kinds of fiat other than United States Dollars, but may in the future.

   9. "External Wallet" means an NFT Wallet owned by you that is not a Hosted Wallet.

   10. "Hosted Wallet" means the Anique-hosted custodial service allowing a User to deposit with Anique, store with Anique, transfer or withdraw NFTs. Because we have custody of your NFTs, this means that we possess them. You are able to interact with your Hosted Wallet through your Account.

   11. "NFT Transaction" means a Transaction involving NFTs being transferred from one NFT Wallet to another.

   12. "NFT Wallet" means the Hosted Wallet, or a third party service, device, code or protocol used to store NFTs or initiate NFT Transactions via the Account or otherwise.

   13. "NFT" means a one-of-a-kind, non-fungible, cryptographic token representing a unique digital asset for which there is no copy or substitute. An NFT cannot be substituted for another NFT as each NFT is distinctive and unique in some way. An NFT is not a medium of exchange and is not convertible virtual currency.

   14. "Payment Provider" means a third party who will provide our Users with Fiat payment capabilities, Payment Wallets, and other transactions involving Wallet Funds. Our current Payment Provider is Circle Internet Financial, Inc. To learn more about our Payment Provider, please visit link.

   15. "Payment Wallet Agreement" means agreements between a User and the Payment Provider governing the Payment Wallet, and certain related services provided by the Payment Provider. Two such agreements include Circle's Digital Dollar Account Terms and Conditions and Circle USDC User Agreement. For ease of reference, both of these agreements are included after these Terms, but are otherwise between a User and the Payment Provider.

   16. "Payment Wallet" means an account with the Payment Provider. This account is not hosted by us and is used to facilitate payment Transactions. We do not custody any Fiat, Stablecoins, or other Wallet Funds on behalf of our Users.

   17. "Person" means any individual, corporation, limited liability company, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.

   18. "Privacy Policy" means the Anique Wallet Privacy Policy posted immediately following these Terms, or otherwise accessible via this link.

   19. "Stablecoin" means cryptocurrencies that attempt to peg their market value to some external reference. So, USDC, a type of Stablecoin, is generally pegged to the United States Dollar at a one-to-one ratio. Please note that although Stablecoins, like USDC, are pegged to United States Dollars, they are not legal currency.

   20. "Third Party Service Provider" means a third party: (i) whose services are compatible with the Services, as indicated by Anique in the Account; (ii) that User has retained under a Third Party Services Agreement; (iii) with whom User wishes to share User Data; and (iv) through which User wishes to deliver instructions to Anique with respect to the Account. The Payment Provider is a Third Party Service Provider.

   21. "Third Party Services Agreements" means an agreement between a User and a Third Party Service Provider pursuant to which the Third Party Service Provider delivers their services. A Payment Wallet Agreement is a Third Party Services Agreement.

   22. "Transaction" means any transaction within or initiated by the Services, and includes NFT Transactions, Fiat Transactions, and Stablecoin Transactions, as well as transactions otherwise involving Wallet Funds.

   23. "User" means anyone who uses or accesses any Services. So, for example, you are a User.

   24. "User Data" means the information collected, stored, accessed or used by Anique or its partners in the course of supplying the Services in respect of the Account.

   25. "User KYC Information" means information requested by Anique or provided by User in relation to the initial establishment of the Account or the subsequent operation of the Account and includes, but is not limited to, User's legal name, address, email address, date of birth, government-issued photo identification, taxpayer identification number, government identification number, bank or other payment account information, IP address, a photo or video of the User, MAC address of User Device, payment account information (e.g. credit card) and User NFT Wallet information.

   26. "Wallet Funds" means Fiat, Stablecoins, funds, and includes closed-loop credits issued by Circle. To learn more about the credit issued by Circle, please review the Circle USDC User Agreement.

2. Accounts

   1. Account Creation. In order to use the Services you must have an Account which we will create for you. Before account creation, you will be prompted to provide an email address. A one-time verification link will be sent to the email address you provided. By verifying your email address through this link, your account will be created. As a condition for creating the Account, you must (a) accept these Terms; (b) must be an individual located within the United States; (c) must be at least eighteen (18) years of age; and (d) must not be a prohibited user as outlined in the next section. You can only have a single account at a given time, and we, at our own discretion, may suspend your account(s) if you control more than one account. We may conduct whatever investigations we see fit in order to determine that you have not violated any of the rules found under this Section.

   2. Prohibited Users. Services are not offered to absolutely everyone. The following Persons are prohibited from using the Services (each, a "Prohibited User"):

      a. Persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN), United States Commerce Department's Denied Persons, and other similar lists;

      b. Persons who are nationals or residents of Cuba, Iran, North Korea, Sudan, Syria or any other country, territory, or other jurisdiction that is embargoed by the United States or OFAC Sanctioned Country List.

      c. Persons who are affiliated with any other person or entity that is described in this Section; and

      d. You expressly acknowledge and agree that we may implement controls to enforce our access restrictions on prohibited users. You agree not to attempt to bypass any such controls or restrictions, including through the use of a VPN.

   3. Know Your Customer Information. Whenever prompted by us, you must provide us with certain KYC Information, which you represent is true and accurate. If any such information is not true or accurate, or is otherwise false, or misleading, we may, at our discretion, terminate your Account and confiscate any NFTs included within your Hosted Wallet. The purpose of collecting KYC Information is to enable us to screen our certain activities on our Services, including those that involve fraud or otherwise violate our AML Program or Applicable Law. These identity verifications and screening procedures may include, but are not limited to, detection of money laundering, terrorist financing, fraud, or any other financial crime, checking the information you provide against the anti-terrorism financing list, including those maintained by the United States. You hereby authorize us to, directly or through third parties, make inquiries and take any other actions we deem reasonably necessary to verify your identity, and the information you have provided. You further acknowledge and agree that such inquiries will result in User KYC Information being disclosed to credit reference and fraud prevention or financial crime agencies and services. If we are not, at our sole discretion, satisfied that we have verified your identity, we reserve the right to limit your access to some or all Services. As a condition for using the Services, you must release us from any damages or loss that you may experience pursuant to our conduct under this Section.

   4. Processing Know Your Customer Information. You hereby consent to Anique collecting, storing, processing and disclosing User KYC Information, including to our service providers who may anonymize such data, and other User Data as required to perform the Services and in accordance with the Privacy Policy and AML Program.

   5. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

   6. Account Disputes. In the event that you and another person have a dispute over ownership of an Account, we may, at any time, at our sole discretion, with or without notice to you, determine the rightful owner of the Account. Our decision is final and we may transfer the Account to whoever we determine is the rightful owner. In the event we cannot determine, at our sole discretion, the rightful owner of an Account, we may suspend or delete the Account. You agree that we will not be liable to you or to any third party for our exercise of the rights described in this Section.

   7. No Transfers. You may not, without our express written consent, transfer ownership of an Account for free, or otherwise, to third party. Any such transfer without our consent will constitute a breach of these Terms and provide a basis for termination with cause.

3. Services

   1. Hosted Wallet. Part of our Services includes a custodial wallet which we host, called the Hosted Wallet. The Hosted Wallet allows you to: (a) store NFTs, meaning that we will hold NFTs on your behalf and convey to you information about these NFTs, (b) receive NFTs from an External wallet, (c) transfer NFTs to other Hosted Wallets as part of the Services, and (d) subject to limitations set forth in these Terms, and our approval, withdraw NFTs to an External Wallet. Delays to any of the transactions described in this Section involving your Hosted Wallet can result from: (x) processing time; (y) AML/KYC procedures; and (z) Applicable Law. All transactions involving your Hosted Wallet are subject to adequate AML/KYC procedures, as determined at our discretion.

   2. External Wallet. You acknowledge and agree that we have no control over External Wallets and so we are not liable for any activity on External Wallets. You represent and warrant to us that you are the sole owner of your External Wallet. Acceptance by us of NFTs from an External Wallet or permitting withdrawals to one does not constitute our confirmation as to legal title therein.

   3. Payment Wallet. We shall assist you in entering into a Payment Wallet Agreement with the Payment Provider. If approved by the Payment Provider, you will receive a Payment Wallet, which will facilitate transactions involving Wallet Funds. All transactions involving the Payment Wallet Agreement are between you and the Payment Provider, and we do not have any liability for transactions involving the Payment Wallet. You hereby appoint us, as your agent to send and receive User Data to and from the Payment Provider, including but not limited to instructions to initiate Transactions from the Payment Wallet.

   4. Loading Funds on Your Payment Wallet. If you wish to add Wallet Funds to your Payment Wallet, you can do so by sending instructions to the Payment Provider through your Account. You must own whatever outside account or payment device that you use to load funds on your payment. So, for example, if you use a credit card, you must own that credit card. Your Account will post User Data concerning the balance of your Payment Wallet.

   5. Withdrawals From Your Payment Wallet. If you would like to withdraw funds from your Payment Wallet, you can do so by instructing the Payment Provider by sending instructions through your Account. These withdrawals, and other related transactions, are subject to the Payment Wallet Agreements, and could therefore be subject to hold periods or other limitations.

   6. Representations, Warranties and Acknowledgement. You represent and warrant to us, and agree that:

      a. You will not accept any NFTs from another Person that you do not have any grounds to believe that such person is the lawful owner of the NFT in question;

      b. you will use the Services to conduct Transactions on your own behalf and not on behalf of any third parties;

      c. you will not use the Services to conduct any illegal activity in the United States, or elsewhere, whether directly or indirectly;

      d. you are an individual residing in the United States;

      e. you understand that NFTs have no inherent value;

      f. you agree not to use NFTs or the Hosted Wallet as a means to acquire other Assets;

      g. we do not take control of any Fiat or Stablecoins, and we are not responsible for how the Payment Provider will process any transactions involving Fiat, Stablecoins or Payment Funds;

      h. any Assets that you deposit with us or the Payment Provider must remain in the Account for at least thirty (30) days or other period of time as we decide at our sole discretion;

      i. we may impose, at our sole discretion, any restrictions that we deem necessary on Transactions, including in order to enforce our AML Programs;

      j. Transactions may be subject to a cooling-off period, meaning that further Transactions in respect to an Asset may be delayed by such time as we deem necessary, at our sole discretion, including in order to enforce our AML Programs;

      k. we are unable to reverse Fiat or Stablecoin Transactions, and we have no liability to you in respect to Transactions that include incorrect, erroneous, improperly formatted User Data, or involve delivery of Assets to External Wallets;

      l. all Transactions are final and we can prohibit any Transactions, at our sole discretion, in order to reduce the risk of fraud, security breaches, and other risks, in addition to complying with Applicable Laws and our AML Program. If you fail to adhere to these Terms, you understand and agree as follows (i) that such failure may result in the permanent loss of NFTs. Stablecoins, Fiat, or Wallet Funds; and (ii) that we reserve the right to confiscate any NFTs, Stablecoins, Fiat, or Wallet Funds purchased or acquire in a manner not expressly authorized by these Terms, without notice or liability to you;

      m. the Account is not an investment account and that NFTs have no intrinsic value, consequently, and without limitation, we shall have no liability to you for the freezing or termination of your Account; and

      n. Anique may deem any Transactions that violate these Terms to be void ab initio.

   7. Anique's Regulatory Status

      a. No Registration. We are not registered with the U.S. Department of the Treasury Financial Crimes Enforcement Network as a money services business.

      b. No Insurance. We are not a depository institution, such as a bank. There is no Federal Deposit Insurance Corporation insurance on the Hosted Wallet.

   8. Third Party Services Providers.

      a. Third-Party Integration. Although we provide custodial NFT services, we do not provide Fiat or Stablecoin custodial services, and do not otherwise custody Wallet Funds. Rather, we integrate services provided by the Payment Provider to enable these types of services.

      b. Liability. You represent, warrant, and acknowledge that each Third Party Servicer Provider is party to a Third Party Services Agreement with you and that you assume exclusive responsibility for acts and omissions of all Third Party Servicer Providers whether under the Third Party Services Agreements, with respect to User Data or otherwise. The use of a Third Party Service Provider does not relieve you or any other User of any of your or their responsibilities or obligations under these Terms. Each User is liable for any and all fees charged by Third Party Service Providers. Unless indicated to the contrary in the Account, Fees for Services do not include fees applicable under Third Party Services Agreements.

4. Our Services and Rights

   1. We Own The Services. You understand and expressly agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, software, designs, systems, services, and other elements of the Services, (collectively, the "Services Content") are owned by Anique or Anique's licensors. Except as expressly set forth in these Terms, your use of the Services does not grant you ownership of any rights, title or interest in or to Services Content, or any other materials, content, code, or data accessed through the Services. Anique and its licensors reserve all rights not expressly granted in these Terms.

   2. Limited License. [Except as expressly provided] We grant you a limited, non-exclusive, non-sublicensable license to access and use the Services Content for your personal use. Such license does not permit the: (i) distribution of Services Content, (ii) resale of Services Content, (iii) making derivative works of Services Content, or (iv) decompilation, disassembling, reverse engineering, or any other attempt to discover the source code of the Site, Services, or Services Content. This license shall automatically terminate if your access to the Services is suspended or terminated by us. We reserve the right to limit, deny, or terminate access to our Services with respect to any person who infringes on the intellectual property rights of others.

   3. Feedback. If you provide Anique with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Anique all rights in such Feedback and agree that Anique shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Anique will treat any Feedback you provide to Anique as non-confidential and non-proprietary. You agree that you will not submit to Anique any information or ideas that you consider to be confidential or proprietary.

5. Acceptable Use and Enforcement

   1. You agree to comply with the following at all times:

      a. You agree not to, and expressly warrant that you will not, in any manner (either directly or indirectly): (i) upload, transmit, or distribute to or through the Services, any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other User's use and enjoyment of the Services; (vii) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services; (viii) modify, adapt, translate, or reverse engineer any portion of the Services; (ix) reformat or frame any portion of the Services; (x) display or communicate any hate-related or violent content, or other objectionable content; (xi) exploit the Services for any unauthorized commercial purpose; or (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any part of it.

      b. You further agree not to, and further expressly warrant that you will not (either directly or indirectly): (i) impersonate another Person or User; (ii) use a bot, or other means, to simulate the human behavior of a User; (iii) create Accounts by automated means or under false or fraudulent pretenses; (iv) use any form of automation to engage in any activity on the Services or Transaction; (v) use NFTs as a medium of exchange; (vi) use NFTs as a means of making payments having Fiat value; (vii) upload funds or the value of funds to your Account that you do not own or have not been gifted in good faith; (viii) engage in any activity, or use the Services, in any manner the imposes an excessive burden on Anique, or exposes us to excessive security, financial or reputation risk, as determined by us at our sole discretion; (ix) purchase or sell (or facilitating the purchase or sale of) your Account, or another User's account, for cash or cryptocurrency, or other consideration, without our express written approval; (x) use the Services in any manner for purchase, sell, or promote drugs, alcohol, or related items; (xi) use the Services to promote the sale of counterfeits; (xii) use the Services to pay bills or for credit counselling purposes; (xiii) use the Services to operate a crypto currency wallet or exchange; (xiv) use the Services to operate a business that competes with the Services; (xv) use the Services to send or receive what Anique considers to be funds for something that may have resulted from fraud or other illegal behavior; or (xvi) use the Services for marketing efforts, or to promote the sale of items that promote hate or violence.

   2. Enforcement. You acknowledge and expressly agree that:

      a. we may reverse any NFT Transactions that have occurred in breach of these Terms, even if such reversal has an adverse effect on a subsequent holder of such NFT;

      b. we may seize or cause to be frozen any Asset that was obtained in breach of these Terms, as we determine in good faith;

      c. if we believe, at our sole discretion, that an NFT in a Hosted Wallet was purchased with a stolen payment card, or obtained by fraudulent means, or otherwise in violation of these Terms you grant us the right and hereby instruct us to transfer all such NFTs to another user who was previously in lawful possession of such NFTs;

      d. we may freeze an Account while we determine who owns an NFT; and

      e. we may freeze an Account without liability to you pursuant to a court order or in order to comply with Applicable Laws, our AML Program, or because we suspect fraud or other illegal activity, as determined by us at our sole discretion.

   3. Property Disputes. If we receive any notice or allegation that any NFTs held in your Hosted Wallet is stolen or not lawfully yours to possess, we may, although we are not obliged to do so, place a hold on those NFT, or the entire Hosted Wallet or Payment Wallet, or Account, for such length of time as we determine at our sole discretion.

   4. Acknowledgement. YOU ACKNOLWEDGE THAT IF, EVEN IN GOOD FAITH, YOU COME INTO POSSESSION OF AN NFT THAT WAS, ON ANY PREVIOUS OCCASION, TRANSACTED IN VIOLATION OF THIS AGREEMENT, EVEN BY AN ANOTHER USER, YOU MAY BE OBLIGATED, AT THE DISCRETION OF ANIQUE, TO FOREGO ANY AND ALL RIGHTS IN THE NFT. FOR EXAMPLE, IF A USER PURCHASES AN NFT FROM ANOTHER USER AND THE SELLER IN THE TRANSACTION PURCHASED THE NFT WITH A FRAUDULENT PAYMENT METHOD, THEN THE USER PURCHASING THE NFT IN GOOD FAITH SHALL, AT THE DISCRETION OF ANIQUE, FOREGO RIGHTS IN THE NFT.

6. Fees.

   1. Payment. Fees are as disclosed in the Account and on our Site. You authorize Anique to instruct the Payment Provider to release the amount of Fees, or other amounts of which you are liable hereunder, to Anique from the Payment Wallet maintained by the Payment Provider. If there is no such Payment Wallet or if there is insufficient value therein to pay Fees, you agree to pay them to Anique by such means as Anique may reasonably require within five (5) days of when they are first posted as owing in your Account.

   2. Third-Party Fees. Anique may make third party products or services available via the Site or otherwise through the Services. Such third parties, including Circle, may charge fees for their services. Anique is not responsible for the fees charged by any such third parties.

   3. Network Fees. Approved Networks charge network fees. These fees are often required to cover the transaction costs on virtual currency networks and may apply to Transactions. Unless indicated otherwise in your Account or elsewhere in the Services, you are solely responsible for paying all network fees.

7. Privacy. As a condition of these Terms, you must carefully read our Privacy Policy which can be found here.

8. Taxes

   1. Taxes. You will be solely responsible to 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.

   2. Taxes Are Your Responsibility. You acknowledge and agree that Anique is not responsible for determining the amount of any taxes you owe, nor is Anique responsible for determining if taxes apply to your use of the Services, nor is Anique responsible for collecting, reporting, or withholding any taxes arising from your use of the Services

9. Term and Termination

   1. Your Right to Terminate. You may terminate these Terms at any time by canceling your Account. Although you may terminate these Terms whenever you wish, you must first remove all NFTs from your Hosted Wallet and cause them to be sent to an External Wallet. This final transaction may be subject to a 30 day or longer fraud-prevention term, as determined by us, in order to prevent fraud or security breaches.

   2. Our Right to Terminate. You acknowledge and expressly agree that we may, at any time, at our sole discretion, with or without notice, terminate these Terms and/or restrict, remove, suspend, or disable your access to the Services and/or the Account, in whole, or in part. You further acknowledge and expressly agree that we will not be liable to you or any third party as a result of such suspension, restriction, or termination.

   3. Effects of Termination. In the event of any termination of these Terms: (i) all Fees will become due, (ii) we may delete your User Data without liability, and (iii) we may cancel any pending Transaction.

   4. Unclaimed Property. If your Account is inactive for one year, then we will make an attempt to return any NFT balances to you, but if we cannot find or contact you, we will escheat those NFTs to the relevant governmental authorities in the jurisdiction where you last indicated you were residing within thirty (30) days of the end of such year.

   5. Survival. Even after these Terms are terminated, the following Sections shall survive termination: Section 4 and Sections 8 through 15.

10. Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THE YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ANIQUE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES, MAKE NO WARRANTY THAT: (a) THE SERVICES, OR USE OR ACCESS TO THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) YOUR USE OF THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, (c) THE SERVICES, OR ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICES, OR ITS USE, WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, (d) THAT ANY DATA THAT YOU PROVIDED THROUGH THE SERVICES, OR OTHERWISE DISCLOSE TO US, WILL BE SECURE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, OR USE OF THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ANIQUE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR YOUR USE OF THE FLOW NETWORK, OR YOUR HOSTED WALLET OR PAYMENT WALLET, INCLUDING BUT NOT LIMITED TO ANY LIABILITY RESULTING FROM YOUR LOSS OF YOUR NFTs, FIAT, STABLECOINS, OR WALLET FUNDS.

YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT SECURITY RISKS ASSOCIATED WITH TRANSACTIONS OR OTHERWISE USING THE INTERNET, OR SHARING INFORMATION ON THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY FOR ANY BREACH OF SECURITY THAT DOES NOT RESULT FROM OUR GROSS NEGLIGENCE.

YOU EXPRESSLY ACKNOWLEDGE THAT OTHER USERS MAY BE ATTEMPT TO SELL NFTS OR OTHER ASSETS THAT WERE ACQUIRED IN VIOLATION OF THESE TERMS OR IN VIOLATION OF AN AGREEMENT BETWEEN A YOU AND THE OTHER USER. ANIQUE SHALL HAVE NO LIABILITY FOR ACTS AND OMISSIONS OF OTHER USERS IN THEIR TRANSACTIONS OR OTHER DEALINGS WITH THE USER. WHILE ANIQUE HAS IMPLEMENTED POLICIES TO MONITOR TRANSACTIONS FOR FRAUD AND OTHER PROHIBITED ACTIVITIES, ANIQUE MAKES NO REPRESENTATION AS TO THE EFFECTIVENESS OF SUCH POLICIES AND YOU SHOULD EXERCISE CAUTION IN ANY TRANSACTION TO OBTAIN COMFORT THAT THE OTHER USER HAS BEEN PERFORMING IN ACCORDANCE WITH THESE TERMS AND ANY AGREEMENT WITH THE USER.

IN THE EVENT THAT ANIQUE INCURS ANY LOSSES ON ACCOUNT OF ACTS OR OMISSIONS OF A USER, EACH USER HEREBY EXPRESSLY INSTRUCTS ANIQUE TO, WITHOUT PRIOR NOTICE OR CONSENT OF EACH SUCH USER, DEBIT ASSETS OF USER UP TO THE AMOUNT OWING TO ANIQUE FROM (I) THE USER HOSTED WALLET; AND (II) USER BALANCES WITH THE PAYMENT PROVIDER TO REIMBURSE ANIQUE THE AMOUNTS OWING TO ANIQUE. ANIQUE RESERVES THE RIGHT TO USE THE ASSETS DEBITED FROM THE USER HOSTED WALLET (INCLUDING, WITHOUT LIMITATION, ANY NFTS IN THE USER HOSTED WALLET) TO OFFSET ANY AND ALL ACTUAL OR POTENTIAL LOSSES INCURRED AS A RESULT OF THE USER'S ACTS OF OMISSIONS.

ANIQUE SHALL HAVE NO LIABILITY FOR ANY DECREASE OR INCREASE IN VALUE OF ANY NFT AS YOU ACKNOWLEDGE AND AGREE THAT NFTs HAVE NO INTRINSIC VALUE AND PURCHASES OF NFTs ARE STRICTLY FOR ENTERTAINMENT PURPOSES AND NOT FOR SPECULATION OR INVESTMENT PURPOSES.

11. Limitation on Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANIQUE, OUR SUBSIDIARIES, LICENSORS, AND AFFILIATES, AND ITS AND THEIR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, NFTs, THE FLOW NETWORK, OR THESE TERMS FOR: (a) ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; (b) ANY LOST PROFITS, REVENUE, DATA, GOODWILL, AND OTHER TANGIBLE OR INTANGIBLE LOSSES; (c) ANY SERVICES PROVIDED BY THIRD-PARTY SERVICE PROVIDERS; (d) ANY LOSSES RELATED TO YOUR ACCESS, OR INABILITY TO ACCESS, YOUR ACCOUNT, HOSTED WALLET, PAYMENT WALLET, AND ANY PART OF THE SERVICES; (e) ANY LOSSES RELATED TO CORRUPTION, LOSS, UNAUTHORIZED ACCESS OR ALTERATION TO YOUR DATA, NFTs, OR ACCOUNT. THE LIMITATIONS INCLUDED IN THIS SECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OR INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANIQUE FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES, OR USE OF THE SERVICES, OR THE TERMS EXCEED THE GREATER OF A MAXIMUM OF FIFTY UNITED STATES DOLLARS (USD 50) OR THE TOTAL AMOUNTS PAID BY YOU TO ANIQUE IN THE SIX (6) MONTHS IMMEDIATELY PROCEEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

12. Indemnification

You agree to indemnify and hold Anique and its affiliates, and its and their subsidiaries, directors, officers, employees, contractors, agents, suppliers, licensors and partners from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind, including reasonable attorneys' fees, arising out of related to: (a) your breach of these Terms; (b) your misuse of the Services; (c) your violation of any law or regulation; or (d) any claims from tax authorities in any country in relation to your use of the Services. You agree that we will have control of the defense or settlement of any such claims. Your indemnification obligations shall not apply to the extent directly caused by our material breach of these Terms.

13. Acceptance of Risk

    1. Volatility. The value of blockchain collectables, including NFTs, are subjective and therefore can be highly volatile. NFTs, and similar assets are collectibles and have no inherent or intrinsic value. Anique, our subsidiaries, licensors, and affiliates, do not and cannot guarantee that any NFTs that you collect or purchase will retain their original value, as their value are inherently subjective, and factors outside of our Services may have a material impact on their value. You agree to assume all risk associated with the use and value of your NFTs.

    2. Value. If the services post a dollar value in association with a specific NFT in your Hosted Wallet, such posting shall not constitute a representation as to the actual or projected value of such Asset. Instead, such posting constitutes either: (i) the potential value attributed to the NFT by another User; or (ii) Third Party Content published to the Site or Account for your general information only, and you should not rely on such posting for any financial decision. You agree that it is your responsibility to independently ascertain the value of your NFTs, without relying on the Services. You agree that you shall not make any claim against Anique that alleges, in whole or in part, that any NFT has anything more than nominal value.

    3. Risks with Cryptocurrencies. There are risks associated with accepting cryptocurrencies as payment and purchasing blockchain based NFTs, including but not limited to, the risk of losing private keys, theft of cryptocurrency or NFTs due to hackers finding out your private key, lack of a secondary market, significant price volatility, hard forks and disruptions to underlying blockchains. You accept and acknowledge that we will not be responsible for any errors, distortions or delays that you may experience when using the Flow Network, however caused.

    4. Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies, NFTs, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and its ecosystem, and therefore the potential utility or value of your Moments.

14. Arbitration

    PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    Any and all disputes, claims and causes of action (collectively, "Claims") arising out of or in connection with these terms (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS. YOU AND WE ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY.

    Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these Terms are specifically enforceable by us through injunctive relief and other equitable remedies without proof of monetary damages.

15. General

    1. Entire Agreement. These Terms, and the policies incorporated herein by reference, constitute the entire agreement between you and Anique regarding the use of the Services, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. In the event of any conflict between these Terms and any other you may have with Anique, unless the other agreement specifically references and identifies these Terms, these Terms shall control.

    2. Severability & Waiver. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. No waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

    3. Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

    4. Changes. These Terms are subject to occasional revision, and if we make any substantial changes by prominently posting notice of the changes on our Site. Continued use of the Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

    5. Relationship. These Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Anique and you.

    6. Assignment. You may not assign or transfer any of your rights and obligations hereunder without our prior written consent. Any attempted or actual assignment thereof without our prior explicit and written consent will be null and void.

    7. Governing Law. All disputes and matters arising out of or in connection with these Terms and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions.

    8. Electronic Communications. The communications between you and Anique use electronic means, whether you use the Services or send us emails, or whether Anique posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Anique in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Anique provides to you electronically satisfy any legal requirement that such communications should be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    9. No Third-Party Beneficiary Rights. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

    10. Contact Information:

E-mail: support@aotlegacy.com