Terms of Service

1. Introduction

These Terms of Use (these "Terms") govern your access to and use of the website at https://dao4.art/ (the "Website"); including without limitation the terms of minting, purchase, sale, exchange, or modification of NFTs; our online and/or mobile services, sending or receiving messages or otherwise transacting on the Website, and software provided on or in connection with the foregoing (collectively, the "Services", which for the avoidance of doubt does not include any activities relating to a D4A DAO). The Website is owned and operated by DAO4ART ("Dao4Art", "we", "us" or "our"). The marketplace platform on the Website allows creators and users to display their NFTs for viewing by others, as well as provides specially‐developed smart contracts that enable creators to mint and/or sell such NFTs to buyers in a peer‐to‐peer manner, as well as create and organise their own D4A DAOs (as defined herein).

For the purpose of these Terms: "users" include visitors, buyers or sellers on the platform. "NFTs" refers to unique non‐fungible digital tokens, implemented or created on the Ethereum blockchain network complying with the ERC‐721 standard, ERC‐1155 standard or other similar “non‐fungible” token standard, or such other blockchain network which allows for the implementation or creation of similar non‐fungible tokens (the "Relevant Blockchain Network") using native token minting and/or smart contracts, and which is irrevocably associated with a unique Uniform Resource Identifier JSON/assetID or similar file containing metadata (whether included upon minting of subsequently updated) such as the name, description, parameters, or image file(s) stored on IPFS or such other storage network, together with the Creative Commons Zero (CC0) licence terms between the creator and the holder of the NFT regarding the usage of the underlying intellectual property. Each NFT is a unique contract between the creator and a holder of the NFT whereby the creator contractually creates a "Sub‐Decentralised Autonomous Organization" (the D4A DAO) relating to the NFT with organisation members comprising the creator and all holders of the NFT issued and associated with the same underlying intellectual property or artwork, and based on a certain storyline, background or ecosystem with the goal of fostering content creation and collaboration, as more particularly described in the organisational documents for the D4A DAO. The creator of the NFT is free to set their own organisational structure (which may be corporatised at the discretion of the creator) or operating terms for the relationship of all D4A DAO members inter se, and Dao4Art is not a party to these terms; accordingly, notwithstanding that a user holds the NFT, Dao4Art cannot provide any guarantee, warranty or assurance regarding the authenticity, uniqueness, originality, quality, marketability, legality or value of any NFT, the underlying intellectual property, associated metadata, the legality or actions of any D4A DAO, or any services to be performed. Dao4Art is not obliged to enforce the contractual terms between a creator and a holder of an NFT or in relation to any D4A DAO.

This Service allows you to create, sell and purchase NFTs (as defined above) via auction with function‐controlled price curve ("Auction"). Detailed rules regarding the Auction process are at: DAO4ART Auction Rules. You may only participate in the Auction by linking your digital wallets on supported bridge

extensions or digital wallet services such as MetaMask which allows you to purchase, store, and engage in transactions relating to digital assets. NFTs created may be transferred or resold outside of the Website or Dao4Art ecosystem.

ALL TRANSACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD‐PARTY DIGITAL WALLET EXTENSIONS OR DIGITAL WALLET SERVICES, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.

DAO4ART PLATFORM IS AN INTERMEDIARY PLATFORM CONNECTING USERS WHICH REQUIRE SERVICES RELATING TO NFTS. WE ARE NOT A CO‐CREATOR, PUBLISHER OR PROMOTER OF ANY NFT, D4A DAO, NOR ANY BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. DAO4ART FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IN THE AUCTION BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF NFTS OR BETWEEN ANY USERS OR MEMBERS OF ANY D4A DAO. All information provided by or on behalf of Dao4Art is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of Dao4Art. Before you make any financial, legal, or other decisions involving NFTs or D4A DAOs, you should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.

The Website is intended for users who are at least 18 years old, or otherwise above the age of majority in your domicile. People under the age of 18 are not permitted to use the Website in any circumstances. By clicking on the "I accept" button, completing the account registration process, using our services and/or purchasing NFTs or interacting with D4A DAOs, you agree to be bound by these terms and all of the terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES OR PURCHASE THE NFTS, OR INTERACT WITH ANY D4A DAO.

2. Account

a. If you wish to participate in an Auction for NFTs, you will need to register for an account ("Account") by linking your digital wallets on supported bridge extensions or digital wallet services such as MetaMask which allows you to purchase, store, and engage in transactions relating to digital assets on the Services.

b. Dao4Art may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti‐laundering or income obtained by criminal means, or for counteracting financing of terrorism. Dao4Art may also require you to provide additional information and documents in cases where it has reasons to believe that:

Your Account is being used for money laundering or for any other illegal activity;
You have concealed or reported false identification information and other details; or
Transactions effected via your Account were effected in breach of these Terms.

In such cases, Dao4Art, in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by Dao4Art and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Dao4Art may refuse to provide the Content (defined in Section 3.a below) to you.

c. By creating an Account, you consent to receive electronic communications from Dao4Art (e.g., via email, push notifications on social accounts you are connected from, or by posting notices to the Service). These communications may include notices about your Account (e.g. transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. The user acknowledges and accepts that the computerised data stored on Dao4Art's computer servers in reasonable conditions of security and integrity shall be irrefutably considered proof of acceptance of these Terms and proof of all exchanges between Dao4Art and the user. Consequently, unless Dao4Art's manifest error is proven by the user, the latter may not challenge the admissibility, validity, or evidential value of documents established by the aforementioned digital means on the basis of any legal provision whatsoever (including without limitation those which specify that certain documents must be in writing or signed to constitute evidence).

d. By submitting personal data through our Site or Services, you agree to the terms of our Privacy Policy (available at the Website), and you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

3. Ownership

a. Dao4Art owns the Website. You acknowledge and agree that unless otherwise indicated in writing by us, Dao4Art (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the Website, and all intellectual property rights therein (including, without limitation, all art, designs, systems, methods, information, computer code, software, services, website design, "look and feel", organisation, compilation of the content, code, data and database, functionality, audio, video, text, photograph, graphics, and all other elements of the Website (collectively, the "Content"). You acknowledge that the Content are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Content are the copyrighted property of Dao4Art or its licensors, and all trademarks, service marks, and trade names associated with the Website or otherwise contained in the Content are proprietary to Dao4Art or its

licensors. Except as expressly set forth herein, your use of the Website does not grant you ownership of or any other rights with respect to any content, code, data, or other Content that you may access on or through the Website. We reserve all rights in and to the Content that are not expressly granted to you in these Terms.

b. You understand and agree that:

your usage of the Website does not give you any rights or licenses in or to the Content (including, without limitation, our copyright in and to the associated art) other than those expressly contained in these Terms;
you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialise any elements of the Content (including, without limitation, any art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and
you will not apply for, register, or otherwise use or attempt to use any Dao4Art trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.

c. By minting an NFT via the Website, creator expressly and affirmatively grants to Dao4Art, its affiliates and successors a non‐exclusive, world‐wide, assignable, sublicensable, perpetual, and royalty‐free license to make copies of, display, perform, reproduce, create derivative works/adaptations, and distribute the NFT on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising Dao4Art or the Website or Services thereon, or any other purpose related to the Dao4Art business, including without limitation, the express right to: (i) display or perform the NFT on the Website, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; and (ii) indexing, hosting, storing, distributing, or reproducing one or more copies of the NFT within any electronic database, index, catalogue, smart contracts, ledger, distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.

d. All user transactions that take place between users on the Website, including without limitation minting, tokenizing, purchasing, selling, listing, offering, or confirming, are facilitated via smart contracts existing on the Relevant Blockchain Network, and are initiated, managed and confirmed via such Relevant Blockchain Network at the complete risk of users. You understand that your public address will be made publicly visible whenever you engage in a transaction with other users on the Website. Dao4Art neither owns nor controls the Relevant Blockchain Network or any supported bridge extension or digital wallet service, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Website.

e. You accept and acknowledge that NFTs function solely as a record of authenticity and ownership on the Relevant Blockchain Network, so ownership of the NFT by a user does not automatically mean ownership of any associated intellectual property. Each NFT

purchased would include intellectual property elements provided by third parties that are subject to the Creative Commons Zero (CC0) licence terms corresponding to such NFT (which shall be made available to you prior to or at the point where payment is made for such NFT), in which case those terms will govern such intellectual property rights. Dao4Art is not a party to the agreement between the holder and the creator of an NFT, and the creator is free to set their own terms in respect of the intellectual property rights associated with an NFT or structure/activities relating to a D4A DAO.

f. Dao4Art does not make any representation, warranty or guarantee that any holder of NFT(s) will definitely achieve any particular outcome as a result of owning that NFT. The relevant issuer of said NFT reserves the right, at its sole discretion, to restrict, limit, or deny any such utilities, services, perks, experiences or opportunities to any particular holder of NFT(s), including without limitation the imposition of time‐limits or revoking of privileges for failing to comply with usage policies or any prescribed terms and conditions. In particular, the availability of utilities, services, perks, experiences or opportunities utilities is not intended to be an endorsement by Dao4Art of any service, project, creator, NFT, D4A DAO, individual or any other thing, and Dao4Art does not make any recommendation nor provide any investment advice in connection with the same or otherwise as a result of holding or owning NFT(s).

g. Neither the creator nor Dao4Art permits the fractionalisation of NFTs, whereby multiple fractions, each representing a share in the whole NFT, whether or not such fractions are tradeable, are created via interactions with smart contracts deployed on any Blockchain Network or other technical tool.

h. The issuer of NFT shall retain the right to modify the metadata, any intellectual property associated with the NFT, or the NFT in connection with artistic, legal or technical reasons, including without limitation marking certain NFTs as "tampered" or "stolen", or blocking further transfers or said NFTs if a previous owner reasonably proves that the same has been stolen.

4. License to Access and Use the Content

a. You are hereby granted a personal, limited, non‐exclusive, non‐transferable, non‐ sublicensable, royalty‐free, license to access and use the Content for the purpose of the Services (including the right to utilise the Dao4Art name solely to reference your usage of the Dao4Art platform); provided, however, that such license is subject to these Terms and does not include any right to:

sell, resell or use commercially the Services or Content;
distribute, publicly perform or publicly display any Content;
modify or otherwise make any derivative uses of the Services or Content, or any
portion thereof;
use any data mining, robots or similar data gathering or extraction methods; or
download (other than page caching) any portion of the Services or Content, except as
expressly permitted by us.

In particular, each user is granted a personal, limited, non‐exclusive, non‐transferable, non‐sublicensable licence to utilise the platform's specially‐developed template smart contracts in order to create their own digital wallet associated with their Account and/or NFT(s) issued or held.
The buyer of an NFT shall only use the NFT and all underlying intellectual property strictly in accordance with the Creative Commons Zero (CC0) licence terms.

5. Role of Dao4Art; Third‐Party NFTs

a. The role of Dao4Art is expressly limited to making the Website and platform available, and maintaining it for users to engage directly in a peer‐to‐peer manner. Dao4Art is solely an introducer and not an agent or fiduciary for any creator or buyer for any purpose. Dao4Art is not responsible for the actual sale of any NFT or digital artwork, or structure/activities relating to D4A DAOs, and does not control the information provided by creators, buyers or users, nor their acts or omissions. Dao4Art is independent from creators, buyers or users, and no partnership, joint venture, employee‐employer or franchiser‐franchisee relationship is intended or created by the operation of the Website, platform or Services.

b. Only creators or users approved by Dao4Art may mint and/or sell NFTs via the Website. By minting or listing an NFT, users expressly represent and warrant that the NFT and any underlying intellectual property (i) is an original creation in respect of which such user solely owns or has lawfully acquired all intellectual property rights (including without limitation all copyright, authorship rights, image and privacy rights) to fully commercialise and/or exploit the same, (ii) does not infringe the intellectual property rights of any party, (iii) does not include unlicensed or unauthorised copyrighted content, (iv) does not violate any agreement, contract, or obligation owed to a third‐party, (v) had been created in compliance with all applicable legal, regulatory and tax requirements of all applicable jurisdictions, and (vi) shall be licensed on the Creative Commons Zero (CC0) licence terms. Notwithstanding that the smart contracts on Dao4Art allow creators to mint NFTs associated with intellectual property associated with such creators, creators acknowledge that they remain fully responsible as creator and issuer of the NFT for all claims and risks associated with the NFT, any underlying intellectual property, or acts in connection with the establishment, operations or activities of any D4A DAO, and shall fully indemnity Dao4Art for any losses in connection with the creator's breach of the foregoing.

c. The Website, platform and Services facilitate the trading of NFTs between users, but neither Dao4Art nor any affiliate acts as the custodian of any NFT on the platform. You understand and acknowledge that Dao4Art is a non‐custodial service provider which allows users to interact directly in a peer‐to‐peer manner without any involvement or actions taken by Dao4Art or any third‐party; accordingly the platform and smart contracts do not give Dao4Art custody, possession, or control of any NFT or cryptocurrency at any time.

d. In particular, the legally binding contract for each sale of NFT is concluded directly between users (i.e. between a buyer and a seller (including creator) of NFTs). The legality of, enforceability of and regulatory restrictions applicable to such contracts depend on numerous variables, including without limitation each respective party's country of residence, the country of origin of the NFTs and underlying intellectual property, and the mode of payment for such NFTs. Users are responsible for understanding and ensuring that the sale of NFT is executed in accordance with all national and/or international laws and standards applicable to each NFiniT Sale. Dao4Art cannot assume any responsibility for sales of NFT, the underlying transaction of funds, or the actions or identity of any user to such a contract. Any disputes regarding the NFT, terms of sales or payment/refunds shall be solely between users.

e. Similarly, the D4A DAOs function as direct peer‐to‐peer organisations between creators and holders of NFTs. Dao4Art is not a member, creator or organiser of such D4A DAOs. There are certain risks associated with participating with D4A DAOs, including the risk of being deemed personally liable for the activities and debts of such D4A DAO. Users are wholly responsible for understanding the risks and liabilities associated with D4A DAOs and are expected to take actions to mitigate these risks accordingly.

f. References, links or referrals to or connections with or reliance on third‐party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to you in connection with the NFTs or D4A DAOs. In addition, third parties may offer promotions related to the NFTs or D4A DAOs. Dao4Art does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If you access any such resources, products, services or content or participate in any such promotions, you do so solely at your own risk. You hereby expressly waive and release Dao4Art from all liability arising from your use of any such resources, products, services or content or participation in any such promotions. You further acknowledge and agree that Dao4Art shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.

6. User Conduct

a. You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Services or participating in the Auction. You agree that you will abide by these Terms and will not:

Employ any device, scheme or artifice to defraud, or otherwise materially mislead, Dao4Art or any user of the Website, including by impersonating or assuming any false identity
Use or attempt to use another user’s Account without authorisation from such user and Dao4Art;
Pose as another person or create a misleading username;
Create, buy, sell or use any NFT that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity unless you own or control the rights thereto or has received all necessary consent to do the same, or breach any other laws relating to services to be performed;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Develop, utilise, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
Engage or attempt to engage in or assist any hack of or attack on the Website, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of NFTs or digital assets, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property or interfere with the NFTs or D4A DAOs;
Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
Attempt to circumvent any content‐filtering techniques we employ, or attempt to access any feature or area of the Services that you are not authorised to access;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Use data collected from our Service to contact individuals, companies, or other persons or entities;
Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
Bypass or ignore instructions that control all automated access to the Service;
Use the Services for any illegal or unauthorised purpose, or engage in, encourage or promote any activity that violates these Terms or the terms of use of any NFTs or
organisational agreements for any D4A DAOs;
Use the Relevant Blockchain Network to carry out any illegal activities, including but
not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Relevant Blockchain Network, or the Service;
Engage in wash trading or other deceptive or manipulative trading activities;
Place misleading bids or offers;
Use the Services to carry out any financial activities subject to registration or licensing,
including but not limited to creating, listing, or buying securities, commodities,
options, real estate, or debt instruments;
Use the Services to participate in fundraising for a business, protocol, or platform,
including but not limited to creating, listing, or buying assets that are redeemable for

financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts; or

Use the Services or the Website by or on behalf of a competitor of Dao4Art or competing platform or service for the purpose of interfering with the NFTs on the Website or any D4A DAO, or to obtain a competitive advantage.

b. Dao4Art shall have the right, but not the obligation, to monitor the usage or content of the NFTs or D4A DAOs, to determine compliance with these Terms and any operating rules established by Dao4Art and to satisfy any law, regulation or authorised government request. Dao4Art shall have the right in its sole discretion to block the front‐end display/showcase of any NFT Canvas (or any specific NFT forming part of the NFT Canvas) or associated D4A DAO as well as usage of any associated ERC‐20 contracts for transactions (e.g. minting, transfers) or incentive rewards (in each case, Halting). Without limiting the foregoing, Dao4Art shall have the right to block access to any material that Dao4Art, in its sole discretion, deems inappropriate, disruptive, or illegal, including material that:

violates international intellectual property laws or other laws relating to services to be performed
promotes suicide or self‐harm;
incites hate or violence against others;
degrades or doxes another individual;
depicts sexually suggestive situations (whether or not involving minors) or relates to
human trafficking;
promotes or is associated with any form of gambling, betting, or wagering (howsoever
named);
relates to known terrorist organisations (as listed by any regulatory authority in any
jurisdiction or global watchlist); or
Dao4Art reasonably believes to be stolen assets, assets taken without authorisation
or otherwise illegally obtained assets,

(in each case, an Anomaly).

c. Any user may challenge the listing of any NFT Canvas or any specific NFT providing details of the alleged Anomaly, whereupon Dao4Art shall have the sole discretion to conduct internal investigations on the matter and Halt all activities on the platform related to said NFT (whether temporarily or permanently), as more particularly described at D4A Halting.

d. Save as described herein, Dao4Art is not able to control the transfer or contents of any specific NFT. Once an NFT is minted by a creator, an immutable ownership record is created and maintained on the Relevant Blockchain Network. The right to transfer and/or modify such NFT is retained solely by the current holder of the NFT as identified by such immutable ownership record (for the avoidance of doubt, such holder is not Dao4Art given that it is a non‐custodial platform) and is not within the technical control of

Dao4Art. This means that any transfer or modification of NFTs occur outside of the Website and Dao4Art ecosystem.

e. If you become aware of the creation, listing, or buying of assets in violation of any of the terms specified in this Section 6, you are required to report it to us.

7. Fees, Commissions, Royalties and other Charges

You shall pay to Dao4Art all service fees and other charges ("Fees") determined from time to time in the sole discretion of Dao4Art in connection with the creation, purchase, sale or transfer of NFTs, whether in respect of a primary or secondary sale, as well as any fees for enforcing via automated smart contracts the organisational terms of reference for a D4A DAO or other contractual terms between a creator and a holder of an NFT.
In addition, all transactions on the Website which require interaction with the Relevant Blockchain Network will require "gas" fees to be paid to third‐party miners/validators on such Relevant Blockchain Network as consideration for their services in confirming such blockchain transactions, which shall be borne by you.

c. Further, the secondary sale of NFTs may also be subject to commissions or royalties prescribed by the creator of the NFT and/or the relevant D4A DAO.

All Fees, commissions or royalties must be paid in the amounts and in the manner notified to you via a checkbox prior to confirming any transaction.
All transactions relating to the creation, purchase, sale or transfer of NFTs on the Website are final. All Fees, "gas" fees, commissions or royalties paid are non‐refundable except at the sole discretion of Dao4Art.

8. Indemnification

To the fullest extent permitted by applicable law, each creator, purchaser or user agrees agree to indemnify, defend and hold harmless Dao4Art, 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 "Indemnified Parties"), from and against all actual or alleged third party 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 Services or NFTs, (b) any feedback you provide, (c) breach of any intellectual property rights associated with NFTs, (d) your violation of these Terms, and (e) your violation of the rights of a third party.

9. Disclaimers

THE SERVICE, CONTENT CONTAINED THEREIN, NFTS LISTED THEREIN, AND FACILITIES FOR ORGANISATION OF D4A DAOs ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AT YOUR SOLE RISK WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAO4ART (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT: (A) THE SERVICES, NFTS OR D4A DAOs WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES, NFTS OR D4A DAOs WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR‐FREE BASIS; OR (C) THE SERVICES, NFTS OR D4A DAOs WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE; (D) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE, OR THE NFTS OR D4A DAOs ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE, AND YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILFUL DEFAULT. 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.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITE AND ANY NFTs OR D4A DAOs THEREON (OR ANY PART HEREOF), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY.

10. AssumptionofRisk

You accept and acknowledge:

a. Dao4Art has no responsibility for the NFTs created or traded by users of the Website and does not investigate the NFTs, and so it cannot provide any guarantee, warranty or assurance regarding the authenticity, uniqueness, originality, quality, marketability, legality or value of any NFT, the underlying intellectual property, associated metadata, or any services to be performed. In the absence of an express legal agreement between the creator of an NFT and purchasers of the NFT, there cannot be any guarantee, warranty or assurance that the purchase or holding of the NFT confers any license to or ownership of the associated metadata or other third party intellectual property, or any services associated with the NFT or any other right or entitlement, notwithstanding that User may rightfully own or possess the NFT associated with such third party intellectual property. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF NFTS THAT YOU PURCHASE ON DAO4ART. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, DAO4ART MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE PLATFORM.

b. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money.

c. You are solely responsible for determining what, if any, taxes apply to your NFTs transactions. Dao4Art is not responsible for determining the taxes that apply to Dao4Art transactions.

d. Our Service does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the Relevant Blockchain Network. Any creation or transfer of title that might occur in any NFT occurs on the Relevant Blockchain Network, and not in connection with the Services. Dao4Art cannot control such process or guarantee that it, or any party can effect the transfer of such title or right any NFTs.

NFTs and any associated transfers or marketplaces for the same utilise smart contract and blockchain technology, including non‐fungible tokens, cryptocurrencies, and decentralized or peer‐to‐peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. There are risks associated with utilising or interacting with digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorised access to information stored within your wallet. You accept and acknowledge that Dao4Art will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the NFTs, however caused.
There may be various vulnerabilities, failures or abnormal behaviour of software or NFTs (e.g., wallet, smart contracts for minting or transfer of NFTs), or relating to the relevant Blockchain Network, and Dao4Art cannot be responsible for any losses in connection with the same, including without limitation any losses in connection with (i) user error or incorrectly construed smart contracts or other transactions, (ii) server failure or data loss, (iii) corrupted wallet files, or (iv) unauthorised access or activities by third parties, including but not limited to the use of viruses, phishing, brute‐forcing or other means of attack against the Website, the relevant Blockchain Network, or your digital wallet.

g. 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 or value of NFTs.

h. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of NFTs.

i. The Services will rely on third‐party supported bridge extensions or digital wallet services to perform the transactions for the Auction of NFTs. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such

platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favour or is unavailable for a prolonged period of time, access to and use of the Services will suffer.

j. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabelled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Dao4Art reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Dao4Art. Under no circumstances shall the inability to view your assets on the Dao4Art platform serve as grounds for a claim against Dao4Art.

11. LimitationofLiability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DAO4ART 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, THE SERVICE, NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DIGITAL ASSETS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF DAO4ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAVE IN THE CASE OF PERSONAL INJURY OR DEATH, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DAO4ART ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICE, THE WEBSITE OR NFTS EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO DAO4ART IN RESPECT OF SERVICES PROVIDED TO YOU (WHICH FOR THE AVOIDANCE OF DOUBT DOES NOT INCLUDE THE PURCHASE PRICE OF NFTS THAT ARE PAID TO THE SELLER).

Users are required to initiate any procedure for claims in connection with these Terms or the Services within twelve (12) months from the date when the damage was suffered.

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.

12. ModificationstotheService

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefore.

13. GoverningLawandVenue

These Terms, your access to and use of the Services and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of Singapore, without regard to conflict of law rules or principles of any jurisdiction that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction.

14. DisputeResolution;Arbitration.

a. Please read the following arbitration agreement in this Section 14 (this "Arbitration Agreement") carefully. It requires you to arbitrate disputes with Dao4Art and limits the manner in which you can seek relief from us.

b. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Dao4Art, will be resolved by binding arbitration, rather than in court, except that Dao4Art may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

c. Any Dispute arising out of or in connection with these Terms or any of the transactions contemplated in connection with the same (including without limitation the enforceability of this Section 14 or any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Section 14. The seat of the arbitration shall be Singapore. The tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

d. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

15. Termination

a. You may terminate these Terms at any time by cancelling your account on the Website and discontinuing your access to and use of the Website. To the fullest extent permitted by applicable law, you will not receive any refunds if these Terms are terminated in any circumstances. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your Account on the Website.

b. You agree that any suspension or termination of your access to the Website may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Website due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Website or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

16. Severability

Should any provision or part‐provision of these Terms is or becomes invalid, illegal or unenforceable in any respect under any law of any jurisdiction, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable; if such modification is not possible, the relevant provision or part‐provision shall be deemed deleted. Any modification to or deletion of a provision or part‐provision pursuant to this Section 16 shall not affect or impair the validity and enforceability of the rest of these Terms, nor the validity and enforceability of such provision or part‐provision under the law of any other jurisdiction.

17. Survival

The following Sections will survive the expiration or termination of these Terms and the termination of your Account: all defined terms and Sections 1 to 3 and 5 to 15.

18. Miscellaneous

a. These Terms constitute the entire legal agreement between you and Dao4Art relating to your access to and use of the Services and Content, and completely replace any prior or contemporaneous agreements between the parties related to your access to or use of the Website, whether oral or written.

b. There are no third party beneficiaries to these Terms. These Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

c. The parties are independent contractors, and nothing in these Terms create any agency, partnership, joint venture or any similar relationship, nor cause the parties to be deemed acting in concert in any respect.

d. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.

e. You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Notwithstanding

anything contained herein, we may assign our rights and obligations under these Terms in our sole discretion (without your consent) to an affiliate for any reason, including without limitation any assignment or novation in connection with a reincorporation to change Dao4Art's domicile.

f. Our failure to enforce any provision of these Terms will not be deemed a waiver of such provision, nor of the right to enforce such provision.

g. Dao4Art will not be liable for any failure or delayed performance of our obligations that result from any condition beyond our reasonable control, including, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, acts of God, labour conditions, power failures, Internet disturbances, or acts or omissions of third parties.

h. Dao4Art reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date at the end of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

Last Updated: 1 February 2023

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