Thank you for using ERC World! These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ERC World ("Company", “we,” “us,” or “our”), concerning your access to and use of the https://ercworld.io/ website (the "Site"), ERC World mobile application (the "App"), ERC World API, and any other software, tools, features, or functionalities provided by ERC World (collectively, the “Service”).

1.1 These Terms of Service ("Terms") govern your access to and use of the ERC World website, mobile applications, APIs, smart contracts, and any other products or services offered by ERC World (collectively, the "Service"). By accessing or using the Service, you expressly accept and agree to be bound by these Terms. If you do not accept and agree to be bound by all of these Terms, you may not access or use the Service.

1.2 These Terms constitute a legally binding agreement between you and ERC World regarding your access to and use of the Service. "ERC World" refers to the owner and operator of the Service.

1.3 If you will access and use the Service on behalf of a company or other entity, you represent and warrant that (i) you have the full legal authority to bind that entity to these Terms; (ii) you have read and understand these Terms; and (iii) you agree to these Terms on the behalf of that entity.

1.4 Additional terms may apply to certain products, services or features offered through the Service. To the extent there is a conflict between these Terms and any additional terms applicable to a specific product, service or feature, the additional terms will control for that product, service or feature.

1.5 ERC World may amend these Terms from time to time as described further in Section 8 below. It is your responsibility to regularly check these Terms for any changes. If you continue to use the Service after the amended Terms take effect, you agree to be bound by the amended Terms.

2.1 You must be at least 18 years of age and able to form a legally binding contract to access or use the Service. If you are under 18 years of age, you may only use the Service through a parent or legal guardian's account and with their approval and oversight.

2.2 You must not be barred from using the Service under applicable law. You represent and warrant that:

(a) You are not located in, ordinarily resident in, or a citizen of any country subject to comprehensive sanctions by the U.S. or other applicable jurisdictions.

(b) You are not identified on government denied persons or entity lists, such as the U.S. Department of Treasury Office of Foreign Asset Control’s (OFAC) Specially Designated Nationals and Blocked Persons List.

(c) You will not use the Service if any applicable laws in your country prohibit you from doing so; and

(d) You are otherwise permitted to use the Service under applicable laws and regulations.

SECTION 3 - REGISTRATION AND ACCOUNTS

3.1 You may need to register an account to access certain features or functions of the Service. If you register an account, you agree to: (a) create only one account, unless specifically authorized by ERC World; (b) provide accurate, truthful and complete information when creating your account; (c) promptly update any changes to your account information; (d) maintain the confidentiality and security of your login credentials, including passwords; (e) not share your account credentials with any third party; and (f) immediately notify ERC World if you discover or suspect any unauthorized access to or use of your account.

3.2 You are solely responsible for all activities that occur through your account, whether or not you authorized the activity. You agree to promptly notify ERC World of any unauthorized use of your account or breach of its security.

3.3 ERC World takes your account security seriously; however, we are not responsible for any lost or stolen cryptocurrencies or NFTs resulting from unauthorized access to your account.

3.4 ERC World reserves the right to refuse, deactivate or terminate your registration or account if you provide any inaccurate, fraudulent, incomplete or misleading information during registration or afterwards.

SECTION 4 – DESCRIPTION OF SERVICE

4.1 The Service operates as a non-custodial online platform that facilitates users to connect and directly transact non-fungible tokens or NFTs.

4.4 ERC World is not a counterparty to any transactions between users on the Service. You are conducting peer-to-peer transactions directly with other users.

SECTION 5 – SERVICE ACCESS AND USE

5.1 Subject to your compliance with these Terms, ERC World grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Service solely as permitted by its functions. You shall not use the Service for any other purpose.

5.2 You agree you will not do any of the following in connection with the Service:

(a) Copy, modify, create derivative works from, reverse compile, reverse engineer, or attempt to derive source code from any part of the Service, except and only to the extent such actions cannot be prohibited under applicable law.

(b) Circumvent or disable any digital rights management, usage rules, or other security features of the Service.

(c) Defraud or attempt to defraud ERC World or other users.

(d) Provide false, inaccurate or misleading information.

(e) Take any action that may undermine the feedback or ratings systems.

(f) Transfer any rights granted to you under these Terms.

(g) Use the Service for any illegal purposes or for the promotion of illegal activities.

(h) Use any data mining tools, robots, or similar data gathering and extraction methods in connection with the Service.

(i) Violate or encourage violation of any applicable laws, regulations, or third-party rights.

(j) Use the Service to send spam or unsolicited communications.

(k) Disrupt, interfere, or inhibit any other user from using the Service.

(l) Use the Service to distribute malware, viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.

(m) Defame, abuse, harass, stalk, threaten, impersonate, intimidate or otherwise violate the rights of ERC World or any third party.

(n) Publish or link to malicious content intended to damage or disrupt another user's browser, device or cryptocurrency wallet.

(o) Access any content or data not intended for you; or log into a server or account that you are not authorized to access.

(p) Probe, scan or test the Service or any related system or network for vulnerabilities; or

(q) Encourage or endorse any activity that violates these Terms.

5.3 Although ERC World has no obligation to screen, edit, monitor or review any User Content or Third-Party Content, ERC World may delete or move any User Content or disable your access to the Service at any time without notice to you if we determine it violates these Terms or applicable laws.

5.4 You acknowledge that ERC World reserves the right to cooperate with financial institutions, regulators, law enforcement agencies and court orders to provide certain personal information as may be required. This may include name, contact details, transactions records, and any other data requested via legal process.

SECTION 6 – USER CONDUCT

6.1 You agree you are responsible for your own conduct and User Content while using the Service and for any consequences. You agree to use the Service only for purposes that are lawful, proper and in accordance with these Terms and applicable laws, regulations and policies.

6.2 By way of example, you shall not use the Service to, or to promote, encourage or assist others to:

(a) Break any law, regulation, ordinance or contractual obligation.

(b) Stalk, harass, threaten or harm another individual.

(c) Impersonate any person, entity, service or organization without permission.

(d) Violate the privacy rights or intellectual property rights of others.

(e) Defame, libel, slander any person or organization.

(f) Promote or engage in discrimination, bigotry, racism, hatred, harassment or harm against others.

(g) Promote or engage in any physically or morally hazardous activities.

(h) Advertise or solicit others for any unlawful, illicit or fraudulent purposes.

(i) Harvest or collect personally identifiable information about other users without consent.

(j) Send spam or unsolicited messages or advertisements.

(k) Distribute viruses, corrupted files or any other similar software or program.

(l) Disrupt or interfere with security, operation of the Service or other users’ enjoyment of the Service.

(m) Make false or misleading claims regarding your identity, qualifications, ownership interests or affiliations.

(n) Manipulate any ratings systems.

(o) Facilitate any activities that violate these Terms or other Service policies; or

(p) Use the Service in any manner not permitted by these Terms or in violation of applicable law.

6.3 ERC World reserves the right, but does not assume the obligation, to monitor or restrict conduct that we determine violates these Terms, including by hiding, disabling or deleting any User Content. We may also suspend or terminate your access to the Service for any violations.

SECTION 7 - DIGITAL ASSETS AND TRANSACTIONS

7.1 The Service facilitates transactions of NFTs and other digital assets directly between users. ERC World has no control over which NFTs users list, purchase or sell using the Service.

7.2 You acknowledge that any transactions you conduct via the Service:

(a) Are conducted directly with other users without involvement or control by ERC World.

(b) Carry inherent risks, including volatility, liquidity, regulatory, and fraud risks.

(c) May be irreversible, final and non-refundable.

(d) Are not insured or guaranteed in any way by ERC World.

(e) Remain subject to any applicable blockchain network transaction fees or costs.

(f) Are your sole responsibility, including properly executing transactions, transfer instructions and setting transaction terms.

7.3 You must maintain adequate security of your digital wallets and credentials. ERC World cannot recover or reset any forgotten passwords or restore any lost wallet keys or cryptocurrencies.

7.4 The value of digital assets may experience significant volatility based on factors outside of ERC World's control. We make no representations or warranties regarding the value, stability, or legality of any transactions conducted via the Service.

8.2 ERC World does not claim ownership of User Content. However, by making any User Content available through the Service you grant ERC World an unlimited, perpetual, irrevocable, transferable, royalty-free license to use, copy, modify, distribute, publish, translate, create derivative works and incorporate User Content into any form, medium or technology without compensation to you.

8.3 You represent and warrant that: (a) you own or have the necessary rights and permissions to all User Content you provide; (b) User Content is accurate and not misleading; (c) use of User Content as permitted herein will not infringe or violate any third party rights; and (d) you have all releases and permissions required to grant the rights in Section 8.2 for any identified individuals, and where necessary for minors or others to ensure lawful compliance.

8.4 You are solely responsible for all User Content. ERC World is not responsible or liable for any deletion or loss of User Content, including any loss of saved content if you delete your account.

8.5 We may remove or modify User Content at any time if we determine it violates these Terms. However, we have no obligation to pre-screen, monitor, review or edit any User Content.

SECTION 9 – FEES, PAYMENTS AND TAXES

9.1 The platform imposes a transaction fee on all sales conducted through the NFT marketplace. The standard transaction fee is set at 1.33% of the total sale price.

9.2 This fee is automatically deducted from the sale amount

9.3 The transaction fee is designed to cover the operational costs of the platform and to ensure seamless transactions between buyers and sellers.

9.4 In addition to the standard transaction fee, the platform also charges a 0.5% aggregator purchase fee on each transaction involving the aggregation tool, which is automatically applied and deducted from the transaction amount.

9.5 All users, by utilizing the platform for buying or selling NFTs, acknowledge and agree to this fee structure. Any changes to the fee percentage will be communicated to all users in advance and will be updated in this section of the Terms of Service."

SECTION 10 – PROPRIETARY RIGHTS

10.1 ERC World and its suppliers reserve all intellectual property rights in and to the Service, including rights in its databases, software code, proprietary tools, algorithms, data, metadata, logo, brand features, graphics, trademarks, service marks, and interface.

10.2 The ERC World name, logo, trademarks and service marks, and the overall look and feel of the Service are proprietary trade dress of ERC World protected under trade dress, copyright, patent and other laws and may not be copied or imitated in whole or in part.

10.3 No right or license is granted to you except the limited license to access and use the Service pursuant to these Terms. All other uses are prohibited.

10.4 If you believe that any content published or made available on the Service infringes your intellectual property or other proprietary rights, please submit a written notice to [email protected] with the information required in our Copyright and Intellectual Property Policy.                              

11.1 ERC World does not endorse, recommend, or make representations or warranties regarding any NFTs, transactions, User Content, third-party goods or services advertised or made available through the Service.

11.2 The Service may provide tools and educational materials regarding NFTs and blockchain technologies. This should not be considered investment advice, an endorsement, solicitation, or recommendation to engage in any investments or buy or sell any digital assets, securities, derivatives or other financial products. You should not rely on any information provided through the Service to make any investment decisions. You should always conduct your own research before engaging in any investment opportunities. ERC World assumes no responsibility for investment decisions you make based on information provided through the Service.

SECTION 12 - THIRD PARTY CONTENT AND SERVICES

12.1 The Service may allow you to access, purchase or interact with content, products, services, advertisements, websites or applications created or owned by third parties (“Third-Party Content”). ERC World does not own, create or control any Third-Party Content.

12.2 Your access to and use of Third-Party Content is at your own risk. Third-Party Content may be governed by separate terms and privacy policies established by its owner or provider.

12.3 ERC World assumes no responsibility or liability for Third-Party Content or for any losses related to your transactions or interaction with advertisers, merchants or other third parties featured on the Service.

SECTION 13 - DISCLAIMERS AND LIMITS OF LIABILITY

13.1 YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERC WORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND NON-INFRINGEMENT.

13.3 ERC WORLD DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM ERC WORLD SHALL CREATE ANY WARRANTY OR REPRESENTATION.

13.4 FURTHER, ERC WORLD MAKES NO REPRESENTATIONS AND DISCLAIMS ALL LIABILITY REGARDING THE QUALITY, SAFETY, LEGITIMACY OR LEGALITY OF ANY NFTS, ASSETS OR THIRD-PARTY CONTENT AVAILABLE ON THE SERVICE.

13.5 UNDER NO CIRCUMSTANCES SHALL ERC WORLD BE LIABLE FOR ANY LOSS OF DATA, DAMAGE, INJURY, OR INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS

14.1 You agree to defend, indemnify and hold harmless ERC World, its affiliates, directors, officers, employees, contractors and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

(a) Your use of the Service; (b) Any User Content you provide; (c) Your violation of these Terms; or (d) Your violation of any rights of any other person or entity.

14.2 ERC World reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate and assist ERC World upon request.

SECTION 15 - TERM AND TERMINATION

15.1 These Terms remain effective until terminated by you or ERC World.

15.2 You may terminate your legal agreement with ERC World at any time by discontinuing your use of the Service.

15.3 ERC World may suspend, restrict, or terminate your access to all or part of the Service at any time, for any reason, with or without cause, and with or without notice, without incurring liability of any kind.

15.4 Upon termination, your right to access the Service will automatically end. ERC World will not have any liability whatsoever to you for any suspension, limitation, or termination of your access to or use of the Service.

15.5 Any accrued rights to payment and Sections 1, 2, 3, 5, and 7 through 26 will survive termination.

SECTION 16 – GOVERNING LAW AND DISPUTE RESOLUTION

16.1 These Terms and any action related thereto shall be governed by the laws of Bulgaria without regard to its conflict of law provisions.

16.2 Any legal claims or disputes arising out of or relating to these Terms or your access to or use of the Service will be subject to the exclusive jurisdiction of the competent court in Sofia, Bulgaria, and you hereby submit to the personal jurisdiction of those courts for the purpose of litigating any claims or disputes.

16.3 Notwithstanding the foregoing, you agree that ERC World shall have the right to seek injunctive or equitable relief from any court of competent jurisdiction.

SECTION 17 - LIMITATION ON TIME TO BRING CLAIMS

17.1 Any claim you may have arising out of or relating to these Terms or our Service must be filed within one (1) year after the claim arose; otherwise, your claim is permanently barred.

SECTION 18 - GENERAL PROVISIONS

18.1 If any provision of these Terms is found unenforceable, the remaining Terms will remain in effect and the unenforceable provision will be deemed modified to the limited extent required to permit its enforcement.

18.2 No agency, partnership, joint venture or employee-employer relationship exists between you and ERC World as a result of these Terms or your use of the Service.

18.3 ERC World may assign any rights or obligations under these Terms in our sole discretion. You may not assign these Terms without ERC World's prior written consent.

18.4 Failure to enforce any provision of these Terms will not constitute a waiver.

18.5 We reserve all rights not expressly granted herein.

18.6 These Terms constitute the entire agreement between you and ERC World relating to your access and use of the Service.

18.7 Sections 1, 5 through 8, and 12 through 26 shall survive any termination of these Terms.

SECTION 19 – SERVICE MODIFICATIONS

19.1 ERC World reserves the right to modify, update, or discontinue the Service at any time, for any reason, without notice or liability to you, even if you have a paid subscription active.

19.2 ERC World reserves the right to impose limits on certain features or services, terminate accounts, or restrict access to parts or all of the Service without liability or notice, if we reasonably believe you are in violation of these Terms.

SECTION 20 – PRIVACY POLICY

20.1 Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. The Privacy Policy is incorporated by reference into these Terms.

20.2 You acknowledge that by using the Service, you consent to the collection, use and sharing of your data as set forth in our Privacy Policy.

SECTION 21 – CONTACT INFORMATION

22.1 You may contact us regarding these Terms or the Services by email or physical mail at:

Email Address: [email protected]

Mailing Address: ERC World, Sofia, Tsarigradsko Shose 111V blvd., 1186

SECTION 22 - AVAILABILITY OF SERVICE

24.1 Although ERC World intends for the Service to be available on an uninterrupted basis, the Service will not always be available or accessible.

24.2 You understand, acknowledge, and agree that ERC World shall not be liable or responsible in any way for any loss, cost, liability or damage caused due to any unavailability or inaccessibility of the Service for any reason, whether planned, accidental, intentional, foreseeable, known, unknown or otherwise.

SECTION 23 – DISCLAIMER REGARDING LEGAL AND TAX ADVICE

25.1 The information provided as part of the Service is not intended to be legal or tax advice. You are advised to consult with your own legal and tax advisors for all legal and tax matters related to your use of cryptocurrencies, NFTs and the Service.

SECTION 24 - CONSENT TO ELECTRONIC COMMUNICATIONS AND DISCLOSURES

26.1 By using the Service, you agree that ERC World can communicate with you electronically regarding legal, technical, regulatory, security, privacy and operational notices, policies and disclosures relating to your use of the Service.

26.2 You consent to receive communications electronically from ERC World to the email address associated with your account. You agree that all agreements, notices and disclosures we provide to you electronically satisfy legal requirements as if they were in writing.

SECTION 25 - LINKS TO THIRD PARTY WEBSITES OR RESOURCES

27.1 The Service may contain links to third-party websites, apps, services, offers, merchandise and content that are not owned or controlled by ERC World (“Third-Party Links”).

27.2 ERC World provides Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.

27.3 Your access and use of Third-Party Links, including the information, material, products and services on such links, is solely at your own risk. ERC World does not endorse or accept any responsibility for the content, advertising, products, services or other materials on or available from Third-Party Links.

27.4 ERC World will not be responsible or liable, directly or indirectly, for any damage or loss caused by your access or use of Third-Party Links.

SECTION 26 – OPEN-SOURCE SOFTWARE

28.1 The Service may incorporate certain components licensed to ERC World by third parties under various open-source licenses. We make the required open-source license disclosures for the Service available at [insert url or describe how a user can find these disclosures].

28.2 Your use of open-source software is subject to the terms of each applicable license. You must comply with all requirements of those licenses when using the open-source software as part of the Service.

SECTION 27 – AUDIT

29.1 ERC World has the right but not the obligation to monitor your access to and use of the Service, including any data, text, audio, video, images or other content, to ensure your compliance with these Terms.

29.2 You grant ERC World express permission to electronically audit your use of the Service and any related data processing systems to verify your compliance with these Terms.

29.3 Any such audit will be conducted confidentially, at reasonable times and upon reasonable notice.

SECTION 28 – VIOLATIONS OF TERMS

30.1 You acknowledge, consent, and agree that ERC World may access, use, preserve, transfer and disclose your Account information and Content if required to do so by law or regulation, or in a good faith belief that such access, use, preservation or disclosure is reasonably necessary, such as:

(a) To comply with legal process, judicial orders or warrants seeking such information.

(b) To enforce these Terms, including investigation of any potential violation thereof.

(c) To detect, prevent or otherwise address security, technical issues or illegal or suspected illegal activities; or

(d) To protect the rights, property or safety of ERC World, users or the public from harm or illegal activities.

SECTION 29 - WARRANTY DISCLAIMER

31.1 THE SERVICE, INCLUDING ANY SOFTWARE OR CONTENT ACCESSED THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ERC WORLD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

31.2 ERC WORLD MAKES NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY, LEGALITY, USEFULNESS, OR RELIABILITY OF ANY DIGITAL ASSETS, CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, CONSENSUS MECHANISMS, OR OTHER MATERIAL ACCESSED VIA THE SERVICE.

SECTION 30 - ASSUMPTION OF RISK

32.1 You accept and acknowledge each of the following:

(a) The prices and liquidity of blockchain assets are subject to volatility and fluctuations in price and demand. You accept the inherent risks associated with such volatility. ERC World assumes no liability for any losses you suffer due to price fluctuations.

(b) You are responsible for selecting your own wallet provider and implementing security protections. ERC World does not guarantee the security of the Service or that our security precautions will protect against all possible threats.

(c) The Service relies on third parties and factors outside of our control. We make no promises regarding uptime or availability of blockchain networks or markets.

(d) It is possible that blockchain networks may go offline as a result of bugs, hard forks, or a variety of other unforeseeable circumstances. ERC World takes no responsibility for any adverse effects related to blockchain network downtime or malfunction.

(e) ERC World has no ability to prevent or mitigate attacks on blockchain networks, recover stolen cryptocurrency or override the consensus mechanism of any blockchain.

(f) ERC World makes no guarantees about our ability to recover funds lost due to your own error, like forgotten passwords, mistyped addresses, incorrectly constructed transactions, mistakes in gas calculations, protocol bugs, smart contract failures, hacking and theft. You are responsible for protecting your login credentials and maintaining adequate security precautions when using the Service.