Terms of Service
Last update: June 12th, 2022
These Terms of Service (“Terms”) is a legally binding agreement between Miinded, a French simplified joint stock company (société par actions simplifiée) with a share capital of 40 € and registered before the Trade and Company Register of Nantes under number 907 927 461 (“Miinded” or “we”, “us”) and you as a natural individual (“you”) with respect to your access and use of an online service to aggregate all your NFTs collectibles you own based on communities you belong to (“Services”).
To access and use the Services, you must first read and agree to these Terms.
1. Scope of the Services
The Services allows you to track and list your Collectibles from Communities you belong to and grant you roles in such Communities. The Services are based on public information available on the Ethereum Blockchain and is available on selected Communities only.
The Services do not include any wallet services, storage of your Collectibles nor do they allow the sale, purchase or trade of your Collectibles.
2. Applicability of the Term
Once you accept the Terms, they will be effective for the entire duration of your use of the Services. We reserve the right to modify the Terms at any time, in such a case you will be informed ahead of any substantial change and we may seek your acceptation of the changes. If you no longer wish to agree to the Terms, you may delete your Account and terminate this agreement.
3. Access to the Services
3.1. Pre-requisites
The Services is dependent upon you having, at your own expense, an Internet connection, a Discord ID, a Wallet with any Collectible in it as well as being a member of any Community.
3.2. Log in to the Platform
Access and use of the Services is free of charge, subject to your acceptance and compliance with the Terms. It requires a prior creation of an Account on the Platform using the link provided to you from selected Community admin to invite you to use the Services. To register, you must provide your Discord ID and your Wallet ID. Your Account is strictly individual and personal. You may not transfer, lend or share your Account with anyone. To provide the Services, we may process your personal data in accordance with our privacy policy available at tool.miinded.com/privacy-policy .
3.3. Requirements
To create an Account, you must be a natural individual who has reached the age of majority in your country of residence and who account has not be de-activated by us for prior violation of the Terms. You must not be a resident of a country that is under U.S. government, United Kingdom, European Union (including its Member States) or United Nations embargo nor being or have your financial institution being subject to international financial sanction by US, United Kingdom, European Union (including its Member States) or United Nations regulations.
3.4. Available Communities.
Services is available for selected Communities with whom we partner with. The Services may not provide information on Collectibles you own relating to Communities that are not selected partners.
3.5. Management of your Account
You can at any time modify or edit your Account, including adding or removing any of your Wallet by using your Discord credentials. You can also delete your Account, in such case the provisions will be automatically terminated. You are solely responsible for ensuring the security and confidentiality of your Account. If you suspect or become aware of any fraudulent use of your Account, you must notify us and change your Discord credentials.
4. Use of the Services
4.1. Right of use
Subject to your compliance with the Terms, we grant you, for the duration of the use of the Services, a personal, non-exclusive, non-transferable and non-sublicensable license to access and use the Services for personal use to the exclusion of any commercial use.
4.2. Restriction of rights
You are only authorized to use the Services in accordance with the Terms, we reserve all rights not expressly granted. You must not (a) copy, make available and/or distribute in whole or in part in any way whatsoever the Platform and the Services to third parties; (b) assign, sell, lease, lend, sub-license, distribute, outsource or transfer the rights that have been granted under the Terms; (c) adapt, modify, including for correction purposes, or translate the Platform or the Services; (d) disassemble, decompile the Platform, perform reverse engineering, or otherwise attempt to discover or reconstitute its source code, except as specifically authorized by applicable law; (e) alter, destroy or delete notices relating to intellectual property rights or any other reference to our ownership appearing on the Platform; (f) distribute all or part of a software created in whole or in part with the Platform.
4.3. Restriction of use
You must not (a) use the Services for purposes that are illegal or prohibited by the Terms or by applicable law; (b) use a third party's account to access the Services; (c) attempt to circumvent any security measure implemented to limit or restrict access to areas or features of the Services; (c) upload viruses or other malicious code, or otherwise compromise the security of the Services; (d) use a robot or other computerized means or interface to access the Services or extract data; (e) use or develop third-party applications that interact with the Services or other users' content or data; (f) use the Services in a manner that could damage, disable, overburden, or impair the Services or that could interfere with the proper operation of the Services.
5. Availability of the Services
We will try our best to ensure the accessibility and availability of the Services, provided that you comply with the Terms. However, we cannot guarantee that the Services will be uninterrupted, error-free or free from malware or other harmful components.
We reserve the right to suspend or restrict access to the Services, in particular in order to perform any maintenance, to comply with legal requirements or in application of the Terms.
Despite our efforts, please note that interruptions or suspensions may occur at any time due to the inherent limitations of the Internet, the blockchain protocol or any other technology use to operate the Services.
6. Intellectual property
We and our licensors are and will remain owners of all the material and intellectual property rights attached to the Services, including the Contents. The Terms do not grant you any rights, whatsoever, except a limited license. You undertake not to infringe directly or indirectly our property rights or those of our licensors.
7. Disclaimer
The Services are provided on an “as is” and “as available” basis, and without any warranty of any kind from us. Subject to applicable law, we expressly disclaim any and all warranty or conditions. You expressly agree to bear all risks inherent to the access to and use of the Services.
In using the Services, you may have access to or use services provided by third party, including Discord, links to web pages and services of such parties. (« Third-Party Content »). Third-Party Content is outside the scope of these Terms, we do not control, endorse or adopt any Third-Party Content and will have no responsibility for such Third-Party Content. Any interaction with Third-Party Content is at your own risk and you must comply with any applicable terms and conditions governing such Third-Party Content.
8. Liability
8.1. Our liability
Our liability may not be sought for any indirect damages, including without limitation, loss of income, profits, opportunity, data, goodwill or reputation resulting from the use of the Services.
We are only bound to provide our best efforts with regard to the provision of Services. Subject to applicable law, our liability for direct damages resulting from our failure to perform the Services in accordance with the Terms shall not exceed in aggregate the equivalent in Ether of $100. Our liability may only be sought within one (1) year from the event giving rise to the claim.
8.2. Your liability
You may be liable towards us for any breach of the Terms. You are responsible for your use of the Services. It is your responsibility to take all appropriate steps to protect your equipment and the information stored on your equipment, including your Wallets.
9. Termination
9.1. Termination for convenience
You may terminate the Terms at any time and for any reason, by deleting your Account on the Platform. Services will no longer be available to you. We may stop providing the Services and terminate the Terms subject to fifteen (15) days prior notice, at any time and for any reason; upon termination your Account will be deleted and use of the Services will cease. We may also deactivate your Account, subject to fifteen (15) days prior notice, if you are inactive, i.e. if MIINDED do not observe any activity on any Discord Servers for a period of 3 years.
9.2. Termination for cause
We reserves the right to terminate the Term and suspend your Account at any time if you fail to comply with the Terms or if required by applicable law. Termination will occur without prior notice (in case of urgency or pursuant to applicable law) or otherwise upon fifteen (15) days prior notice to cure the breach. Termination is without prejudice to other rights or remedies we may have.
9.3. Consequences of termination
Upon termination of the Terms, your Account will be deactivated and your right to access and use the Services will cease. Your data will be deleted from our server, unless provided otherwise pursuant to our Privacy Policy, without prejudice to the public information available on the Blockchain. The provisions of the Terms that are meant to remain into effect shall survive termination.
10. Applicable law and jurisdiction
The Terms are governed by French law. Any dispute between you and us must first try to be sorted out amicably, to that end please contact us at [email protected] and provide us contact details as well as any information to allow us to appreciate your claim.
Besides, if you are residing in the European Union, you may also contact the online dispute resolution service of the European Commission at the following address: ec.europa.eu/consumers/odr. If we cannot find a common ground, you may refer the dispute to the competent court within the jurisdiction of the French court of Appeal of Nantes, unless other court is competent in accordance with overriding mandatory provisions applicable in your country of residence.
The Terms do not affect any mandatory or statutory rights you may have as a consumer in your country of residence.
11. Miscellaneous
Any failure from us to enforce our rights under the Terms shall not be deemed to be a waiver.
We reserve the right to assign or to transfer our rights and obligations under the Terms to any third party; upon transfer Miinded will be released from its obligations and liabilities. We reserve the right to delegate all or part of our obligations to any third-party service providers appointed at our discretion. If any provision of the Terms is determined to be void, inapplicable or unenforceable by virtue of law or by any final court ruling, the remainder of the Terms will be in full force and effect. You expressly acknowledge and agree, as a convention of proof, that the information collected by us concerning the use of the Services will constitute valid evidence and will be admissible and enforceable between you and us.
The Terms, together with our privacy policy set the entire agreement between you and us in relation to the Services we provide, they supersede and replace any prior agreement.
12. Contact us
You can contact us at any time by e-mail to: [email protected]
13. Definitions
“Account” means your user account available on the Platform.
“Collectible” means any non-fungible token (NFT) on the Ethereum blockchain that you personally own, including the graphic representation that is attached to it.
“Community” means any NFT community on Discord that you have joined relating to the Collectibles you own.
“Contents” mean all elements relating to the Services (including any content, information, design, logos, text, graphics, images, icons, data, software, database, algorithms, scrips, trademark, domain name, etc.) used to operate the Services.
“Discord” means the Discord’s services, apps, websites and other products that you use.
“Platform” means the webapp available at the address https://tool.miinded.com provided by us or any other address that comes as a replacement.
“Wallet” means any of the Ethereum wallet that you hold in which Collectibles are stored.