Terms & conditions

Version: 2 november 2023

The Ciphers.me website is owned and operated by PROxID BV, doing business as Ciphers.me (“Ciphers.me,” “we,” “us” or “our”). These Terms of Use (these “Terms”) govern your access to and use of the Ciphers.me website; including without limitation the creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).

By vistiting ciphers.me and completing the account registration process, and/or using our Service and/or purchasing Crypto Assets, you agree to be bound by these Terms and all the terms incorporated herein by reference. If you do not agree to these terms, you may not access or use the Service or purchase the Crypto Assets.

Ciphers.me 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 indicating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all the terms incorporated therein by reference.

Because we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.

The Service allows you to claim, collect and mint Crypto Assets (as defined below). Before minting your unique digital asset, we ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension.

“Crypto Assets” refers to unique non-fungible tokens (NFT), implemented on the Polygon blockchain, Ethereum blockchain, the Concordium blockchain and other blockchain(s) as the case may be (the “Blockchain Platform”) using smart contracts.

All transactions initiated through our service are facilitated and run by third-party electronic wallet extensions, and by using our services you agree that you are governed by the terms of service and privacy policy for the applicable extensions.

Ciphers.me is a platform. We are not a broker, financial institution, or creditor. The services are an administrative platform only. Ciphers.me facilitates the collection of NFT’s and facilitates transactions between the buyer and seller in the auction, but is not a party to any agreement between the buyer and seller of crypto assets or between any users.

If you wish to use the Service, you will need to register by creating an Account, you agree to:
(a) provide accurate, current and complete Account information about yourself;
(b) maintain and promptly update from time to time as necessary your Account information;
(c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us;
(d) immediately notify us if you discover or otherwise suspect any security breaches related to the
Service, or your Account.

By creating an Account, you consent to receive electronic communications from Ciphers.me and partners (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other 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. 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.

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you.
By submitting personal data through our site or Service, you agree to the terms of our Privacy Policy, and you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy.

Access to Service
Ciphers.me has the right to block multiple accounts of the same user. Also, you agree that you will not:
(1) create another account if we have disabled one you had unless you have our written permission first;
(2) buy, sell, rent, or lease access to your Account or username unless you have our written permission first;
(3) share your Account password with anyone;
(4) log in or try to log in to access the Service through unauthorized third party applications or clients.

Ciphers.me 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 (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Ciphers.me 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;
Transactions effected via your Account were effected in breach of these Terms.

In such cases, Ciphers.me, in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by Ciphers.me 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, Ciphers.me may refuse to provide the Content to you.

Use of service
You must provide all equipment and software necessary to connect to the Service and services, including but not limited to, a mobile or tablet device that is suitable to connect with and use Service and services, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service or
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the Ciphers.me logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Ciphers.me or our affiliates, Ciphers.me Partners, licensors or users, as applicable.

Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Ciphers.me or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

Minting NFT’s
An important feature of the Service is that You are able to mint NFTs. If you use the option of minting NFTs, we would like to emphasize the following.

Ciphers.me and or Ciphers.me Partners (or its licensors) own all legal rights, title, and intellectual property in the Image, Name and Likeness of the NFT’s that are minted on the Ciphers.me platform. All purchases and associated charges are non-refundable, regardless of your decision to stop using the Minted NFT or any disruption.

You can use Minted NFTs for personal, non-commercial purposes under a worldwide, non-exclusive, and non-transferable license, provided you comply with this Agreement.
You can transfer your Minted NFT as long as the recipient accepts this Agreement, Ciphers.me gets the specified royalty, and you haven't breached this Agreement before the transfer. Additional fees from the transfer are not covered by the royalty.

It is not allowed without written consent from Ciphers.me or Ciphers.me partners to:
modify the Minted NFT, Name and Likeness and/or Image for your Minted NFT in any way;
use the Minted NFT, Name and Likeness and/or Image for your Minted NFTs to advertise, market, or sell any product or service;
otherwise utilize the Image from your Minted NFTs for Your or any third party’s commercial benefit, or use it on commercialized merchandise.

Intellectual property
The Ciphers.me logo and any Ciphers.me product or service names, logos or slogans that may appear on the Service are trademarks of Ciphers.me or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Ciphers.me” or any other name, trademark or product or service name of Ciphers.me or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Ciphers.me and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Ciphers.me names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Ciphers.me.

Your use of the service is at your own risk. Ciphers.me provides the service 'as is' and disclaims all warranties. We do not guarantee that the service will meet your requirements, be uninterrupted, secure, accurate, or free from viruses. We are not responsible for any losses or actions taken based on the service.

Ciphers.me cannot ensure the security of data you provide online. We are not liable for any loss, use, or misuse of NFTs, content, or associated items. This includes user errors, server failures, , use of third-party extensions, unauthorized access, and blockchain issues.

NFTs are solely defined by blockchain ownership records, and transfers occur on the blockchain. Ciphers.me and/or any other Ciphers.me party cannot effect or otherwise control the transfer of title or right in NFT’s or underlying or associated content or items. To the extent there is a price or market for a blockchain asset such as an NFT, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Your Minted NFT, and there is no guarantee that Your Minted NFTs will have or retain any value.

Ciphers.me and Ciphers.me partners are under no circumstances responsible or liable to You for the any losses, damages or claims arising from: a) Your personal errors such as forgotten passwords, incorrectly constructed transactions, clicking on phishing links etc.; b) blockchain and/or hosting server failure or lost data; c) corrupted digital files and cryptocurrency wallet(s); d) unauthorized access to Your cryptocurrency wallet(s), account or applications; e) Your use of third party software or applications that You access, visit or use for the purpose of using the Services (e.g. Metamask and Your browser); and/or (f) any unauthorized third party activities regarding the Services, You, Your hard- and software, cryptocurrency wallet and/or applications, including without limitation the use of viruses, phishing, social engineering, brute forcing or other means of attack against the Services..

In case translations of this terms of service give grounds for interpretation, the English-language version shall prevail.

Applicable law
These terms are exclusively governed by the laws of the Netherlands.

The Parties will make every effort to resolve any difference of opinion or dispute pursuant or otherwise in relation to this agreement in consultation and out of court.

If the Parties fail to settle the dispute, it shall be adjudicated by the competent court of law of Amsterdam, the Netherlands.

For questions and other matters please contact us at the following address: contact@ciphers.me