Terms and Conditions
Latest version: July 2024
The present Terms and Conditions (“Terms”) govern the access and use of the products offered in Buildtree platform (“Service”), through the website: buildtree.io (“website”) between the User (“you”, “your” and “User”) and STUDIOSNFT, S.A. (“NFT Studios”, “we”, “our” and “us”), ”), with headquarters at Rua Nova de São Pedro, n.o 54, 2.o floor, office “D”, 9000-048, Funchal, a company registered under company number: 516254502.
By accessing the Service that allows the use of decentralized apps (collectively referred to as “Products”, and “dApps”) detailed in their specific webpages, the User accepts the Terms as described below.
These Terms do not apply to your interactions with any blockchain protocol associated with our Platform. It should be noted that due to the permissionless nature of the protocols, our dApps are not hosted by us.
The User should read these Terms carefully. IF YOU DO NOT ACCEPT AND AGREE WITH THE TERMS, YOU SHOULD EXIT THE WEBSITE AND NOT ACCESS THE PLATFORM.
1. SERVICE DESCRIPTION
1.1. Buildtree consists in a set of applications that enables users to navigate through different dApps that run on Blockchain protocol. The Service can be accessed through our platform as well as through third-party platforms and/or websites under agreed terms.
1.2. To access the different offered Products is necessary to link your digital wallet.
1.3. The dApps offered currently run on Ethereum, however NFT Studios reserves the right to use any Blockchain protocol in the future to provide the Services and offer the Products. The Ethereum protocol is decentralized, autonomous and operates independently from NFT Studios.
1.4. To access the Service it is necessary to connect your private wallet. It should be noted that at this stage it is acceptable to create an User account with your email address, although to fully access our Products it is necessary to use a wallet connection to link our dApps to your personal wallet. ALL THE INTERACTIONS INITIATED THROUGH OUR SERVICE ARE FACILITATED AND RUN BY THIRD-PARTY ELECTRONIC WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU UNDERSTOOD AND ARE GOVERNED BY THE TERMS AND PRIVACY POLICY FOR THE APPLICABLE THIRD PARTY EXTENSIONS.
1.5. Buildtree platform is not a wallet provider, exchange, broker, financial institution, or creditor. Buildtree only provides peer-to-peer web3 services through dApps that are publicly available on blockchain. We do not have custody or control over the dApps or blockchain protocols the Users interact with and we do not execute or effectuate purchases, transfers, or sales of any kind.
1.6. Usage of the Products or blockchain technologies, specifically virtual (crypto) currencies, NFT, tokens, wallets (collectively “Digital Assets”) may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with Digital Assets in your jurisdiction before using the Platform.
1.7. This Agreement is not a solicitation for investment and does not represent in any way an offering of securities in any jurisdiction.
1.8. We may, at any time and at our sole discretion, intend to
2. ACCESS
2.1. By creating an account to access our Service, you expressly guarantee that you are (i) an individual at the age of majority in your jurisdiction of residence and/or (ii) acting in the name of a legal entity in whose name and behalf you have been duly authorized to act and to bind the legal entity to these Terms.
2.2. You are allowed to create an account with your email although to access our Products it is necessary to link your wallet through the website API. Once the wallet is connected you have to validate it through the wallet extension. For the usage of certain Products, the User will be asked to add an alias or an ENS Domain and password.
2.3. By using the wallet linked to the Products, the User agrees that they are using it in accordance with the wallet provider’s terms and conditions.
2.4. NFT Studios does not operate, maintain the wallets or have any sort of custody or control over the User’ wallet nor has the power to retrieve or transfer its contents.
2.5. NFT Studios has no liability for or to the Users in relation to the connection and use of the wallet to access the Products and does not provide any guarantee as to how the Products operates within the chosen wallet.
2.6. The User is solely responsible for ensuring that the wallet is secure and should never disclose the wallet’s credentials, or private keys, to third parties in order to access the Products.
2.7. If there is a fault detected by the User in relation to the wallet, the User should contact the wallet provider. Likewise, the User is responsible for its account and any associated wallet and NFT Studios is not responsible for any acts or omissions by the User that could compromise the account connection with the wallet.
2.8. The User is obligated to notify NFT Studios if it discovers any security issues in relations to the Service, Products and Account.
3. DEVICE
3.1. The User acknowledges and agrees that, in connection with Service and Products usage, is responsible for:
(i) Obtaining and installing all hardware, software, and internet services necessary for the use of the Service and Products in accordance with these Terms.
(ii) Installing antivirus or other security software on its device that are needed to protect against any security or other vulnerabilities which may arise in connection with your use with our Service and Products.
3.2. Users are solely responsible for keeping their device safe and maintaining adequate security and control of your login and authentication details (including, but not limited to, their alias and password), and shall be solely responsible for any access to and use of the Service and Products.
3.3. NFT Studios will not be liable to the Users for any loss or damage resulting from such access and/or use that is contrary to these Terms.
4. CONTENTS
4.1. Some of our Products allow you to transmit your own content.
4.2. You are solely responsible for that content; this includes whether you need consent from a third-party to use and distribute that content.
4.3. NFT Studios shall not be liable for any content uploaded or/and transmitted by the User through the use of our Products.
5. USE RESTRICTIONS
5.1. You must access and use our Service and Products in compliance with all applicable laws, regulations and third parties’ rights which may vary. We do not warrant that our Service and Products are allowed in all jurisdictions, and it is your sole responsibility to ensure compliance with the laws and regulations of the jurisdiction of your residence.
5.2. You agree to comply with, and will not attempt to circumvent, the present limitations. You will not use our Products in a manner that:
(i) Infringes on our or any third-party intellectual property rights or rights of publicity or privacy.
(ii) Is defamatory, trade libelous, threatening, harassing (including autodialing, bulk messaging, or other unsolicited actions).
(iii) Contains any virus or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system or data.
(iv) Otherwise violates, or encourages, or promotes the violation of, any applicable law or third parties’ rights.
6. PROHIBITED USE
6.1. You agree that the our website, Service and Products would not be used to:
(i) Modify, disassemble, decompile, prepare derivative works of, reverse engineer, or attempt to gain access to the source code of our website.
(ii) Knowingly or negligently use the website in a manner that abuses, interferes with, or disrupts our networks.
(iii) Engage in activities that are illegal, fraudulent or misleading.
(iv) Transmit through our Products any material that may infringe the intellectual property or other rights of third parties.
(v) Copy any features, functions, or graphics present in our website or our products.
(vi) Use our Products to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, violates the intellectual property rights of any third party or is otherwise unlawful that would arise civil liability, or that could constitute a criminal offense under any applicable law or/and regulation.
(vii) Access our Products from a different blockchain address if you have been blocked from any of your blockchain addresses from accessing our Products unless you have our written permission first.
(viii) Distribute spam, including through sending unwanted NFTs to other users.
(ix) Bypass or ignore instructions that control access to our Products, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, using different private wallets to surpass the established limits, or otherwise obscuring the source of traffic you send to NFT Studios.
(x) Create or display NFTs or other items that promote suicide or self-harm incites hate or violence against others.
(xi) Upload or transmit any content or code that does or is intended to harm, disable, destroy, or adversely affect performance of the website in any form or which does or is intended to harm or extract data from other hardware, software or our Products, or other users.
(xii) Engage in any activity or use the products in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the website, or any servers connected to the Products or our security systems.
(xiii) Use the products in violation of our policies or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy and anti-terrorism laws and regulations and laws requiring the consent of subject, and, in this sense, you agree that you are solely responsible for complying with such laws and regulations.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials provided by us, including, without limitation, NFT Studios logo and all designs, text, graphics, pictures, data, software, sound files, other files and the selection and arrangement thereof are owned by NFT Studios or our affiliates, licensors, users, as applicable, and you agree not to take any actions inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service, Products, and its content, including, without limitation, the exclusive right to create derivative works.
7.2. NFT Studios’s name, logo, trademarks, and any NFT Studios product or service names, designs, logos, and slogans are the intellectual property of NFT Studios or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “NFT Studios” or any other name, trademark or product or service name of NFT Studios or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of NFT Studios and may not be copied, imitated or used, in whole or in part, without our prior written permission.
7.3. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed 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 intellectual property rights 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 NFT Studios.
7.4. The contents transmitted, created and uploaded by the Users through our Products are solely owned by the Users and NFT Studios has no ownership and responsibility regarding it.
7.5. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by NFT Studios, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.6. By using the Products in connection with creation, submission, post, promotion, or display content, you retain an exclusive right to use, copy, modify, and display any content since it remains in your private wallet.
7.7. You represent and guarantee that you have, or have obtained, all rights, licenses, contents, permissions, power and/or authority necessary to grant the rights granted herein for the content you create, submit, post and/or display with our Products and the Service. You guarantee that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have the necessary permission or otherwise are legally entitled to post the material.
7.8. For the duration of this Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to the extent necessary to use the Products. You agree to grant us a perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable license to any content submitted via the Products for any act restricted by any intellectual property right (including copyright) for any purpose reasonably related to the provision and operation of the Products, including, but not limited to, the promotion and advertising of the Products in social media, in our Website or in any other media platform or venue that we intend to use for that purpose. Furthermore, you allow us to use and, to the fullest extent, release your intellectual property rights to any feedback, reports, suggestions, or comments submitted via the Products for the purposes of improving the Products and the services provided by us. We owe you no remuneration for the use of such intellectual property.
8. DISCLAIMERS
8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PRODUCTS AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE ACCORDING TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE APP AND ANY PART OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
8.1.1. YOUR ACCESS TO OR USE OF THE PRODUCTS WILL MEET YOUR REQUIREMENTS;
8.1.2. YOUR ACCESS TO OR USE OF THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
8.1.3. USAGE DATA PROVIDED THROUGH THE PRODUCTS WILL BE ACCURATE;
8.1.4. THE PRODUCTS OR ANY CONTENT, OR FEATURES MADE AVAILABLE ON OR THROUGH THE PRODUCTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
8.1.5. THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PRODUCTS WILL BE SECURE. 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.
8.2. 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 GROSS NEGLIGENCE.
8.3. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE PRODUCTS OR YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM:
8.3.1. USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS;
8.3.2. SERVER FAILURE OR DATA LOSS;
8.3.3. CORRUPTED WALLET FILES; OR
8.3.4. UNAUTHORIZED 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 APP, THE BSC, OR ANY ELECTRONIC WALLET.
8.4. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BSC. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES CONCERNING SMART CONTRACTS.
8.5. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM BLOCKCHAIN, OR ANY ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
9. MODIFICATIONS TO OUR PRODUCTS OR SERVICE
9.1. We do not guarantee that our website, Service, Products or any content on it will always be available or uninterrupted.
9.2. We may suspend, withdraw, or restrict the availability of all, or any part of our website, Services and Products based on business and operational grounds. In such case, we will attempt to provide you with a reasonable notice of any suspension or withdrawal on our Website.
9.3. We may, at any given time and at our sole discretion, start charging fees for the provision of our Services and Products. In such a case, the User shall have a special right of termination with notice of two weeks to the date of change.
10. SECURITY AND LINKS TO OTHER WEBSITES
10.1. Where our Products contain links to other websites or/and resources provided by third parties, these links are provided to your own information.
10.2. Such links should not be understood as approval by us of those linked websites, platforms or information you may obtain from them.
10.3. We have no control over the contents of those websites or resources, or their privacy settings, procedures and/or policies. You are solely responsible for reviewing the information provided by those websites or resources.
10.4. We do not guarantee that our Products, website or any content on it will be secure or free from virus or bugs.
10.5. You are responsible for configuring your information technology, computer programs and platform to access our website and Products.
10.6. You must not misuse our website or our Products by knowingly introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial of service attack. We will report any such breach to the relevant law enforcement authorities.
10.7. Since the Products may contain links or functionality to access or use third parties’ websites and applications, or otherwise display, include, or make available content, data, information services, applications, or materials from third parties. When you click the link to, or access and use, a third-party website/application, though we may not warn you that you left our Products, you are subject to the terms of another destination. Such third parties’ applications, websites and/or materials are not under the control of NFT Studios and may be open applications for which no resource is possible. We are not responsible or liable for any third-party websites, applications, and material. NFT Studios provides links to these only as a convenience and does not review, approve, monitor, endorse, guarantee, or make any representations with respect to third parties, or their products or services or associated materials. You use all access to third parties at your own risk.
10.8. The content of the Products and the website, including, trademarks, designs, logos, text, images, as well as the appearance, organization, layout of the Products, Service and the Website or software code, is the exclusive property of NFT Studios unless otherwise indicated. NFT Studios is responsible for managing the Services, Products and the Website and may at any time update, modify or delete any content, services, options, or features, as well as change its presentation and configuration.
10.9. NFT Studios does not pre-select or monitor the content transmitted to the Products by third parties and is not responsible for the selection and/or monitoring of such content.
10.10.If properly notified, NFT Studios may investigate whether any content transmitted to the Service, Products or Website is in violation of the Terms and may determine, in its sole description, to have such content removed.
11. PRIVACY AND DATA PROTECTION
The processing of your personal data when accessing the Website, Service and Products will be governed by our Privacy Policy.
12. LIMITATION OF LIABILITY
12.1. To the maximum extent allowed by applicable law, NFT Studios including, but not limited to, all its legal representatives, auxiliary directors, employees and/or agents are not liable to the User of the Website, Services and Products for any possible damage, loss and/or injury (including, but not limited to, direct, indirect, incidental, special, consequential and punitive damages, lost profits and damages resulting from lost information and/or interruption of Website, Services and Products activities) arising out of or relating to the use of this Service, Website and Products and its contents, whether based on warranty, contract, tort or any other legal ground.
12.2. Without prejudice to this, NFT Studios’ liability, whether in its own capacity or for acts of its representatives, for breach of these Terms shall always depend on the existence of intent or serious fault.
12.3. The User will be exclusively and solely responsible for their use of the Website, Service, Products, and its contents, including any content that the user transmits, the violation by the User of any third-party rights and/or violation by the User of the Terms. The User shall defend, indemnify and hold harmless NFT Studios for any damages, losses, costs, or expenses arising to it from the use in violation of the applicable law and the Terms.
13. CONTACTS AND COMPLAINTS
You can contact NFT Studios through the forms available on the website or through the email address:[email protected]. You may submit any complaint you may about the functioning of the Website, Service and Product at this address.
14. JURISDICTION
Without prejudice to the mandatory legal provisions that may be applicable, these Terms shall be governed and interpreted in accordance with Portuguese Law. The User acknowledges and accepts the assignment to the jurisdiction of the Courts of Lisboa with express waiver of any other, the knowledge of any action arising from and/or related to the Terms and/or the use of the Website, Service and Products.
15. GENERAL PROVISIONS
15.1 If any provision of the Terms is found to be void, null, unenforceable, ineffective, or unenforceable or is otherwise invalid by any competent authority, including a court of competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provision of Terms, which shall remain in force.
15.2 In the event of a declaration of invalidity according to the above paragraph, the Terms shall, to the fullest extent allowed by law, be interpreted so as to be similar in effect as possible to that which was originally intended.
16. CHANGES TO THE TERMS AND CONDITIONS
16.1 If there are reasonable grounds, NFT Studios may change these Terms at any time and without prior notice to the User. The User should consult these Terms frequently and check compliance with them when using the Website, Service and Products, confirming the date of the latest version at the end of this document.
16.2 Changes will not be applied retroactively. The User hereby accepts that legal, technical, or commercial reasons affecting NFT Studios shall be considered as reasonable grounds to change these Terms.
16.3 Changes concerning new features of the Service and Products or changes made for legal reasons shall become effective immediately. If the User does not accept the website's modified Terms and Conditions of Use, the User should cease using the Site.