Terms of Use

These Terms of Use (the "Terms") form a binding legal agreement between you ("you", "your", or "User") and NFTvierge, including its operators, affiliates, officers, directors, employees, contractors, agents, suppliers, and licensors (collectively, "NFTvierge", "we", "us", or "our"), governing your access to and use of the website at www.nftvierge.com, the on-chain Solana programs and tooling we operate, and any related services (collectively, the "Service"). By connecting a wallet, signing the Sign-In-With-Solana message, minting, listing, buying, or otherwise using the Service, you accept these Terms in full. If you do not accept, do not use the Service.

1. Eligibility, sanctions, and prohibited jurisdictions

• You represent that you are at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), and have full legal capacity to enter into this agreement.
• You represent that you are not (a) located in, ordinarily resident in, or a citizen of any country, territory, or region subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC"), the United Nations Security Council, the European Union, His Majesty's Treasury, or other applicable authority; (b) listed on any restricted-party list (including OFAC's Specially Designated Nationals list); and (c) acting on behalf of any such person or entity.
• You are responsible for determining whether your use of the Service is lawful in your jurisdiction. We make no representation that the Service is appropriate or available for use in any particular location.
• We may, in our sole discretion, geoblock, restrict, or terminate access from any jurisdiction at any time, with or without notice.

2. Wallet authentication; account security

The Service uses Sign-In-With-Solana ("SIWS"). Your Solana wallet public address is your account identifier. You are solely responsible for: (a) the security of your wallet, private keys, seed phrases, hardware devices, and recovery materials; (b) all activity occurring in connection with your wallet, whether or not authorized by you; and (c) the security of the device, network, and software used to access the Service. We do not have access to, custody of, or any ability to recover your private keys. Lost keys, compromised wallets, signed malicious transactions, and stolen assets cannot be restored by us.

3. No custody; non-custodial Service

The Service is non-custodial. Except for transient routing of payment for an in-flight mint job (which the Service holds momentarily before disbursing to its operating treasury and Arweave/Irys/AI vendor accounts as part of the mint pipeline), NFTvierge does not take custody of, hold, or control your digital assets, fiat currency, or wallets. All blockchain transactions are signed by you and broadcast to the relevant network from your wallet.

4. Mints; payments; refunds

4.1 Mint pricing and breakdown

Mint prices are denominated in SOL and shown at the point of sale. Prices include, without separate itemization unless stated, network fees, AI generation costs, permanent storage fees, on-chain mint costs, and the NFTvierge platform fee. We may change pricing for future mints at any time without notice; pricing in effect at the moment you sign your payment transaction governs that mint.

4.2 Mint flow and on-demand generation

For on-demand AI-generated mints, the order of operations is: (i) you sign and broadcast a payment transaction; (ii) we generate art via a third-party AI provider seeded by your payment signature; (iii) we upload the resulting image and metadata to Arweave; (iv) we mint a compressed NFT to your wallet. You acknowledge that steps (ii)–(iv) occur after you have paid, and that brief delays, retries, or failures may occur.

4.3 Refunds for failed mints

If, despite reasonable efforts, we are unable to deliver an NFT for a paid mint job within a commercially reasonable retry window, we will initiate a refund of the SOL paid (less unrecoverable network fees and any third-party service costs already incurred for that job — for example, AI generation that completed before an upload failure) to the originating wallet. Refund initiation is automated; the actual on-chain refund is subject to network conditions. Your sole remedy for a failed mint is the refund described in this Section.

4.4 No refunds for successful mints

On-demand AI mints are unique digital assets generated specifically in response to your payment. All successful mints are final and non-refundable. You may freely transfer, list, or sell your minted NFT on any compatible marketplace, subject to the terms of those marketplaces.

4.5 Mint limits

We may impose per-wallet, per-collection, per-time-window, or other mint limits, and may use captchas, allowlists, rate limits, and anti-bot measures. Attempts to circumvent these limits — including via Sybil wallets, automation, or pre-execution copying — are a material breach of these Terms.

5. Marketplace; secondary sales

The Service may aggregate and display listings, offers, sales, and other marketplace data from third-party Solana marketplaces (such as Magic Eden and Tensor) and may also enable first-party listings. When you list, buy, accept an offer, or place an offer:

• You sign each transaction directly with your wallet; the Service is a UI for transactions you author.
• NFTvierge is not a counterparty to peer-to-peer trades and does not guarantee performance by any other user or third-party marketplace.
• Platform fees and creator royalties applicable to a transaction are disclosed at the point of sale to the extent reasonably possible. We may change platform fees at any time, prospectively, by updating the Service.
• All sales are final once the on-chain transaction confirms. We cannot reverse, refund, or cancel confirmed transfers.
• We do not warrant that any creator royalty will be honored on secondary sales executed through third-party marketplaces or wallets, especially in the case of compressed NFTs where royalty enforcement is not protocol-mandatory.

6. Intellectual property

6.1 Service IP

The Service, including its software, design, brand, content, and underlying tooling (excluding User Content and any third-party content) is owned by NFTvierge and our licensors, and is protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service strictly as permitted by these Terms.

6.2 NFT ownership; license to underlying art

Owning an NFT minted on the Service means you own the on-chain token. The license to the underlying image associated with that token is governed by the terms set by the issuer at mint time and surfaced on the collection page. For Genesis pieces, the default license is: a worldwide, royalty-free, non-exclusive license to display, copy, and create derivative works of the underlying image for personal, non-commercial purposes. Any commercial use of a Genesis image (merchandise, advertising, branding, redistribution at scale) requires a separate written commercial license from NFTvierge.

6.3 No transfer of trademark or service marks

Nothing in the NFT or its license grants any right to use the NFTvierge name, logo, or marks, except as expressly permitted in writing.

6.4 User Content

If you submit content to the Service (profile data, bios, prompts, images, social links, etc., collectively "User Content"), you represent that you own or have the right to submit it. You grant us a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to host, store, reproduce, modify (only to the extent necessary to operate the Service), display, and distribute the User Content for the purpose of operating, marketing, and improving the Service. You waive any moral rights to the extent permitted.

6.5 AI-generated content disclaimer

The Service uses generative AI models. Generated images may be similar to other outputs, may inadvertently resemble pre-existing works, and may be subject to evolving legal standards regarding the authorship, ownership, and copyrightability of AI-generated content in your jurisdiction. We make no representation about the copyright status, registrability, or originality of any generated piece. You accept all risk associated with the legal status of AI-generated content.

7. Acceptable use

You agree not to, and not to permit any third party to:

• Mint, list, distribute, or use the Service in connection with content that infringes intellectual property rights, defames, harasses, or invades privacy.
• Mint, list, or distribute content that is illegal, hateful, sexually exploitative of minors, depicts non-consensual sexual content, glorifies terrorism, incites violence, or is otherwise unlawful in your or our jurisdictions.
• Engage in market manipulation, including wash trading, spoofing, layering, pump-and-dump schemes, coordinated price manipulation, or insider front-running.
• Operate or facilitate gambling, lotteries, or unregistered securities offerings via the Service.
• Use the Service to launder funds, evade sanctions, or finance terrorism.
• Reverse-engineer, decompile, scrape at volumes that interfere with operation, or attempt to access non-public Service infrastructure.
• Bypass rate limits, captchas, allowlists, geoblocks, or any technical access control.
• Use bots or automated tooling to mint in ways that violate stated mint limits or anti-bot rules.
• Misrepresent your identity, falsely imply affiliation with NFTvierge or another person, or impersonate another wallet holder.
• Interfere with the security, performance, or availability of the Service or any user's use of it.

We may, at our sole discretion and without notice, take down listings or collections, freeze marketplace features for offending wallets, refuse to provide Service to specific wallets, suspend mint pipelines, and report illegal activity to relevant authorities.

8. Inherent risks of NFTs and crypto

You acknowledge and accept that:

• Volatility. The value of any NFT, cryptocurrency, or token can drop to zero. Past performance does not predict future value.
• Irreversibility. On-chain transactions are final. Sending to the wrong address, signing a malicious transaction, or losing keys generally means losing assets permanently.
• Smart contract risk. Bugs, exploits, or upgrades in protocols we integrate with (including but not limited to Solana program runtime, Bubblegum, Token Metadata, Magic Eden, Tensor, Auction House) can cause partial or total loss of assets. We do not control those contracts.
• Network risk. Solana network outages, congestion, forks, validator failures, MEV, and reorgs can affect the success, timing, or finality of transactions.
• Wallet risk. Bugs in wallet software, malicious browser extensions, phishing attacks, and supply-chain compromises can lead to asset loss.
• Regulatory risk. Laws governing NFTs, cryptocurrency, royalties, AI-generated content, and digital marketplaces are evolving. New laws or enforcement may affect the Service or your assets, including potentially classifying certain assets as securities, commodities, or other regulated instruments.
• Royalty enforcement. Creator royalties on Solana compressed NFTs are honored at the discretion of secondary marketplaces. Royalty payments are not protocol-enforced and should not be relied upon as guaranteed income.
• Beta / devnet status. The Service may operate on Solana devnet, testnet, or in beta during portions of its lifecycle. Devnet assets have no monetary value and may be reset by the network. Beta features may be unstable, change, or be removed.

9. No financial, investment, tax, or legal advice

Nothing on the Service constitutes investment, financial, tax, accounting, or legal advice. NFTs are not, and should not be construed as, securities, deposits, or investments offered by NFTvierge. We do not recommend, endorse, or guarantee any particular asset, transaction, or strategy. You are solely responsible for your decisions, your tax obligations, and any reporting required in your jurisdiction.

10. No fiduciary duty; no broker-dealer relationship

NFTvierge owes no fiduciary duty to any User. We are not a broker, dealer, investment adviser, money services business, custodian, exchange, clearinghouse, or transfer agent unless we have separately and explicitly registered as such in your jurisdiction. Your use of the Service does not create a partnership, joint venture, agency, employment, or franchise relationship.

11. Forward-looking statements; roadmap

Statements on the Service or in our marketing about future features, timelines, phases, integrations, or roadmap items ("Forward-Looking Statements") are aspirational and subject to change without notice. They are not promises, guarantees, or commitments and you must not rely on them when deciding to use the Service or purchase any asset.

12. Service modifications, suspension, and termination

We may, at any time and at our sole discretion: (a) modify, add, or remove features of the Service; (b) suspend, throttle, or pause portions of the Service for maintenance, security, legal, or operational reasons; (c) discontinue the Service in whole or in part; and (d) suspend or terminate any User's access for breach of these Terms, suspected fraud, abuse, sanctions risk, or for any other reason permitted by law. We will give reasonable notice when commercially practicable, but are under no obligation to do so.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless NFTvierge from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content or any content you mint, list, or distribute; (c) your violation of these Terms; (d) your violation of any law or any third-party right (including intellectual property, privacy, or publicity rights); (e) any tax obligation arising from your activity on the Service; and (f) any dispute between you and any other User or third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NFTVIERGE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NFTVIERGE DOES NOT WARRANT THAT (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) DEFECTS WILL BE CORRECTED; (c) THE SERVICE OR ANY SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (d) ANY CONTENT OR INFORMATION ON THE SERVICE IS ACCURATE, RELIABLE, OR COMPLETE; OR (e) THE SERVICE WILL MEET YOUR REQUIREMENTS.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NFTVIERGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS OPPORTUNITY, OR DIGITAL ASSETS (INCLUDING BUT NOT LIMITED TO LOSS OF NFTS OR CRYPTOCURRENCY), ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF NFTVIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NFTVIERGE'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE TOTAL PLATFORM FEES YOU ACTUALLY PAID TO NFTVIERGE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS (USD $100). MULTIPLE CLAIMS SHALL NOT EXPAND THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NFTVIERGE'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Assumption of risk

You expressly assume all risk arising from your use of the Service, including the risks described in Section 8. You waive any claim against NFTvierge for loss or damage you suffer that results from such risks, except to the extent such a waiver is prohibited by applicable law.

17. Dispute resolution; arbitration; class waiver

17.1 Informal resolution first

Before filing any formal claim, you agree to first send written notice of the dispute to legal@nftvierge.com describing the claim and remedy sought. The parties will attempt in good faith to resolve the dispute informally for sixty (60) days before either party may initiate formal proceedings.

17.2 Binding arbitration

Except for (a) small-claims-court actions and (b) claims for injunctive relief related to intellectual property infringement, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by a recognized arbitration body in the jurisdiction designated in Section 19, under its rules in effect at the time. The arbitrator's decision shall be final and may be enforced in any court of competent jurisdiction.

17.3 Class action waiver

YOU AND NFTVIERGE EACH WAIVE THE RIGHT TO HAVE ANY DISPUTE HEARD AS A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

17.4 Jury waiver

TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND NFTVIERGE EACH WAIVE THE RIGHT TO A JURY TRIAL.

17.5 30-day opt-out

You may opt out of Sections 17.2–17.4 by sending written notice to legal@nftvierge.com within thirty (30) days of first accepting these Terms. Your notice must include your wallet address and a clear statement that you are opting out of arbitration.

18. Time limit

Any claim or cause of action arising out of or related to the Service must be filed within one (1) year after the cause of action arose; otherwise, it is permanently barred, except where applicable law requires a longer period that cannot be waived.

19. Governing law; venue

These Terms are governed by the laws of the jurisdiction in which NFTvierge's operating entity is registered (the "Operating Jurisdiction"), without regard to conflict-of-law principles. Subject to Section 17, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the Operating Jurisdiction for any matter not subject to arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20. Force majeure

NFTvierge is not liable for any failure or delay in performance caused by conditions beyond our reasonable control, including blockchain network outages, forks or reorgs, validator misbehavior, smart-contract exploits, denial-of-service attacks, third-party API outages (including RPC, indexing, AI generation, marketplace, and storage providers), acts of God, war, terrorism, civil unrest, pandemic, government action, sanctions, embargoes, labor disputes, internet infrastructure failures, or power outages.

21. Notices and electronic communications

You consent to receive communications from us electronically — via the Service, in-app notifications, the wallet address you used to sign in, or the email address you provide. Electronic communications satisfy any legal requirement that communications be in writing. Notices to NFTvierge must be sent to legal@nftvierge.com.

22. Intellectual property infringement (DMCA-style notice)

If you believe content on the Service infringes your copyright or other intellectual property rights, send a notice to legal@nftvierge.com including: (a) identification of the work claimed to be infringed; (b) identification of the content on the Service you claim is infringing, with sufficient detail (e.g. URL or asset ID) for us to locate it; (c) your contact information; (d) a statement that you have a good-faith belief that use is unauthorized; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights holder; and (f) your physical or electronic signature. Misrepresentations may subject you to liability. We may forward valid notices to the implicated User and may remove or disable access to allegedly infringing content while a dispute is pending.

23. Anti-money-laundering; sanctions compliance

You represent that funds you use on the Service are not derived from, and will not be used to facilitate, money laundering, terrorist financing, sanctions evasion, or any other unlawful activity. We may, at our sole discretion and to the extent required or permitted by law, screen wallet addresses against sanctions and risk lists, refuse to provide Service to high-risk wallets, and cooperate with law enforcement and regulators, including by disclosing User information when required.

24. Tax

You are solely responsible for determining and paying any taxes (including income, capital gains, sales, value-added, or transaction taxes) that may apply to your activity on the Service. NFTvierge does not provide tax advice and may not collect, withhold, or remit taxes on your behalf except where explicitly required by applicable law.

25. Third-party services and links

The Service integrates with or links to third-party services (including blockchain networks, RPC providers, indexers, wallets, AI providers, storage providers, marketplaces, and notification services). We are not responsible for the availability, content, terms, privacy practices, or actions of any third party. Your use of third-party services is at your own risk and subject to those third parties' terms.

26. Beta features

Features explicitly labeled "beta", "preview", "test", "devnet", or similar are provided for evaluation purposes, may be unstable, may be modified or discontinued at any time, and may not be subject to the same service levels as generally available features. Use of beta features is at your own risk and any NFTs minted on devnet have no monetary value.

27. Feedback

If you provide feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant NFTvierge a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and exploit the Feedback for any purpose, without attribution or compensation.

28. Assignment

You may not assign, delegate, or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void. NFTvierge may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

29. No third-party beneficiaries

These Terms are for the sole benefit of you and NFTvierge. No other person or entity has any right to enforce these Terms or any provision hereof.

30. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be modified, severed; the remainder of these Terms will remain in full force and effect.

31. Waiver

A failure or delay by NFTvierge to enforce any right or provision of these Terms does not waive that right or provision. Any waiver must be in writing and signed by NFTvierge.

32. Survival

Sections that by their nature should survive termination — including, without limitation, ownership, indemnification, disclaimers, limitation of liability, dispute resolution, governing law, and these miscellaneous provisions — will survive termination of these Terms.

33. Entire agreement

These Terms, together with our Privacy Policy and any policies we expressly incorporate by reference (including collection-specific terms), constitute the entire agreement between you and NFTvierge with respect to the Service and supersede all prior or contemporaneous understandings.

34. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced in-app and on this page, and the "Last updated" date will be revised. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

35. Contact

Questions or notices? Email legal@nftvierge.com.