MBROS Gmbh - Remoi.art  (First edition - fullfilled on jne 01, 2024) released in Bern, 01 May 2024

1. Introduction
1.1 These terms and conditions (hereinafter referred to as the "Terms") govern your access to and use of the Remoi NFT marketplace (hereinafter referred to as the "Platform") provided by MBROS Gmbh, Moosrainweg 19 - 3053 - Münchenbuchsee, Bern - Switzerland - CH-035.4.016.056- located at www.remoi.art. By accessing or using the Platform, you agree to be bound by these Terms.
1.2 The Platform facilitates the creation, sale, purchase, and transfer of non-fungible tokens (NFTs), which are unique digital assets stored on a blockchain. These Terms apply to all users of the Platform, including creators, buyers, and sellers of NFTs.

2. Eligibility
2.1 By accessing or using the Platform, you represent and warrant that you are at least 18 years old and you have the legal capacity to enter into this agreement. If you are accessing the Platform on behalf of a company or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms.
2.2 Certain features of the Platform may be restricted based on geographic location or legal requirements. It is your responsibility to ensure that your use of the Platform complies with all applicable laws and regulations.

3. Account Registration
3.1 In order to access certain features of the Platform, you may be required to create an account and provide certain information, including your name, email address, and wallet address. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Use of the Platform
4.1 The Platform serves as a marketplace for the sale and purchase of NFTs. Creators may mint NFTs and list them for sale on the Platform, while buyers may purchase NFTs using cryptocurrency or other accepted payment methods.
4.2 Users are solely responsible for their interactions with other users on the Platform, including the purchase and sale of NFTs. Remoi does not endorse, guarantee, or assume any responsibility for the authenticity, quality, or legality of NFTs listed on the Platform.
4.3 Users may not use the Platform for any unlawful or unauthorized purpose, including but not limited to engaging in fraud, money laundering, or other illegal activities. Remoi reserves the right to suspend or terminate any user account that violates these Terms.

5. Intellectual Property Rights
5.1 All content and materials available on the Platform, including but not limited to text, graphics, logos, images, and software, are the property of Remoi or its licensors and are protected by copyright, trademark, and other intellectual property laws.
5.2 Users retain ownership of the intellectual property rights in the NFTs they create and list for sale on the Platform. By listing an NFT for sale on the Platform, users grant Remoi a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute the NFT for the purpose of facilitating transactions on the Platform.
5.3 Users may not use any trademarks, logos, or other proprietary information of Remoi without our prior written consent.

6. Fees and Payments
6.1 Remoi charge fees for certain services provided on the Platform. 2% commission is expected for each sale (charged to the seller) and a 4% subsequent commission to the author's advantage (also charged to the seller)."
6.2 Users agree to pay all fees and charges incurred in connection with their use of the Platform. Payments may be made using cryptocurrency or other accepted payment methods. All payments are final and non-refundable unless otherwise determined by Remoi.
6.3 Users are responsible for any taxes or duties associated with their use of the Platform, including but not limited to sales tax, value-added tax (VAT), or income tax. Users agree to indemnify and hold Remoi harmless from any claims or liabilities arising from their failure to pay such taxes.

7. Disclaimer of Warranties
7.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. REMOI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 REMOI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS AVAILABLE ON THE PLATFORM OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM. USE OF THE PLATFORM IS AT YOUR OWN RISK.

8. Limitation of Liability
8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REMOI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, WHETHER OR NOT REMOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 IN NO EVENT SHALL REMOI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO REMOI IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

9. Indemnification
9.1 You agree to indemnify, defend, and hold harmless Remoi and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Platform or your violation of these Terms.

10. Governing Law and Jurisdiction
10.1 These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. 10.2 Any dispute, controversy, or claim arising out of, or in relation to these Terms or the breach, termination, or invalidity thereof shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date of commencement of the arbitration.

11. Miscellaneous
11.1 These Terms constitute the entire agreement between you and Remoi regarding your use of the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and Remoi.
11.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be valid, legal, and enforceable to the fullest extent permitted by law.
11.3 Remoi's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
11.4 These Terms may be amended or updated by Remoi from time to time without notice. The most current version of these Terms will be posted on the Platform, and your continued use of the Platform after any changes to these Terms will constitute your acceptance of such changes.

Risks inherent in NFTs
NFTs are highly volatile assets. Their value depends on many factors. Their value is not guaranteed and can become zero. By purchasing NFTs, the user exposes itself to the risk of partial or total loss of the consideration paid for the respective NFT.

In addition, the resale or transfer of NFTs, in particular via third party marketplaces, is not guaranteed. Such resales or transfers may be subject to transaction fees (including gas fees) which vary in amount. This amount may be significant and may limit or prevent the resale or transfer of NFTs.
All transactions on NFTs are conducted through distributed ledger technology (DLT), which is an emerging technology that may involve risks such as, but not limited to, the
(a) any malfunction, vulnerability, unintended function or unexpected operation of the network may cause the user's NFTs to malfunction or operate unexpectedly or in an unintended way;
(b) the DLT network may be subject to specific weaknesses, which make them possible targets for specific cyber security threats;
(c) loss or theft of the means of access, in particular the private key to the user's digital wallet, or misuse of the digital wallet, may result in the loss of access to the user's NFTs and any function(s) related thereto;
(d) bugs or vulnerabilities in the NFTs, associated smart contracts or in their operation may result in the loss of access to the user's NFTs and any function(s) related thereto.
Any of the above may result in the NFTs becoming worthless or may temporarily or permanently prevent the user from reselling or transferring them or claiming any function(s) related to them.
These risks are to be borne by the users. Operator shall not be liable for any of these risks and any loss of value of the user's NFT and/or any functions related thereto.
The users shall be solely responsible for the secure storage of their digital wallet private keys. Operator shall not be liable for any damages related to (i) the user's digital wallet and its use or (ii) a resale of NFTs on a third party marketplace.

Risks related to regulatory changes
The regulatory regimes in the areas relating to NFTs, crypto-assets, crypto-currencies and blockchain-based services may be subject to rapid legislative and regulatory change which could impact your use of the NFT Platform and/or NFTs.
Operator shall not be liable for any consequences associated with legislative and regulatory developments applicable to the use of these new technologies.

MBROS Gmbh - Remoi.art 
June 01, 2024