This User Agreement ("Agreement") constitutes a legally binding contract between you ("User", "You", or "Your") and MagicNFT Technologies Limited ("MagicNFT", "we", "us", or "our"), a company incorporated under the laws of the British Virgin Islands, governing your access to and use of the MagicNFT Platform, including the website (https://www.magicnft.xyz), the Magic NFT mobile application, and associated blockchain-based services (collectively, the "Platform"). By accessing or utilizing the Platform, you irrevocably agree to be bound by this Agreement, our Privacy Policy, and any referenced terms or conditions. If you do not agree to these terms, you must immediately cease use of the Platform.
1. Acceptance of Terms
1.1 By creating an account, engaging in Digital Collection Trading, participating in USDT Staking Mining, or utilizing any services on the Platform, you affirm your acceptance of this Agreement in its entirety.
1.2 If you are acting on behalf of a corporation, partnership, or other legal entity, you represent and warrant that you have the legal authority to bind such entity to this Agreement.
1.3 MagicNFT reserves the right to amend this Agreement at its sole discretion by posting an updated version on the Platform. Your continued use of the Platform following such amendments constitutes your acceptance of the revised terms.
2. Eligibility
2.1 To access the Platform, you must:
Be at least 18 years of age or the age of legal majority in your jurisdiction;
Not be restricted by applicable laws or regulations from engaging in transactions involving non-fungible tokens (NFTs), cryptocurrencies, or blockchain-based services;
Provide accurate, complete, and current information as required for account registration and compliance with Know Your Client (KYC) and Anti-Money Laundering (AML) regulations.
2.2 MagicNFT may refuse service or terminate access to users who fail to meet eligibility criteria or violate applicable laws.
3. Platform Services
3.1 The Platform is an AI-driven NFT Investment Platform facilitating:
Digital Collection Trading via an AI Centralized Quotation Matching Mechanism for transparent and efficient transactions;
USDT Staking Mining and NFT Dividend System for passive income generation through the NFT Reward Mechanism;
NFT Wallet Management for secure storage and transfer of digital assets;
Community Governance through a Decentralized Autonomous Organization (DAO), enabling participation by the MagicNFT Community;
Global Accessibility, supporting users in MagicNFT India, Pakistan, and other global markets for Web3 Entrepreneurs and Digital Art Collectors.
3.2 Services are provided on an "as-is" and "as-available" basis, subject to the limitations and risks outlined herein.
4. User Obligations
4.1 Account Security: You are solely responsible for safeguarding your account credentials, private keys, and wallet seed phrases. MagicNFT shall not be liable for any losses arising from unauthorized access or compromised security.
4.2 Compliance with Laws: You agree to comply with all applicable local, national, and international laws, including tax, securities, and financial regulations, and to refrain from engaging in prohibited activities such as fraud, money laundering, or terrorist financing.
4.3 Content Ownership: If you create, upload, or trade NFTs or other content, you warrant that you own or have obtained all necessary intellectual property rights and that such content does not infringe upon third-party rights.
4.4 Prohibited Conduct: You shall not use the Platform to:
Engage in manipulative trading practices or market abuse;
Distribute malware or engage in cyberattacks;
Violate intellectual property or privacy rights;
Access the Platform from jurisdictions where it is prohibited.
5. Intellectual Property
5.1 All content on the Platform, including but not limited to software, logos, trademarks, and designs, is owned by MagicNFT or its licensors and protected by intellectual property laws.
5.2 You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for its intended purposes, subject to compliance with this Agreement.
5.3 Ownership of NFTs purchased or created on the Platform is governed by the specific licensing terms associated with each NFT, as disclosed at the point of transaction.
6. Risks and Disclaimers
6.1 Market Risks: NFTs and cryptocurrencies are inherently volatile, and their value may fluctuate significantly, potentially resulting in substantial or total loss. You acknowledge and assume all financial risks associated with Platform use.
6.2 No Refunds: All transactions, including NFT purchases, staking contributions, and associated fees, are final and non-refundable, except as required by applicable law.
6.3 Third-Party Dependencies: The Platform relies on third-party services, including blockchain networks and external wallets (e.g., MetaMask). MagicNFT is not responsible for disruptions, delays, or failures caused by such services.
6.4 Regulatory Uncertainty: Changes in laws or regulations may adversely affect your ability to use the Platform or the legality of certain services.
6.5 MagicNFT makes no warranties, express or implied, regarding the Platform’s performance, availability, or fitness for a particular purpose.
7. Termination and Suspension
7.1 MagicNFT may, at its sole discretion, suspend or terminate your access to the Platform for:
Breach of this Agreement;
Suspected illegal or fraudulent activity;
Failure to comply with KYC/AML requirements;
Conduct that harms the Platform or other users.
7.2 Upon termination, your account access will be revoked, but obligations related to intellectual property, confidentiality, and dispute resolution shall survive.
7.3 You may terminate your account by contacting us at info@magicnft.xyz, subject to settling any outstanding obligations.
8. Dispute Resolution
8.1 This Agreement is governed by the laws of Singapore, without regard to conflict of law principles.
8.2 Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its Arbitration Rules.
8.3 The arbitration shall be conducted in English, with a single arbitrator, in Singapore.
8.4 You waive any right to participate in class actions, class arbitrations, or representative proceedings.
9. Limitation of Liability
9.1 To the maximum extent permitted by law, MagicNFT, its affiliates, directors, employees, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or digital assets, arising from your use of the Platform.
9.2 Our aggregate liability shall not exceed the total fees paid by you for the specific service giving rise to the claim in the preceding six (6) months.
9.3 You agree to indemnify and hold harmless MagicNFT from any claims, losses, or damages arising from your breach of this Agreement or misuse of the Platform.
10. Miscellaneous
10.1 Entire Agreement: This Agreement, together with the Privacy Policy and any referenced terms, constitutes the entire agreement between you and MagicNFT.
10.2 Severability: If any provision of this Agreement is deemed invalid, the remaining provisions shall remain in full force and effect.
10.3 Force Majeure: MagicNFT shall not be liable for delays or failures due to events beyond our reasonable control, including blockchain network failures or regulatory changes.
10.4 Contact: For inquiries or notices, contact us at info@magicnft.xyz or:
MagicNFT Technologies Limited Unit 8, 3/F Qwomar Trading Complex, Blackburne Road, Road Town, Tortola, British Virgin Islands
By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by this Agreement.