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Terms and Conditions

Effective Date: June 11, 2025

Last Updated: July 24, 2025

These Terms and Conditions (the “Terms” or “Agreement”) govern your access to and use of the NFTake platform, which is operated by NFTake SIA, a limited liability company incorporated in the Republic of Latvia with its registered office at [insert address], and registered under company number [insert number] (“NFTake”, “we”, “our”, or “us”). These Terms constitute a legally binding agreement between you (referred to as “you” or “User”) and NFTake concerning your use of any and all services, interfaces, applications, content, smart contracts, tools, fiat payment integrations, blockchain features, and functionality provided via the domain https://nftake.com or related access points (collectively, the “Platform” or “Services”).

By accessing or using the Services, whether directly or through any third-party integrations, APIs, or smart contracts, you agree to comply with and be bound by these Terms. If you do not agree to these Terms in full, you may not access or use the Platform.

1. Definitions

For clarity, certain capitalized terms used throughout these Terms are defined as follows:

  • “NFT” (Non-Fungible Token) refers to a cryptographically unique blockchain-based token typically deployed using a smart contract protocol (e.g., ERC-721, ERC-1155) and representing ownership or licensing of digital content, assets, or access rights.
  • “Fiat Currency” refers to government-issued currency (e.g., Euro, USD, GBP) supported on the Platform via integrated fiat-to-crypto onramps and payment processors.
  • Maintain continuous transaction monitoring to identify and address suspicious activity;
  • “User Content” means all media files, metadata, intellectual property, smart contract parameters, or related assets minted, uploaded, listed, or sold through the Platform by Users.
  • “Wallet” refers to a self-hosted blockchain wallet (e.g., MetaMask) that supports interaction with the smart contracts deployed via the Platform.
  • “Payment Provider” refers to any licensed third-party entity or infrastructure facilitating the collection, processing, or conversion of fiat payments on behalf of Users for the purpose of acquiring NFTs on the Platform.
  • “Royalties” means the percentage of revenue embedded into a smart contract entitling Creators to a portion of the resale price of their NFTs.
  • “Transaction Fees” refers to fees imposed by NFTake or payment processors for each NFT sale, purchase, or fiat conversion conducted through the Platform.

2. Our Services

NFTake is a multi-currency NFT platform that allows individuals and organizations to mint, manage, list, promote, and trade non-fungible tokens (NFTs) on supported blockchain networks. NFTake is designed to be decentralized, but incorporates fiat payment capabilities to increase accessibility to digital asset ownership. The Platform is non-custodial in its handling of digital assets and does not take possession of, or exert control over, users’ NFTs or wallet keys. However, NFTake integrates directly with licensed fiat payment processors to facilitate EUR and other fiat-based purchases of NFTs through a secure checkout interface.

NFTake provides, among other features:

  • A web-based dashboard enabling the minting of NFTs using custom metadata, royalties, and optional unlockable content;
  • The ability to connect third-party wallets for listing NFTs or managing on-chain collections;
  • Integration with licensed fiat payment processors to allow NFT purchases with EUR and other supported fiat currencies;
  • A revenue model whereby 95% of proceeds from primary NFT sales go directly to the Creator’s wallet;
  • Secondary royalty configuration tools enabling programmable revenue splits for subsequent sales;
  • Exposure through curated drops, featured collections, and community spotlights;
  • In-app promotional tools and analytics to enhance NFT performance and engagement;
  • Optional API and smart contract integrations for verified Creators and Partners.

NFTake is not a bank, exchange, broker-dealer, or licensed financial service provider. While we facilitate the interface for transactions between buyers and sellers, all NFT sales constitute peer-to-peer transactions either on-chain or through licensed fiat partners. NFTake assumes no responsibility for the accuracy, legality, licensing, or value of any NFT minted or listed by users.

3. User Eligibility and Account Access

You may use the Services only if you satisfy all of the following requirements at the time of access:

  • You are a natural person who is at least 18 years old and have the full legal capacity to enter into binding contracts under the law of your jurisdiction;
  • You are not accessing the Services from, or on behalf of, an individual or entity in a jurisdiction subject to sanctions or export controls imposed by the United Nations, European Union, United States (including OFAC), or other competent authorities;
  • You are not listed on any international or national sanctions list, watchlist, or registry of prohibited persons or entities;
  • You are not engaging in prohibited conduct under these Terms or local law, including fraudulent use of payment systems or the unauthorized use of third-party content;
  • You are using the Services for lawful, personal, or commercial purposes, and not in violation of intellectual property rights, tax laws, AML/CTF laws, or consumer protection regulations.

NFTake may, in its sole discretion, block, suspend, or restrict access from any IP address, wallet, payment source, or region that is believed to be in violation of eligibility requirements or presents elevated compliance, legal, or reputational risk.

4. Wallet and Fiat Payment Integration

Users may access NFTake Services by connecting a supported non-custodial wallet or, where offered, by initiating a fiat purchase using an approved third-party payment provider. Wallet connections are authenticated via cryptographic signature; no email/password login is required unless the Platform offers optional hybrid login methods.

You understand and acknowledge that:

  • NFTake does not store or access your private keys, recovery phrases, or wallet credentials;
  • You are solely responsible for securing access to your wallet, regardless of the interface or device used;
  • Wallet transactions are broadcast directly to public blockchain networks and are irreversible once confirmed;
  • Fiat payments are processed by licensed financial intermediaries, and NFTake is not liable for delays, failures, or reversals due to credit card rejections, KYC rejections, bank decline codes, or card network rules;
  • You may be required to complete identity verification (KYC) before using certain fiat features, pursuant to the policies of our payment partners;
  • NFTake may receive transaction confirmations or payment callbacks from fiat processors, but does not collect or store cardholder data, banking information, or other sensitive payment credentials.

Where a fiat-based NFT purchase is made, the corresponding NFT is delivered to your wallet once full payment is received and confirmed by the fiat processor. NFTake does not guarantee delivery timelines and is not responsible for fiat payment errors, chargebacks, or regulatory holds.

5. Revenue Model, Platform Fees, and Taxes

NFTake operates on a transparent and standardized revenue share model in which Creators receive 95% of primary NFT sale proceeds and NFTake retains a 5% platform fee. This model applies to both crypto-based and fiat-based sales, subject to conversion and processing fees that may be separately charged by third-party payment processors or blockchain networks.

You acknowledge and agree to the following:

  • Blockchain transactions may be subject to variable gas fees, which are paid directly to the network validators and not collected by NFTake;
  • Fiat payments may include processing fees or foreign exchange fees imposed by third-party providers or your financial institution;
  • NFTake does not offer refunds on successful NFT transactions;
  • Platform fees are disclosed prior to purchase and are non-refundable once a transaction is confirmed;
  • All taxes arising from your use of the Services, including but not limited to value-added tax (VAT), income tax, capital gains tax, or self-employment tax, are your sole responsibility;
  • NFTake does not issue tax forms, withhold taxes on your behalf, or report your activity to tax authorities unless required by law;
  • You are advised to consult with independent tax professionals regarding your obligations related to NFT sales, royalties, and crypto-to-fiat transactions.

NFTake reserves the right to update fee structures and royalty models at any time upon at least 14 days’ notice, which will be delivered via update to these Terms and/or prominent notice on the Platform.

6. Intellectual Property Rights and Content Licensing

You retain full ownership and intellectual property rights to the original creative work (“NFT Content”) that you mint, upload, or link to any NFT using the Platform, provided you are the lawful rights holder or have obtained all necessary permissions, licenses, and consents. However, by minting, listing, or uploading any NFT Content via NFTake, you hereby grant NFTake a perpetual, worldwide, royalty-free, sublicensable, and non-exclusive license to use, reproduce, display, publish, transmit, distribute, and otherwise exploit such NFT Content in connection with:

  • The operation, promotion, and improvement of the Platform;
  • Social media marketing, promotional campaigns, and creator spotlights;
  • Inclusion in any featured collections, drop pages, or community events;
  • Creating thumbnails, metadata previews, or media embeds for users or search engines;
  • Public communication, research, archival, or internal analytics purposes.

You warrant that your NFT Content:

  • Is your original work or is licensed appropriately for the intended use;
  • Does not infringe any third party’s copyright, trademark, moral rights, publicity rights, or privacy rights;
  • Does not contain material that is defamatory, pornographic, unlawful, discriminatory, or misleading;
  • Complies with all applicable local and international IP laws and content regulations.

NFTake does not act as an arbiter of intellectual property disputes. We may, at our discretion, remove content in response to takedown requests or court orders, and reserve the right to suspend or permanently restrict access for repeat infringers or users involved in unauthorized use of copyrighted material.

7. Acceptable Use and Platform Integrity

You agree to use the Platform solely for lawful purposes and in a manner consistent with these Terms and applicable regulations. You shall not, under any circumstances, directly or indirectly engage in any of the following prohibited activities:

  • Uploading, minting, listing, or linking NFTs that contain illegal content, stolen assets, unauthorized copyrighted material, hate speech, deepfakes, or personal identifying information (PII) without consent;
  • Creating misleading listings, counterfeit NFTs, or conducting wash trading, price manipulation, or coordinated shilling;
  • Attempting to artificially inflate the value, price, or popularity of an NFT, creator, or collection through automated bidding, self-trading, or other deceptive tactics;
  • Circumventing access controls, rate limits, or using automated scripts, bots, or scrapers without prior authorization from NFTake;
  • Transmitting malware, phishing attempts, denial-of-service attacks, or otherwise interfering with the normal operation of the Platform;
  • Using NFTs to represent securities, profit-sharing agreements, tokenized debt, or fractionalized ownership in real-world assets in violation of applicable securities laws;
  • Using the Platform in connection with unlawful fundraising activities, money laundering, terrorism financing, or sanctioned persons/entities.

NFTake reserves the right to investigate any activity that may constitute a breach of these Terms, and to take any appropriate enforcement action, including reporting to law enforcement, freezing access, or initiating legal proceedings.

8. Risk Disclosure and Assumption of Risk

By using the Platform, you expressly acknowledge and agree that engaging in NFT minting, trading, and transacting—whether with cryptocurrency or fiat currency—carries significant inherent risks, including without limitation:

  • Volatility: NFT valuations are highly speculative, subjective, and unregulated. Prices may fluctuate drastically and suddenly, and there is no guarantee of resale, liquidity, or appreciation;
  • Smart Contract Risk: NFTs minted or listed on the Platform may be governed by smart contracts outside NFTake’s control. Bugs, exploits, or faulty logic may cause permanent loss of NFTs, funds, or metadata;
  • Regulatory Uncertainty: Laws governing digital assets, NFTs, and smart contracts are evolving. Future regulatory changes may impact your ability to hold, transfer, or sell NFTs acquired via the Platform;
  • Wallet and Custody Risk: You are solely responsible for maintaining access to your wallet. NFTake cannot recover lost NFTs due to lost seed phrases, unauthorized transfers, or malware infections;
  • Fiat Payment Risk: Payments processed by third parties are subject to card network rules, compliance screenings, bank limitations, and may be subject to dispute, delay, or cancellation without notice;
  • Fraud and Counterfeit Risk: NFTake does not guarantee the authenticity of any content listed on the Platform. It is your responsibility to perform due diligence before purchasing any NFT.

You agree to assume full responsibility for these and all other risks associated with using the Platform and waive any claim against NFTake arising out of any loss, delay, fraud, misrepresentation, or transaction failure.

9. Royalties, Rewards, and Promotions

NFTake allows Creators to define Royalties at the time of minting, subject to the technical capabilities of the underlying blockchain. You acknowledge and agree that:

  • Royalties are embedded in smart contracts and are automatically distributed upon secondary sale if supported by the receiving marketplace or wallet;
  • NFTake does not collect or enforce off-platform royalties and cannot guarantee royalty execution if assets are traded elsewhere;
  • NFTake may, from time to time, offer reward points, promotional credits, giveaways, or community incentives;
  • Rewards have no intrinsic or fiat value, are not transferable or redeemable for cash, and may be changed, suspended, or terminated at NFTake’s sole discretion;
  • Misuse of promotional features, including fraudulent sign-ups, referral abuse, or exploit attempts, may result in disqualification, suspension, or banning.

You must comply with all published program rules, eligibility requirements, and deadlines to receive or redeem promotional benefits.

10. Termination of Access

NFTake reserves the right to suspend, restrict, or terminate your access to the Services, your account, listings, wallet integration, or use of any Platform features, at any time, without prior notice, for any of the following reasons:

  • Breach or suspected breach of these Terms;
  • Violation of any applicable law, regulation, or third-party rights;
  • Engagement in prohibited or abusive conduct;
  • Receipt of a valid legal request or injunction;
  • Technical failure, security risk, or suspected account compromise;
  • Failure to pass identity verification or due diligence as required by a fiat partner or regulatory body.

Upon termination, all rights granted to you under this Agreement shall cease, and NFTake may, at its discretion, remove your User Content from public access. Termination does not limit any other remedy NFTake may have under applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless NFTake, its officers, directors, employees, affiliates, contractors, and service providers from and against any claims, damages, liabilities, costs, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use or misuse of the Platform;
  • Your User Content or NFTs minted or listed via the Platform;
  • Your breach of these Terms or any representations and warranties made herein;
  • Your violation of any applicable law, rule, or regulation;
  • Any third-party claim alleging infringement of intellectual property or other rights.

This indemnity obligation shall survive the termination of this Agreement.

12. Limitation of Liability

To the maximum extent permitted under applicable law, NFTake shall not be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages, including but not limited to:

  • Loss of profits, business opportunities, goodwill, data, or NFTs;
  • Security breaches, wallet hacks, or smart contract failures;
  • Errors in fiat payment processing or delayed delivery of NFTs;
  • Downtime, bugs, software malfunctions, or service interruptions;
  • Actions of third-party wallets, marketplaces, or fiat processors.

In no event shall NFTake’s aggregate liability to you exceed the lesser of (a) €100 or (b) the amount of Transaction Fees paid by you in the twelve (12) months preceding the claim. Some jurisdictions do not permit limitations of liability, so this clause may not apply in full to you.

13. Jurisdiction and Dispute Resolution

This Agreement is governed by and shall be construed in accordance with the laws of the Republic of Latvia, without regard to its conflict of law rules. You agree that any dispute, controversy, or claim arising out of or relating to these Terms shall first be resolved through good-faith negotiation. If no resolution is reached within 60 days, the matter shall be submitted to binding arbitration administered by a recognized arbitral institution seated in Riga, Latvia.

You agree to waive any right to participate in class actions, representative proceedings, or jury trials. Arbitration shall be conducted in English by a single arbitrator with expertise in digital asset or commercial technology law.

14. Data Protection and Privacy

NFTake complies with the General Data Protection Regulation (EU 2016/679) (“GDPR”) and any applicable Latvian data protection laws. For details on how we collect, store, process, and share personal data, please refer to our Privacy Policy. By using the Services, you consent to the processing of your data in accordance with that policy.

15. Language and Interpretation

These Terms are written in English. Any translated versions are provided for convenience only. In the event of conflict between the English version and a translation, the English version shall prevail.

16. Force Majeure

NFTake shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, cyberattacks, governmental actions, war, terrorism, labor disputes, or failures of third-party infrastructure, blockchain networks, or payment processors.

17. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable under applicable law, that provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

18. Assignment

You may not assign or transfer these Terms, in whole or in part, without prior written consent from NFTake. Any attempt to do so will be void. NFTake may freely assign these Terms and its rights and obligations without restriction or notice.

19. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and any supplemental guidelines, constitute the entire agreement between you and NFTake with respect to the Services and supersede all prior oral or written understandings, communications, or agreements.

20. Contact

For questions, legal inquiries, or to submit complaints or notices:

Email: [email protected]

These Terms were last updated on July 24, 2025. Continued use of the Services constitutes acceptance of any updates.