Terms of Service

1. Use of App

1.1. Subject to these Terms, Revelator allows you to access and use the App on a non-exclusive basis for your own or your Company's use. 

1.2. Use of and access to the App is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old, and have the ability to form a binding contract; (d) your use of the App does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the App. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company. The right to access the App is revoked where these Terms or use of the App is prohibited.

2. Account Registration

2.1. You can access the App without registration; however, to use the Service, you will need to have a registered account ("Account"). You can register by logging in through your Facebook, Gmail or other third-party login account ("Login Account") as may be permitted by us from time to time. By registering through a Login Account you represent and warrant that such Login Account is yours and that you have full rights to use the Login Account in connection with the App. To complete the registration process, you must provide all (additional) registration information that we request. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Service. Subject to applicable law, we may refuse to open an account for any individual or entity at its sole discretion.

2.2. You agree to notify us immediately of any unauthorized use of your Account. You are solely responsible for the security of your mobile device and all activity on your Account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, we will not be liable for any losses or damage arising from unauthorized use of your Account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Account and/or App.

3. Termination of Account

3.1. Revelator may suspend or terminate your Account at any time by providing three (3) days' prior notice. In addition, Revelator may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of Revelator; or (iii) failure to make payment in accordance with the terms specified herein, including use of your chargeback rights with your credit card company or denial or dispute of any preapproval obtained by Revelator from your credit card company. If your Account is terminated, you may not rejoin the App without permission. Revelator may modify or discontinue the App for all users at any time, provided, however, that such changes will not apply to outstanding purchases (as applicable). Upon termination of your Account, you shall not have any further access to any content or materials that may be available through your Account.

3.2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the App. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the App. 

3.3. You may request termination of your account at any time by sending an email to [email protected]. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

4. Marketplace/Wallet

4.1. Revelator owns and operates a digital collectibles marketplace (the “Marketplace”) where registered users can purchase (“Acquire“) and/or sell (“Transfer“) Digital Assets.  

4.2. The App allows for the use of a non-custodial wallet (the “Wallet”) for purchase and sale of Digital Assets in the Marketplace, meaning you are solely in control of and responsible for your Digital Assets and your Wallet. You independently authorize all transactions involving your Wallet. You expressly acknowledge and agree that as the Wallet is a non-custodial, you are solely responsible for your activity and any risk of loss at all times.

4.2.1. The Wallet allows you to:

4.2.1.1. generate wallet addresses and associated private keys that you may use to store, Acquire and Transfer Digital Assets; and

4.2.1.2. Acquire and Transfer Digital Assets through the Marketplace;

4.3. Wallet Address, Private Key, and Backup Capabilities. An encrypted backup of certain information associated with your Wallet can be stored on eligible devices. The private key is associated with the Wallet address and, together, they can be used to authorize the Transfer of Digital Assets to and from that Wallet address. You are solely responsible for the retention and security of your private key and any mnemonic phrase (“Secret Phrase”) associated with your Wallet. You must keep your Wallet address, Secret Phrase, and private key access information secure. It is very important that you backup your private keys, backup phrases or passwords. Failure to do so may result in the loss of control of Digital Assets associated with your Wallet. You acknowledge and agree that we do not receive or store your Wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your Wallet. We cannot generate a new password for your Wallet if you fail to remember your original password. If you have not safely stored a backup of any Wallet address and private key pairs maintained in your Wallet, you accept and acknowledge that any Digital Assets you have associated with such Wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your Wallet for any reason including without limitation your failure to keep your Wallet address, Secret Phrase and private key information secure.

4.4. Buy Digital Assets with Supported Credit or Debit Cards. If you use your Wallet to purchase Digital Assets with your credit or debit card, a third party will convert your chosen amount into the applicable Digital Asset and credit it to your Wallet. You acknowledge and agree that: (i) we are not responsible for your use of such third party service and shall have no liability whatsoever in connection with your use of such service; (ii) you will be subject to any terms and conditions imposed by the relevant third party service provider; (iii) we have no ability to change, withdraw or cancel any conversion requests you place; (iv) we are not responsible for any exchange rates offered by the relevant third party service provider(s); and (v) we are not responsible for any fees charged by the relevant third party service provider(s) or your bank or credit card issuer(s).

4.5. Wallet Registration and Security. You must either import or create a Wallet in order to use the Marketplace. When you create a Wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorized use of your private key or any other breach of security of your Wallet. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key. When you create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your Wallet. Suggested measures include, but are not limited to, the following: (a) creating a strong unique password that you do not use for any other purpose (i.e. different to your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication if available; (b) do not store the private key and Secret Phrase in plain text online or in an unsecured physical location; (c) limiting access to your devices and your wallet; (d) taking all necessary precautions against malware on your devices and networks; and (e) promptly notifying us if you discover or otherwise suspect any security breaches related to your wallet. Notwithstanding anything to the contrary herein, we shall have no liability whatsoever in connection with activities that occur on your Wallet with or without your authorization.

4.6. Payment and Fees. Fees applicable to the Marketplace or the Services, if any, shall be set forth in the App.

4.7. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Marketplace, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Digital Asset-related transactions. 

5. Use Restrictions.

You may not do or attempt to do or facilitate a thirdparty in doing any of the following: (1) decipher, decompile, disassemble, orreverse-engineer any of the software and/or code, if and as applicable, used toprovide the App without our prior written authorization, including framing ormirroring any part of the App; (2) circumvent, disable, or otherwise interferewith security-related features of the App; (3) use the App thereon inconnection with any commercial endeavors in any manner, except for the purposesspecifically set forth in these Terms; (4) use any robot, spider, site searchor retrieval application, or any other manual or automatic device or process toretrieve, index, data-mine, or in any way reproduce or circumvent thenavigational structure or presentation of the App; (5) use or access anotheruser's Account without permission; (6) use the App or content thereon in anymanner not permitted by these Terms or applicable law, including all applicableexport laws and regulations to (re)export the App and/or any related materialsin violation of such laws.

6. Intellectual Property

6.1. Revelator or its licensors, as the case may be, have all right, title, and interest in the App, Service, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the App for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or the App should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Revelator or any third party. If you provide Revelator with any feedback regarding the App, Revelator may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

6.2. For the avoidance of doubt, Revelator will retain all intellectual property rights in and to any technology and/or know-how related to the Marketplace and any enhancements, revisions, derivatives and modifications thereto and any intellectual property rights therein, as well as any generic know-how.

7. Copyright

7.1. Revelator’s policy is not to infringe upon or violate the intellectual property rights or other rights of any third party. Revelator will refuse to use and will remove any user content (including any NFT) provided that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 ("DMCA"), Revelator will remove any user content if properly notified that such material infringes third party rights and may do so at its sole discretion and at any time, without prior notice to users. Revelator’s policy is to terminate the Accounts of repeat infringers in appropriate circumstances.

7.2. You are in the best position to judge whether user content is in violation of intellectual property or personal rights of any third party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with user content.

7.3. If you believe that something appearing on the App infringes your copyright, you may send us a notice requesting that we remove or block access to it. If you believe that such a notice has been wrongly filed against you, the DMCA allows you to send us a counter-notice. Notices and counter-notices must meet the DMCA's requirements. We suggest consulting with your legal advisor before filing a notice or counter-notice. Note that there can be substantial penalties for false claims. Notices and counter-notices can be sent to us at [by submitting a copyright violation form at https://helpdesk.revelator.com/a/solutions/articles/69000818247

8. Disclaimers and Disclaimer of Warranty

8.1. All information and content on the App are for informational purposes only and Revelator provides no guarantees with respect thereto. Your use of the App is at your sole discretion and risk. The App and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.

8.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP OR ANY CONTENT THEREON (INCLUDING ANY NFT), INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APP; (II) THAT THE APP WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.

8.3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

8.4. You acknowledge and agree that Revelator is not a data retention service. You therefore must create backups of your data, and Revelator shall have no responsibility or liability in respect of any loss of, damage to, or corruption of any such data.

8.5. CERTAIN SERVICES REQUIRE THIRD PARTY SERVICES (INCLUDING USE OF YOUR WALLET); COMPANY WILL NOT BE LIABLE FOR ANY NON-PERFORMANCE OR BREACH ARISING OUT OF SUCH THIRD PARTY SERVICES' ERROR OR UNAVAILABILITY.

8.6. THE REGULATORY REGIME GOVERNING BLOCKCHAIN TECHNOLOGIES, NON-FUNGIBLE TOKENS, CRYPTOCURRENCY, AND OTHER CRYPTO-BASED ITEMS IS UNCERTAIN, A LACK OF USE OR PUBLIC INTEREST AND NEW REGULATIONS OR POLICIES MAY MATERIALLY ADVERSELY AFFECT THE PROVISION OF THE APP, THE MARKETPLACE AND THE UTILITY OF NFTS; REVELATOR WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY SUCH EFFECTS, INCLUDING SUCH EFFECTS RENDERING THE APP, THE MARKETPLACE AND/OR NFTS, AS PROVIDED, UNLAWFUL.

9. Limitation of Liability

9.1. Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Service. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the App. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the App. In addition, we assume no responsibility for any incorrect data, including personal data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Revelator, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

9.2. IN NO EVENT SHALL REVELATOR, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR THE MARKETPLACE, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AND/OR ANY NFT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER REVELATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE HIGHER OF: (A) US$ 50, AND (B) THE AMOUNTS OF FEES RECEIVED BY REVELATOR FOR ITS SERVICES EXCLUSIVELY RELATING TO THE NFTS SUBJECT OF THE CLAIM.

10. Indemnification.

You agree to indemnify, defend, and hold harmless Revelator, its affiliates, and its/their respective employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your Account and/or Wallet and/or mobile device, password (whether authorized or unauthorized); (b) use or misuse of your Wallet and/or  or acts or omissions of the provider of your Wallet; (c) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the App and/or the Marketplace; (d) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (e) your infringement of any right of any third party; and (f) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.

11. Third-Party Content.

The App and Marketplace may provide you with third-party links to websites, applications, and services. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and applications or for the privacy policies of such third parties. We do not endorse any products offered by third parties and we urge our users to exercise caution in using third-party websites or applications.

12. Notices.

Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.

13. Miscellaneous.

These Terms shall be governed solely by the laws of the State of Delaware, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Delaware shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Revelator or enables you to act on behalf of Revelator. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.