Updated: 01. September 2022.

introduction

Welcome to Qoomed, which is operated by Qoomed Unipessoal LDA. These Terms of Service ("Terms") govern your access to and use of the Qoomed website(s), our APIs, mobile app (the "App") and any other software, tools, features or functionality provided on or in connection with our Services; including, but not limited to, using our Services to view, explore and create NFTs and use our tools at your sole discretion to connect directly with others to buy, sell or transfer NFTs on public blockchains (collectively, the "Service"). "NFT" in these Terms means a non-fungible token or similar digital element implemented on the Blockchain (such as the Binance Blockchain) that uses Smart Contracts to connect to or otherwise be associated with specific content or data. For the purposes of these Terms, "User", "you" and "your" means you as a user of the Service. If you are using the Service on behalf of a company or other entity, "you" includes you and that entity, and you represent and warrant that (a) you are an authorised representative of the entity with authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN MATERIAL INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS SET FORTH IN SECTION 16 BELOW, THEY CONTAIN A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES (WITH LIMITED EXCEPTIONS) THAT ALL DISPUTES BETWEEN US BE RESOLVED BY INDIVIDUAL ARBITRATION AND NOT BY A JUDGE OR JURY IN COURT. BY CLICKING TO ACCEPT AND/OR USE OUR SERVICE, YOU AGREE TO THESE TERMS AND ALL CONDITIONS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICE. Qoomed is not a wallet provider, stock exchange, broker, financial institution, money services company or creditor. Qoomed provides a peer-to-peer service on the web that helps users find and directly interact with NFTs available on the public blockchains. We do not oversee or control the NFTs or blockchains with which you interact, nor do we buy, transfer or sell NFTs. To use our service, you must use a third-party wallet that allows you to transact on blockchains. Qoomed is not party to any of the agreements between users. You are responsible for verifying the identity, legitimacy, and authenticity of any NFTs you purchase through the Third Party Service, and we make no claims as to the identity, legitimacy, functionality, or authenticity of any user or NFT (and any associated with such NFTs Associated Content) visible on the Service. As we offer an increasing number of Services, we sometimes need to provide additional terms for certain Services (and such Services are considered part of the "Service" hereunder and are also subject to these Terms). Those additional terms, which are available with the relevant Service, then become part of your agreement with us when you use those Services. If there is any conflict between these Terms and the additional terms that we make available for a specific service, those additional terms will control for that specific service. Qoomed reserves the right, at its sole discretion, to change or modify these Terms of Use at any time. If we make material changes to these Terms, we will use reasonable efforts to provide notice of those changes, e.g. B. by providing a notification through the Service or by updating the "Last Updated" date at the top of these Terms. By continuing to access or use the Service, you confirm that you accept the modified Terms and all terms incorporated herein by reference as of the date these Terms are updated. It is your sole obligation to review the Terms from time to time to view any such changes and to ensure you understand the terms that apply to your access to or use of the Service.2. Access to the Service Like most of Web3, your blockchain address acts as your identity on Qoomed. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the Service (“Account”) will be associated with your blockchain address; however, if you want to add some flair to your Qoomed personality, you can add additional information such as Profile picture to your Account. Your Account on Qoomed will be associated with your linked blockchain address and will display NFTs (and any content associated with such NFTs, if any) for that blockchain address. By using your wallet in connection with the Service, you agree to use that wallet under the terms and conditions of the applicable wallet provider. Wallets are not owned, operated by, or affiliated with Qoomed, and Qoomed has no oversight or control over the contents of your wallet and has no ability to receive or transfer its contents. Qoomed assumes no responsibility or liability to you in connection with your use of a wallet and makes no representations or warranties as to how the Service will work with any particular wallet. You are solely responsible for keeping your wallet safe and you should never share your wallet credentials or seed phrase with anyone. If you notice a problem with your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and associated wallets, and we are not responsible for any action or omission by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to notify us immediately if you discover or otherwise suspect any security issue with the Service or your Account. You further represent and warrant that you will comply with all applicable laws (for example, local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that (a) you do not reside, normally reside, or are subject to the laws of any jurisdiction subject to an extensive European or US Government embargo ("Embargoed Jurisdiction"). "); (b) you are not subject to any sanctions (collectively, "Sanctions") imposed by an agency of Government a, another government, or the United Nations; (c) directly or indirectly subject to Sanctions or located in any Embargoed Jurisdiction; or you are not normally resident or under the control of any person regulated under these Laws; (d) none of your officers, directors, directors, shareholders or authorized representatives are directly or indirectly subject to Sanctions or are located or normally resident in any Embargoed Jurisdiction is not owned or controlled, directly or indirectly, by any person who is subject to sanctions, or is in or normally resident in any Embargoed Jurisdiction, or is regulated under its laws. You undertake that it will be valid for the entire period. If you use the Service from or in Europe, you are solely responsible for ensuring that your access to and use of the Service in that country, region or jurisdiction does not violate applicable law. Qoomed may require you to provide additional information and documentation in certain circumstances, such as at the request of any government authority, as required by any applicable law or regulation, or to investigate a possible violation of these Terms. In such cases, Qoomed, in its sole discretion, may disable your Account and block your access to the Service until such additional information and documents are processed by Qoomed. If you do not provide complete and accurate information in response to such a request, Qoomed may refuse to restore your access to the Service. Your access to and use of the Service may be interrupted from time to time for a variety of reasons, including but not limited to equipment malfunction, periodic updating, maintenance or repair of the Service, or other actions taken by Qoomed in its sole discretion. may choose to receive. You agree that Qoomed may deactivate your Account or reassign your username or associated URL if your Account is inactive for six months or more, as determined in its sole discretion. We require all users to be at least 18 years old. without limitation, the Qoomed logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Qoomed or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works. Qoomed's name, logo, trademarks, and any Qoomed product or service names, designs, logos, and slogans are the intellectual property of Qoomed or our affiliates or licenses and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Qoomed” or any other name, trademark or product or service name of Qoomed or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Qoomed and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with any NFTs displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Qoomed. We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Qoomed may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Qoomed any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right ) that you may have in and to any and all Feedback.

4. License to Access and Use Our Service and Content

You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and right to download a single copy of the App onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.

5. User Conduct

Openness is one of our most prized values, and we're committed to providing people from all walks of life and varying experience levels with web3 with a colorful lens into different blockchains. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view certain NFTs on the Service or use our Service to interact with the NFTs; disabling the ability to use the Service in conjunction with buying/selling/transferring NFTs available on blockchains; disabling your ability to access our Service; and/or other actions. You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not: • Use or attempt to use another user's Account without authorization from such user; • Pose as another person or entity, or use a wallet to engage in a transaction on Qoomed that is owned or controlled, in whole or in part, by any other person; • Claim an Qoomed username for the purpose of reselling it, confusing others, deriving others' goodwill, or otherwise engage in name squatting; • Access the Service from a different blockchain address if we've blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first; • Distribute spam, including through sending unwanted NFTs to other users; • Use the Service – including through disseminating any software or interacting with any API – that could damage, disable, overburden, or impair the functioning of the Service in any manner; • Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Qoomed; • Use our Service for commercial purposes inconsistent with these Terms or any other instructions; • Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise with or modify the rendering of Service pages or functionality; • Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service; • Sell or resell the Service or attempt to circumvent any Qoomed fee systems; • Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that Qoomed might use to sort search results; • Use the Service or data collected from our Service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing); • Use the Service for or in connection with money laundering, terrorist financing, or other illicit financial activity, or in any way in connection with the violation of any law or regulation that applies to you or to Qoomed; • Use the Service, directly or indirectly, for, on behalf of, or for the benefit of, (a) any natural or legal person that is the subject of Sanctions; (b) any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Juri

6. Third-Party Content and Services

As a peer-to-peer web3 service, Qoomed helps you explore NFTs created by third parties and interact with different blockchains. Qoomed does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third -party sellers. We also cannot guarantee that any NFTs visible on Qoomed will always remain visible and/or available to be bought, sold, or transferred. NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“Purchase Terms”). For example, when you click to get more details about any of the NFTs visible on Qoomed, you may notice a third party link to the creator's website. Such website may include Purchase Terms governing the use of the NFT that you will be required to comply with. Qoomed is not a party to any such Purchase Terms, which are solely between the buyer and the seller. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and inforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms. nctionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Qoomed, and may be “open” applications for which no recourse is possible. Qoomed is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Qoomed provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk. sdiction; or (c) any legal person owned or controlled, directly or indirectly, by any natural or legal person located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction. • Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments; • Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments; • Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity; • Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items; • Infringe or violate the intellectual property rights or any other rights of others; • Create or display illegal content, such as content that may involve child sexual exploitation; • Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual; • Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service; • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service. We allow users to post NSFW content, but that content and other associated material is subject to being marked NSFW and may be handled differently than non-NSFW content in navigation menus and search results. Finally, by using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any NFT, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any NFT, collection, or account on the Service.

7. Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with Qoomed's metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use , copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service. Qoomed does not claim that submitting, posting, or displaying this content on or through the Service gives Qoomed any ownership of the content. We're not saying we own it. We're just saying we might use it and show it off a bit. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Qoomed the license described above, and that the content does not violate any laws. Qoomed will take down works in response to the owner takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please fill out our form here or you may submit written notice to our designated copyright agent at: Qoomed Unipessoal LDA. Attn: Compliance Avenida Cerro da Vila, Edifício Vilamarina Levante 8, Vilamoura 8125-403 Quarteira Email: compliance@qoomed.de We encourage you to use our form to help ensure the requisite information is included in your notice. If you choose to write to us by e-mail or physical mail instead, your notice must include: • Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed; • Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material; • Your contact information – at a minimum, your full legal name (not pseudonym) and email address; • A declaration that contains all of the following: • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; • A statement that the information in the notice is accurate; and • A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed. • Your physical or electronic signature (of your full legal name). Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Qoomed and can also contact you to resolve any dispute.

8. Communication Preferences

By creating an Account, you consent to receive electronic communications from Qoomed (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device's operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.

9. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND QOOMED EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. QOOMED (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. QOOMED DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRING QOOMED WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE QOOMED ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, QOOMED CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED ANY NFTS, WITH OR ANY NFTS SERVING WITH US SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE QOOMED PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD QOOMED RESPONSIBLE FOR ANY BREACH OF SECURITY. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS. NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., BINANCE NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., BINANCE). QOOMED AND/OR ANY OTHER QOOMED PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS. NO QOOMED PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), THE BLOCKCHAINS FURETS OR ANY. NO QOOMED PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIV ES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

12. Assumption of Risk

You accept and acknowledge: • The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs. • The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs. • You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Qoomed is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your NFTs. • There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections. • We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Qoomed has no ability to reverse any transactions on the blockchain. • There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Qoomed will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused. • The Service relies on third-party platforms and/or vendors. if we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer. • Qoomed reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Qoomed. Under no circumstances shall the inability to view items on Qoomed or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Qoomed. • If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR OTHERWISE TO EXIST THIS SUSPECT OF YOUR FEEA.13. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL QOOMED OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PPECIAL ANY INCIDENTAL TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODSHE DOR , AND CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF QOOMED OR ITS SERVICE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

14. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

15. Modifications to the Service

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.

16. Dispute Resolution; Arbitration

• Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Qoomed and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties. Qoomed does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly. • Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Qoomed, will be resolved by binding arbitration, Rather than in court, including threshold questions of the arbitrability of such dispute, dispute, or claim except that (1) you or Qoomed may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or Qoomed may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights. • Dispute resolution process. You and Qoomed both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Qoomed, Attn: Compliance Department, Avenida Cerro da Vila, Edifício Vilamarina Levante 8, Vilamoura 8125-403 Quarteira -PORTUGAL. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Qoomed is represented by counsel, its counsel may participate in the Conference as well, but Qoomed agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify. elating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Qoomed, and Qoomed's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in Europe. Those who choose to access the Service from locations outside Europe do so at their own initiative and are responsible for compliance with applicable local laws. You and Qoomed agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. Except as otherwise herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.