Terms of Service

Encryptids is a collection of digital artworks, which are Non-Fungible Tokens (“NFTs”), running on the Ethereum network, created by a Kat French Design and her developer and NFT collector partners.

All rights reserved are granted to Kat French Design, including intellectual property rights surrounding Encryptids names, logos, trademarks, the website, the design of the User Interface and User Experience (“UX”), the smart contract code, fonts, and all the generative traits used for the Encryptids. Encryptids reserve the exclusive rights to use official Encryptids logos, texts, and other content associated with this project, our website, Twitter and Discord channels for any future advertising or promotion purposes.

This website is only an interface allowing participants to buy and/or exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the Encryptids smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Encryptids digital collectibles.

  1. Ownership
    1. You Own the NFT
      2. The initial product launch of Encryptids is up to 7,000 individual ERC-721 tokens (“Encryptids” or “NFTs”) with generative traits that correspond to pieces of art hosted on the InterPlanetary File System (“IPFS”). By connecting your ethereum wallet and minting a Encryptid using our smart contract, you gain full and complete ownership of your NFT. At no point may we seize, freeze, or otherwise modify the ownership of any Encryptid.
    2. Personal Use
      3. Subject to your continued compliance with these Terms, we grant you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes:
      1. for your own personal, non-commercial use;
      2. as part of a marketplace that permits the purchase and sale of your Encryptid / NFT. The marketplace must verify each Encryptid owner’s rights using the Ethereum blockchain to confirm authenticity. Once confirmed, the marketplace may display the Art for each Encryptid. This ensures that only the actual owner can display the Art; or
      3. as part of a third party website or application that permits the inclusion, involvement, or participation of your Encryptid, provided that the website/application verifies each Encryptid owner’s rights using the Ethereum blockchain to confirm authenticity. If verified, the third-party website can display the Art for the Encryptid. This ensures that only the actual owner can display the Art. The third-party site must make sure that Encryptids are no longer visible once the owner of the Encryptid leaves the website/application.
    3. Commercial Use
      4. Subject to your continued compliance with these Terms, we grant you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from:
      1. owning or operating a (NFT) marketplace that permits the use and sale of Encryptids generally, provided that the marketplace verifies each Encryptid owner’s rights, using the Ethereum blockchain to confirm authenticity. This ensures that only the actual owner can display the Art;
      2. owning or operating a third party website or application that permits the inclusion, involvement, or participation of Encryptids generally, provided that the third party website or application verifies each Encryptid owner’s rights using the Ethereum blockchain to confirm authenticity. This will allow the third-party site to display the Art for Encryptids and ensures that only the actual owner can display the Art. Additionally, the third-party site must make sure that the Art is no longer visible once the owner of the Purchased Encryptid leaves the website/application; or
      3. earning revenue from any of the foregoing.
      Furthermore, nothing in these Terms & Conditions is meant to restrict a third party website's ability to build tools which track traits or sales.
  2. Limitations of Liability for Gas, Failed Transactions, Smart Contract Bugs
    3. You agree to hold us harmless for any losses you may incur as a consequence of minting your NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of your NFT due to website or smart contract bugs.
  3. No Guarantees or Future Promises
    4. You agree that your purchase of a Encryptid from our initial project is all you are guaranteed to receive with your initial purchase. Any future potential airdop or other benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by Encryptids in using this site and participating in our NFT launch.
  4. Encryptids are not intended as investments
    5. We make absolutely no promise or guarantee that these NFTs will be worth anything. You understand that they have no inherent monetary value.
  5. Taxes
    6. You are entirely responsible for any tax liability which may arise from minting or reselling your Encryptids.
  6. Class Action Waiver
    7. You agree to waive any class action status, and any legal dispute around the Encryptids project which you may choose to bring can only be done on an individual basis.
  7. Age Implications
    8. The Encryptids project is not targeted towards children. You agree that you are over the age of 18, or above the legal age of your jurisdiction, whichever is greater.
  8. Privacy Policy
    9. Encryptids will not collect any cookies, IP addresses, or user data in connection with your use of the website and app. This is subject to change. Additionally, you understand that the Ethereum blockchain network is a public blockchain and all of your transaction history initiated through the website will be made public. You also understand that Encryptids may work with third-party apps that collect data, such as Discord or Collab.Land for Encryptid Holder verifications or giveaways. However, if Encryptids aims to launch products (e.g. merch store) in the future, this will require us to collect and store user data. In that event, this provision is subject to change.
Terms of Service