Terms of Use

TERMS OF USE

Last Updated: June 1, 2026

Welcome to wiCollect!

wiCollect, LLC., headquartered in Georgia, USA, owns and operates wiCollect. As wiCollect, we provide technology and services, including the wiCollect website(s), APIs, mobile applications, and all related tools, features, and functionalities (collectively, the App and “Platform”).

These Terms of Use (“Terms”) govern your use of our technology and services.

 

For Purposes of These Terms:

•  NFTs, or non-fungible tokens, are unique digital assets secured and authenticated on public blockchains.

These digital collectibles are governed by smart contracts that establish ownership and define the transferability of the NFTs.

• “Use” encompasses accessing, viewing, interacting with, or engaging with the App and Platform, whether passively or actively.

This includes actions such as visiting the App or Platform, browsing content, creating an Account, conducting transactions, or utilizing any services or features.

• “You” refers to any user of the App and Platform. If you are using the App and Platform on behalf of an entity, “you” also encompasses that entity.

 

Important: Please Read Carefully

These terms provide crucial information about your legal rights and responsibilities.

This Terms of Use mandates arbitration as the primary method for resolving disputes, except for class action lawsuits, which are subject to specific conditions.

By clicking “Accept,” signing up, or using the App and Platform, you acknowledge and agree to these Terms. If you disagree, you are prohibited from using the App and Platform.

 

Contents

1. What is wiCollect?

wiCollect is a consumer-to-consumer e-commerce platform that operates through a web3 social commerce app.

This app assists content creators in monetizing and controlling their exclusive social media content.

Additionally, it enables users to discover and directly interact with blockchain-based items, such as NFTs (non-fungible tokens) and digital collectibles. Users can also engage with other participants across public blockchains.

It is crucial to understand that wiCollect does not function as a wallet provider, exchange, broker, dealer, financial institution, payments processor, money services business, or creditor.

We do not have custody or control over your social media content (NFTs or digital collectibles), tokens (cryptocurrencies), cryptocurrency exchanges, external digital wallets, blockchains, or other third-party services you use.

However, we do facilitate purchases, transfers, sales, and resells of digital collectibles (NFTs) and other digital items and in-app coins through our platform.

 

2. Updates to the Terms of User 

wiCollect reserves the right to modify these Terms at any time, at our sole discretion.

If there are any material changes, we will provide reasonable notice, such as updating the “Last Updated” date at the top of these Terms or sending a notification through the App and Platform.

By continuing to use the App and Platform after the changes are made, you acknowledge and accept the revised Terms.

It is your responsibility to periodically review the Terms to ensure that you are familiar with the most recent terms and conditions that apply to your use of the App and Platform.

 

3.  Using the App and Website                                                                                                                                                                                                                                      

Your Profile & In-App Wallet Identity

Your profile and in-app wallet account serve as your identity on wiCollect.

Your wiCollect profile is linked to your in-app wallet, which is called “Account.”

This profile displays the digital collectibles (NFTs) and your funds or in-app coins (WCCs) associated with your account.

 

Use on Behalf of Other Parties

If you are using the App and Platform on behalf of an entity, such as a company or other organization, you represent and warrant that:

1. • You are authorized to bind the entity to these Terms.
   • By agreeing to these Terms, you warrant that the entity you represent is bound by them.

 

Third-Party Wallets

You have the option to use a third-party wallet for blockchain transactions. Please note that:

1. • wiCollect is not involved in the operation, maintenance, or any affiliation with these third-party wallets.
   • wiCollect has no custody or control over your third-party wallet or its contents, so we cannot retrieve or transfer them.
   • You are solely responsible for securing your third-party wallet, including keeping your credentials and seed phrase confidential.

If you encounter any issues with your wallet, you must contact your third-party wallet provider.

By using your third-party wallet in conjunction with wiCollect, you agree to adhere to the terms and conditions set forth by the third-party wallet provider.

 

Account Security and Responsibility

Your account security is solely your responsibility. wiCollect is not held liable for any actions or omissions by you or others that may compromise your account.

If you suspect any security issues related to your account or the app and platform, you agree to notify wiCollect immediately by contacting us at the provided link.

 

Electronic and Promotional Communications

By creating an account, you agree to receive electronic communications from wiCollect, including emails, push notifications, text messages, and other forms of communication.

These communications may include information about products, promotions, and updates.

1. • You will receive notifications about your account and app activity, such as updates and alerts.
   • We would like to share some promotional communications that we believe you will find interesting.

 

You understand that:

1. • Using the App and Platform does not require you to consent to receive promotional communications.
   • You can unsubscribe from promotional communications anytime by visiting your Account Settings, following the unsubscribe instructions in the communications, or adjusting your mobile device’s operating system settings.

Please be informed that opting out may not apply to crucial announcements or messages that are essential for the App and Platform’s operation.

 

Compliance with Laws and Government Sanctions

By using the App and Platform, you acknowledge that you do not guarantee compliance with all applicable laws, including local, state, federal, and international regulations.

You agree not to use the App and Platform, or otherwise, provide access to them, if:

1. • You are ordinarily a resident in or organized under the laws of a U.S.-sanctioned country.
   • You are subject to sanctions imposed by the United States Government, any other government, or the United Nations.
   • You are controlled or owned, directly or indirectly, by any person or entity that is subject to sanctions, resides in, is ordinarily resident in, or is organized under the laws of a U.S.-sanctioned country.
   • Any officer, manager, director, shareholder, or authorized representative of your organization is subject to sanctions. 

Additionally, they may reside in, be ordinarily resident in, or be organized under the laws of a U.S.-sanctioned country, or be owned or controlled, directly or indirectly, by a person subject to such sanctions.

1. • You engage in transactions with or on behalf of individuals or entities that are subject to sanctions or otherwise fall into any of the categories mentioned above.

These representations must remain valid throughout your use of the App and Platform.

Additionally, you agree not to grant access to or use of the App and Platform to any natural or legal person who falls into any of the categories mentioned above.

 

Requests for Additional Information

wiCollect may request additional information and documents in specific situations, such as when the government requests them or when you need to comply with applicable laws or regulations.

In such cases, wiCollect may restrict or disable your Account until these requests are fulfilled. Failing to provide complete and accurate information may result in permanent access restrictions.

 

App and Platform Disruptions and Modifications

Your access to the App and Platform may be temporarily interrupted due to various reasons, including but not limited to:

1. • Equipment malfunctions, updates, maintenance, and repairs.
   • Geographic restrictions or potential violations of these Terms.
   • wiCollect, at its sole discretion, takes actions to protect users and the App and Platform.

wiCollect reserves the sole right to modify, suspend, or discontinue the App and Platform (or any features or parts thereof, including the API) at any time and without prior notice.

This action is without liability. Additionally, wiCollect has the discretion to disable your Account and reassign your username and associated URLs.

 

Age Restrictions

Users must be at least 13 years old to use the App and Platform and work as a content creator without parental or guardian consent.

If you are under 13, you can only use wiCollect with parental or guardian consent and an Account, provided they approve and supervise your use.

wiCollect strictly prohibits access to its App and Platform for users under the age of 13.

Furthermore, it prohibits content creators in the United States and abroad under the age of 13 from working without parental or guardian consent or an Account.

 4. wiCollect’s Ownership of the App and Platform                                                                                                                                                                                                

wiCollect’s Intellectual Property

wiCollect owns all proprietary elements of the App and Platform, including:

1. • The “look and feel” of an App and Platform, including text, graphics, images, logos, page headers, button icons, URLs, scripts, and other design elements, collectively contribute to the overall appearance and user experience.
   • Digital content encompasses various elements, including the wiCollect logo, designs, text, graphics, pictures, data, software, sound files, and other related files.
   • wiCollect’s trademarks, service marks, and trade dress.
   • The careful selection, organization, and presentation of all such materials.

wiCollect and its licensors retain all rights to these materials, including the exclusive right to create derivative works. Therefore, you are prohibited from doing so.

1. • Copy, imitate, or use wiCollect’s name, logo, trademarks, or service marks without permission.
   • Utilize metatags or other concealed text that allude to “wiCollect” or its intellectual property.

 

License to Use the App and Platform

wiCollect grants you a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the App and Platform, provided that you comply with these Terms. This license includes:

1. • Access and display any software, content, or materials provided by wiCollect exclusively for your personal, non-commercial use, as permitted by these Terms.
   • Downloading the wiCollect mobile application to your device is solely for the purpose of enabling your use of the App and Platform.

This license restricts your lawful use of the App and Platform. wiCollect does not grant any ownership rights through this license.

Your use of content linked to or associated with NFTs, NFT collections, digital collectibles, digital collectible series, and other digital items is subject to any applicable rights set forth by the seller or creator of those NFTs or digital collectibles.

 

Third-Party Intellectual Property

All other trademarks and intellectual property mentioned on or integrated by the App and Platform are the property of their respective owners. This includes:

1. • Trademarks, logos, and other intellectual property associated with third-party creators of SFTs, NFTs, digital collectibles, and related content.
   • Smart contracts and other software code are deployed by third parties.

wiCollect does not claim ownership over such third-party intellectual property and denies responsibility for their operation, functionality, or legality.

Reference to third-party products, services, or content on the App and Platform does not imply endorsement, sponsorship, or recommendation by wiCollect. 

5. Third Party Content

Third-Party Content

The App and Platform may contain links or access to third-party websites, applications, code, or other content (“Third-Party Content”).

wiCollect utilizes its own and third-party APIs related to NFTs or digital collectibles and other digital items on the App and Platform.

wiCollect does not control, endorse, or review Third-Party Content, and therefore, it is not responsible for it.

It is important to note that third-party applications may be decentralized or “open” in nature, which means that there may be no recourse available if you encounter any issues.

By using or relying on Third-Party Content, you do so entirely at your own risk. wiCollect offers access to Third-Party Content as a convenience, but it makes no warranties or representations about its functionality, availability, or reliability.

You are solely responsible for verifying the legitimacy, authenticity, and legality of NFTs (digital collectibles) and other digital items you purchase.

Additionally, we cannot guarantee that any NFT, digital collectible, or other digital item displayed on wiCollect will remain visible or available for purchase, sale, or transfer.

Creators, sellers, and buyers are solely responsible for the content and metadata associated with their NFTs, digital collectibles, and other digital items.

 

Public Blockchains

As a consumer-to-consumer web3 e-commerce service provider, wiCollect assists you in exploring NFTs, digital collectibles, and other digital items created by third parties.

It enables you to interact with public blockchains or blockchain applications that are not owned by wiCollect.

Public blockchains enable the creation, transfer, and ownership of NFTs, digital collectibles, and other digital assets.

However, wiCollect does not control or guarantee the availability, functionality, or permanence of these networks or the NFTs, digital collectibles, and other digital assets that exist on them.

 

Third-Party Transactions and Terms

These Terms govern your use of wiCollect’s Platform. NFTs, digital collectibles, and other digital items are stored on public blockchains and can be bought, sold, and transferred outside of wiCollect.

Sellers are responsible for determining and establishing the price of NFTs, digital collectibles, and other digital items, including applicable taxes, mint counts, and minting mechanics. WiCollect does not control or set these terms.

wiCollect may receive certain fees for its services.

However, wiCollect does not set, collect, enforce, or determine other costs or fees associated with buying or selling NFTs, digital collectibles, and other digital items, including but not limited to:

1. • Creator earnings from sales as well as earnings from resales and royalties.
   • Blockchain transaction fees, commonly known as “gas fees.”
   • Payment processing fees or other third-party charges.

These fees are directly paid to third parties, including creators, sellers, and blockchain validators, and wiCollect is unable to refund these amounts.

NFTs, digital collectibles, and other digital items may also be subject to specific terms and conditions set by their creators, sellers, or buyers. These terms are often referred to as “NFT Terms” or “Digital Collectible Terms.”

These terms, which may encompass rights and obligations related to NFTs or digital collectible content, are neither established nor enforced by wiCollect. For instance:

1. • When you view metadata or additional details about NFTs or digital collectibles on wiCollect, you might come across third-party links to the terms of service for NFTs or digital collectibles.
   • Buyers, sellers, and creators are solely responsible for communicating, agreeing to, and enforcing any terms related to NFTs or digital collectibles.
   • It is your responsibility to review and adhere to any applicable NFT or Digital Collectible Terms.                    

 

6.  Your Information, Content, and Grant of License to wiCollect

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and share information from or about you (“Your Information”).

By using the App and Platform, you acknowledge that you have read our Privacy Policy and expressly consent to the collection, use, and disclosure of Your Information in accordance with the Privacy Policy.

When you provide personal information about anyone (except yourself) who may receive transactions from you through the App and Platform, you agree that you have obtained their consent to disclose their personal information to us.

You also consent to our collection, use, storage, and disclosure of their personal information in accordance with our Privacy Policy.

 

User-Provided Content

You are solely responsible for any content you create, submit, post, promote, or display on or through the App and Platform.

This includes ensuring compliance with applicable laws, regulations, and these Terms (including the User Conduct requirements).

This involves ensuring the legality, authenticity, and accuracy of all metadata associated with your Software as a Service, Non-Fungible Tokens (NFTs), digital collectibles, and other digital items.

By posting or submitting content, you represent and warrant that the content is authentic and not plagiarized.

1. • You possess all the necessary rights, licenses, consents, permissions, power, and authority to grant wiCollect the license described above.
   • Your content complies with intellectual property rights, publicity rights, and other third-party rights, and it does not contain any material that violates any laws.
   • Your participation in any wiCollect promotional programs, including the Rewards Program, will be terminated, and you will lose any points (as defined below).
   • You are responsible for the content and metadata associated with your NFTs, digital collectibles, and other digital items.

This includes ensuring that they do not contain infringing material unless you’ve obtained the necessary permissions or are legally entitled to post it.

 

Grant of License to wiCollect

By using the App and Platform in conjunction with creating, submitting, posting, promoting, or displaying content (including compliance with wiCollect’s metadata standards), you grant wiCollect a worldwide, non-exclusive, sublicensable, and royalty-free license to:

1. • You may use, copy, modify, and display your content for current and future business purposes, such as providing, promoting, and enhancing the App and Platform.
   • This license applies to any text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content you post.

It also covers any digital files, art, or materials linked to or associated with NFTs, digital collectibles, and other digital items displayed on the App and Platform.

Note: wiCollect does not claim ownership of your content, except for feedback as defined below.

By granting us permission or a license, you allow us to use and display your content to operate and enhance our App and Platform. However, ownership of your content remains with you.

 

Your Feedback

wiCollect welcomes feedback, comments, and suggestions to enhance the Platform.

By providing feedback, you acknowledge that you understand and agree to the terms and conditions outlined in the Platform’s Privacy Policy.

1. • Please understand that this does not grant you any ownership or rights in the Platform or the feedback itself.
   • Assign all rights, title, and interest in feedback, including intellectual property rights like patents, copyrights, trademarks, and trade secrets, to wiCollect.
   • I agree that wiCollect may use and disclose your feedback for any purpose, without compensating you or providing further notice.                                                                                                                                        

7. Intellectual Property Violations and Ownership Disputes

Illegal Content and Disputed Items

wiCollect strictly adheres to applicable laws concerning illegal content, including intellectual property violations and stolen NFTs or digital collectibles.

If you encounter any illegal content or have concerns about DMCA and DSA takedown notices, kindly review and adhere to the instructions provided in our Illegal Content and Disputed Items Policy.

wiCollect aids users in discovering and engaging with blockchain-based items, such as NFTs or digital collectibles.

However, it does not provide a resolution for disputes related to the ownership, authenticity, or legality of any item listed or transacted on the platform.

If a dispute arises regarding an item, our Illegal Content and Disputed Items Policy will be followed to manage the situation.

This policy may involve restricting the item’s visibility or transferability on the app or platform.

Users acknowledge and agree that wiCollect’s actions in resolving disputes are solely based on our internal policies and do not constitute determinations of ownership or legal rights.

wiCollect reserves the right to restrict or remove the visibility of NFTs or digital collectibles, including individual NFTs or digital collectibles, and related metadata.

This decision is made at its discretion and may be necessary for legal compliance, policy enforcement, or other reasons.

Additionally, wiCollect may restrict or remove other digital assets and related content.

You recognize that such restrictions could affect the accessibility and perceived value of an NFT, digital collectible, and other digital items.

8. User Conduct

wiCollect values openness and inclusiveness, and its goal is to offer users from diverse backgrounds a vibrant platform to explore web3 and blockchain-based assets.

To ensure a safe and lawful environment, we reserve the right to take action, with or without prior notice, if we determine at our sole discretion that you have violated these Terms or may be using the App and Platform for unlawful activities.

Such actions may include:

1. • Removing or limiting access to specific NFTs, digital collectibles, and other digital assets.
   • Restricting or disabling access to the app, platform, or specific features.
   • Taking all necessary measures to safeguard the App and Platform, as well as its users.

 

Your Responsibilities

You are solely accountable for your actions and the content you create, present, or share on or through the App and Platform.

You agree not to violate any law, contract, intellectual property, or other third-party rights. You are solely responsible for your conduct and content when using the App and Platform.

In addition to all the responsibilities and obligations mentioned elsewhere in these Terms, you also agree to:

1. • Before interacting with or transacting on any NFT, digital collectible, or other digital item displayed on the App and Platform, conduct your own research (DYOR).
   • Do not use or attempt to use another user’s account without their permission.
   • I do not intend to impersonate another person or entity.
   • I do not intend to claim a wiCollect username with the purpose of reselling it, deceiving others, or obtaining another user’s goodwill (“name squatting”).
   • I do not intend to attempt to bypass or circumvent the measures implemented by wiCollect to block specific blockchain addresses.
   • I am not permitted to distribute spam, including unwanted NFTs or digital collectibles to other users.

Additionally, I am prohibited from using the App and Platform and its data for unsolicited advertising or direct marketing, including email, SMS, and telemarketing campaigns.

1. • Do not use the Platform or any software, API, or functionality to harm, disrupt, or overwhelm the App and Platform’s operations.
   • Avoid circumventing access controls, rate limits, or traffic filters by using unauthorized tools, multiple IP addresses, or obscuring traffic sources.
   • We must refrain from using the wiCollect APIs in violation of our developer policies or any applicable agreements.
   • We must not exploit the App and Platform for unauthorized commercial purposes that violate these Terms or wiCollect’s guidelines.
   • It is prohibited to use automated tools such as scrapers, bots, or crawlers to access, extract, or manipulate data from Apps and Platforms without proper authorization.
   • I do not engage in reverse engineering, decompilations, disassemblies, or bypassing measures designed to restrict access to specific areas, code, or functionalities within the App and Platform.
   • I do not intend to circumvent wiCollect’s fee structures, attempt to resell the App and Platform, or its features.
   • I do not manipulate metrics, such as artificially inflating views, favorites, or rankings, to alter search results or the visibility of items or collections.
   • I will not manipulate prices, commit fraud, or engage in deceptive or misleading practices.
   • I do not engage in the purchase, sale, or transfer of stolen or fraudulently obtained items, including NFTs or digital collectibles.
   • I do not violate the intellectual property rights of others or create and display illegal content.
   • I do not create or display NFTs or digital collectibles that promote hate speech, violence, self-harm, or illegal activities, including child sexual exploitation or doxing.
   • To ensure a seamless experience for all users, I will refrain from interfering with their ability to enjoy or access the App and Platform.

 

Handling NSFW Content

wiCollect permits the posting of “Not Safe for Work” (“NSFW”) content.

However, this content may be subject to additional restrictions, such as being marked NSFW and appearing differently in navigation menus and search results.

9. API Terms                                      

This section manages your access to or use of any wiCollect programming interfaces, developer tools, and related documentation and materials (collectively referred to as the “API”).

By using the API, you agree to comply with the Terms and any additional guidelines that wiCollect may publish, including those outlined in its Developer Documentation.

Reciprocal Access

You agree to join wiCollect in our mission to build a composable and decentralized web3 ecosystem.

In return, you will provide us with equivalent levels of access to your data through any application programming interfaces, developer tools, or other means you may have.

License and Attribution Requirements

When displaying NFTs, digital collectibles, and other digital items on your website or in your products and services, you must provide appropriate attribution to wiCollect.

This means linking to the wiCollect website where necessary. However, this requirement is subject to any instructions or guidelines we may provide.

 

Restrictions on API Use

You may not:

1. Commercialize the API or any data, information, or content provided or transmitted through the API (referred to as “API Data”) without obtaining wiCollect’s explicit written permission.

Your use or access to the API or API Data will be considered “commercial” if you generate revenue through a product or service you sell, resell, or otherwise monetize.

2. Remove or modify any legal notices (such as copyright, trademarks, or other proprietary rights) that are present in or associated with the materials you receive or access in connection with the API or API Data.
3. Abuse the API excessively, disruptively, or improperly to overwhelm, disrupt, or compromise wiCollect’s servers or network.
4. It is strictly prohibited to share, distribute, sell, rent, lend, or transfer API access, keys, or API data to any third party, whether individually or collectively, without our explicit written consent.
5. Access or use the API or API Data in a way that violates the rights of another party.
6. Alter or misrepresent the data collected from API usage or hide the origin of API requests.
7. Copy, adapt, reformat, reverse-engineer, disassemble, decompile, decipher, or otherwise modify the API, or create derivative works based on it.
8. Exceed, disable, interfere with, circumvent, or attempt to circumvent (including by aggregating accounts or creating multiple API keys) API limits or security measures, such as rate limits or authentication controls.
9. Access the API to circumvent the platform’s intended features, functionalities, or restrictions.
10. Utilize API data for advertising, marketing, or monetization by partnering with data brokers or ad networks.
11. Violating wiCollect’s Privacy Policy or any data protection laws is prohibited when collecting or using our API or API Data.
12. Use the API to commit illegal, fraudulent, or sanctioned activities.
13. Implement features, business practices, or use the API or API Data in a way that, in wiCollect’s judgment, could potentially harm wiCollect’s reputation or relationships.
14. You are prohibited from accessing or using the API or API Data in any manner that could be considered a breach or an alleged breach of the “User Conduct” Section or any other section of these Terms.

 

Compliance & Security Obligations

If API data is deleted, suspended, withheld, modified, disabled, delisted, or otherwise removed from wiCollect’s service, we will promptly delete or modify it, within 24 hours, unless prohibited by applicable law or regulation, or with the express written permission of wiCollect.

If you find any actual or potential security vulnerabilities in your API integration, you must promptly inform wiCollect and take immediate action to resolve the issue.

You agree not to use or access the API or API Data for any unlawful or unauthorized purpose.

Furthermore, you certify that you, your officers, directors, shareholders, and affiliates are and will remain compliant with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations.

You are responsible for providing the necessary device, internet connection, and other services to use the wiCollect mobile application (“App”).

However, wiCollect does not guarantee compatibility with all devices or geographic availability.

For users accessing wiCollect via iOS, Apple’s Standard End User License Agreement (“EULA”) applies in addition to these Terms of Service.

In case of any conflict between these Terms and Apple’s EULA, Apple’s EULA will exclusively govern the use of wiCollect on iOS devices.

11. Liability, Indemnification, and Assumption of Risk

Indemnification

By using the App and Platform, you agree to indemnify, defend, and hold harmless wiCollect and its affiliates, employees, directors, contractors, service providers, agents, and representatives (collectively, the “wiCollect Parties”) from claims, damages, losses, liabilities, and expenses (including legal fees) related to the App and Platform.

1. • Your use or misuse of the App and Platform, including any feedback or content you provide through them, your engagement with NFTs, digital collectibles, and other digital items, as well as the content visible on the App and Platform and your interactions with other users, are all relevant.
   • Violating these Terms or any applicable laws is prohibited.
   • Violating the rights of third parties, including intellectual property and contractual rights, is unacceptable.
   • Your carelessness or deliberate wrongdoing.
   • There are disagreements about who owns or is entitled to NFTs, digital collectibles, and other digital items that are displayed on wiCollect.

You agree to promptly notify wiCollect of any claims and cooperate with them in defending them. However, wiCollect reserves the right to unilaterally control the defense and settlement of any claims.

Disclaimers

Your use of the App and Platform is entirely at your own risk.

The App and Platform are provided on an “AS IS” and “AS AVAILABLE” basis, and wiCollect expressly disclaims all warranties, whether express or implied, including but not limited to:

1. • The App and Platform are designed for a specific purpose, are merchantable, have a valid title, and do not infringe on any third-party rights.
   • The App and Platform (including any of its features) and any associated Software as a Service (SaaS), Non-Fungible Tokens (NFTs), digital collectibles, and other digital items are accurate, reliable, complete, and available.
   • The security of the Add and Platform, including protection against viruses, hacking, and other harmful elements, is of utmost importance.

 

wiCollect does not guarantee:

1. • The app and platform should operate flawlessly, without any interruptions or errors.
   • The accuracy and legality of NFTs, digital collectibles, and other digital items displayed on the App and Platform.
   • The App and Platform, along with any associated content, will meet your expectations.

wiCollect denies any liability for any loss, including any losses arising from:

1. • Mistyping blockchain addresses or constructing transactions incorrectly are common user errors.
   • Server failures, unauthorized access, and third-party attacks, such as phishing or malware, can compromise security.
   • Irreversible blockchain transactions or issues related to public blockchain functionality, such as forks and technical node problems, are not covered.
   • Software vulnerabilities, failures, or abnormal behavior, such as those found in smart wallets, can pose risks.

Note: Some authorities may not permit certain disclaimers, so these limitations may not apply to you.

 

Assumption of Risk

By using the App and Platform, you acknowledge and accept the following risks, in addition to those described elsewhere in these Terms:

1. Financial Risks: NFTs, digital collectibles, and other digital items like semi-fungible or non-fungible tokens and digital collectibles have subjective and highly volatile values. You should be aware that you may lose money.
2. Blockchain and Transaction Fees: You are solely responsible for all blockchain-related fees, which are final and non-refundable.
3. Disputed Ownership: NFTs, digital collectibles, and other digital items visible on wiCollect may be subject to ownership disputes.
4. Ecosystem Risks: The utility and value of NFTs, digital collectibles, and other digital items hinge on the adoption and growth of blockchain ecosystems, which may not materialize as expected.
5. Regulatory Risks: The regulatory landscape for NFTs, digital collectibles, cryptocurrency, and blockchain technologies is uncertain and could potentially negatively impact the App and Platform, as well as the utility of NFTs, digital collectibles, and other digital items.
6. Tax Obligations: You are solely responsible for determining, withholding, reporting, and remitting any applicable taxes that may arise from your transactions on the App and Platform, including your NFT, digital collectibles, and token sales, purchases, swaps, transfers, or other digital collectibles and item transactions.

In connection with any such taxes, you agree to indemnify wiCollect.

This responsibility also encompasses any taxes associated with other activities on the App and Platform, such as those related to promotional programs or any other benefits you may receive from using the App and Platform.

wiCollect does not offer tax advice and does not determine the taxability of any rewards or transactions. Therefore, wiCollect will not be held responsible for any tax obligations you may have.

7. Internet and Security Risks: Using the App and Platform may expose you to risks such as internet disruptions, malicious attacks, or unauthorized access to your wallet or account.
8. Third-Party Dependencies: The App and Platform depend on third-party vendors and services, and any disruptions with these providers could negatively affect your experience.
9. Content Visibility: wiCollect reserves the right to conceal or make inaccessible collections, contracts, or items that are affected by these risks or other issues.

This includes items that become unviewable or inaccessible due to blockchain-related problems.

 

Limitation of Liability

To the fullest extent permitted by law:

1. • wiCollect, its affiliates, and its service providers will not be held liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, data, or goodwill, that may arise from or be related to your use of the App and Platform.
   • wiCollect and its affiliates’ total liability for any claims arising out of or related to these Terms or your use of the App and Platform shall not exceed the greater of:

$100, or

The amount that wiCollect directly received from you in connection with the transaction that gave rise to the claim.

The limitations mentioned above still apply even if the remedy mentioned does not fulfill its primary purpose.

Some authorities may not permit the exclusion or limitation of liability for certain damages, so these limitations may not apply to you.

12. Arbitration Agreement

Please carefully read this section outlining the Arbitration Agreement.

It significantly impacts your legal rights by mandating that you and wiCollect resolve all disputes through binding arbitration, except for the limited cases mentioned below.

This section addresses disputes between you and wiCollect, excluding those between users or third parties.

Since wiCollect lacks dispute resolution services for user or third-party disagreements, these disputes must be resolved independently.

 

Agreement to Arbitrate

You agree that any dispute, controversy, or claim arising from or related to your use of the App and Platform, products sold or distributed through the App and Platform, or your relationship with wiCollect will be resolved exclusively through binding arbitration on an individual basis, except for the following exceptions:

1. Small Claims Court: Claims that qualify may be resolved in small claims court, provided they are filed on an individual basis.
2. Intellectual Property Claims: Claims involving intellectual property infringement or misuse can be resolved in a court of competent jurisdiction.

Both you and wiCollect agree to make sincere efforts to resolve disputes informally before resorting to arbitration or other legal actions.

 

Informal Dispute Resolution

Before initiating arbitration, you must first initiate an informal dispute resolution process by sending a written notice detailing your claim and desired resolution to the appropriate party.

wiCollect, Attn: Legal Dept                                                                                                                                                                                                                                              8735 Dunwoody Place, Ste. 6                                                                                                                                                                                                                                        Dunwoody, Georgia 30305

Both parties agree to meet and discuss the dispute in good faith, either via telephone, videoconference, or in person.

The statute of limitations and any filing deadlines will be suspended during this process.

If the dispute remains unresolved within 30 days, either party can opt for arbitration, small claims court, or legal action for intellectual property issues.

 

Delegation

Any dispute between wiCollect and you regarding the construction, interpretation, or application of this Arbitration Agreement, including its enforceability, severability, revocability, scope, or validity, shall be resolved by an arbitrator, not a court or judge.

 

Arbitration Process

1. • JAMS, an alternative dispute resolution provider, will conduct arbitration for claims under $250,000 using its Streamlined Arbitration Rules, or for claims above $250,000 using its Comprehensive Arbitration Rules.

JAMS rules are available at jamsadr.com or by calling 800-352-5267.

1. • Filing and Costs: If JAMS is unavailable, the parties will choose an alternative arbitral forum.

wiCollect will cover JAMS filing and administrative fees for claims under $10,000, unless (a) the judgment is smaller than wiCollect’s previous settlement offer or (b) the arbitrator finds the claim frivolous.

1. • Arbitration can be conducted via telephone, video conference, written submissions, or in person at a mutually agreed location.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Judgments rendered by the arbitrator can be entered in any court with the necessary authority.

Arbitrator Authority
The arbitrator holds the sole authority to:

1. • Assess the extent and enforceability of this arbitration agreement.
   • Resolve any disputes that arise regarding the interpretation, applicability, or formation of this agreement.

The arbitrator may grant the same relief as a court, including monetary damages and injunctive relief, on an individual basis. All decisions are final and binding.

 

Waiver of Jury Trial and Class Actions

1. • By agreeing to this arbitration agreement, you waive your constitutional and statutory rights to sue in court and have a trial before a judge or jury.
   • Class action waivers require that all claims be filed individually.

Claims involving multiple parties cannot be arbitrated or consolidated without the written consent of all parties involved.

Class arbitrations are explicitly prohibited.

If a court determines that a class action waiver is invalid for a particular claim, that claim must be litigated in court, while other claims proceed through arbitration.

 

Severability and Survival

1. • If any portion of this arbitration agreement is deemed invalid or unenforceable, that specific section will be severed, leaving the remaining provisions intact and in effect.
   • This arbitration agreement remains in effect even after your relationship with wiCollect ends.

 

Modification of Arbitration Terms

If wiCollect makes any material changes to this arbitration agreement, you can reject them within 30 days of their effective date by sending wiCollect a written notification at:

wiCollect, Attn: Legal Dept                                                                                                                                                                                                                                    8735 Dunwoody Place, Ste 6                                                                                                                                                                                                                                          Dunwoody, Georgia 30305

If you decline to accept the changes, the previous version of this arbitration agreement will continue to be in effect.

13. Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Georgia.

This means that any conflicts of law rules or principles of any other jurisdiction that could apply to these Terms will not be considered.

The United Nations Convention on Contracts for the International Sale of Goods is not applicable in this case.

Any dispute between the parties that is not subject to arbitration as outlined in Section 13 or cannot be heard in small claims court shall be resolved in the state or federal courts of Fulton County, Georgia, respectively.

14. Termination

wiCollect reserves the right to suspend, restrict, disable, terminate, or delete your Account or your access to the Service (in whole or in part) at any time, without any prior notice or reason.

If your account is terminated, you won’t be eligible for any refunds for amounts that have already been paid to wiCollect.

All licenses granted to you under these Terms will automatically terminate if you breach them. wiCollect will not be held liable for any damages or obligations that may arise from such termination.

All provisions of these Terms that inherently survive termination, such as ownership, indemnification, disclaimers, limitations of liability, dispute resolution, and export compliance, will remain in force.

15. Miscellaneous Terms

Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the remaining provisions will continue to be in full force and effect.

 

Remedies for Breach of Terms

wiCollect acknowledges that any breach of these Terms could cause irreparable harm, making monetary damages insufficient.

Consequently, wiCollect has the right to seek equitable relief, including injunctive relief, without the requirement of posting a bond or providing additional security.

 

California Residents

If you are a California resident; you can report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

You can do this by writing to them at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by calling them at (800) 952-5210.

 

Entire Agreement

These Terms, along with any policies incorporated by reference, constitute the entire agreement between you and wiCollect regarding your use of the Service.

They supersede all prior agreements or understandings.

 

Assignment

You are prohibited from assigning or transferring your rights under these Terms without obtaining prior written consent from wiCollect.

Conversely, wiCollect has the unrestricted right to assign its rights and obligations.

 

Waiver

The failure of either party to assert a right or enforce a provision does not constitute a waiver of that right or provision.

 

Interpretation

Section headings are for reference only and do not affect the interpretation of these Terms.

(a) “Include,” “includes,” and “including” mean “without limitation.”

(b) “Or” is not exclusive.

(c) “Herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole.

 (d) Defined terms in the singular include their plural forms, and defined terms in the plural include their singular forms, unless the context requires otherwise.

Unless specified otherwise, references in these Terms:

(e) to “Sections” mean the sections of these Terms;

(f) to an agreement, instrument, or document means such document as amended, supplemented, and modified as permitted by its provisions; and

(g) to a statute means such statute as amended and includes any successor legislation and regulations promulgated thereunder.

These Terms will be interpreted without considering any presumption or rule that requires construction or interpretation against the party who drafts an instrument or causes its drafting.

 

Third-Party Beneficiaries

These Terms are intended solely for the benefit of the parties involved, except as explicitly provided in these Terms and Apple’s or Google’s EULA (e.g., Apple or Google as a third-party beneficiary for App Store or Play Store-related terms).

Therefore, these Terms do not create rights for third parties.