Terms of Service
Effective as of: December 10th, 2025.
1. Introduction
These Terms of Service (the “Terms”) form a legally binding agreement between you (referred to as “you,” “your,” or “User”) and Tradible Marketplace Inc., a Delaware corporation (“Tradible,” “we,” “us,” or “our”), governing your access to and use of the Service (as defined below).
Certain features, products, or programs offered by Tradible — including without limitation any Tradible-branded non-fungible token (“Tradible NFT”) or any Tradible profile, page, or channel hosted on a third-party platform (e.g., Discord, X/Twitter, Instagram) — may be subject to additional terms, rules, or policies (collectively, “Supplemental Terms”). Supplemental Terms are incorporated by reference into these Terms. If there is a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will control solely with respect to the applicable feature or program.
By any of the following:
Browsing or using the website available at https://tradible.io/ (the “Website”);
Offering for sale or selling a physical collectible or other eligible asset (each, an “Asset”) through the Service;
Participating in the minting, purchase, acquisition, or sale of a Tradible NFT (either through a primary sale by or via Tradible, or a secondary sale);
Making a purchase from a third party using any Tradible-enabled payment or checkout flow (“Third-Party Purchase”);
Storing an Asset with Tradible or redeeming an Asset from Tradible;
Participating in Tradible’s Discord server or any other official social media property; and/or
Using any other website, application, or product that Tradible makes available (collectively, the “Service”),
you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable Supplemental Terms (together, the “Agreement”). If you do not agree, you must not access or use the Service, including for any purchase or sale of Tradible NFTs or Assets.
The Service includes a marketplace and related tools that enable sellers (“Sellers”) to offer Assets and Tradible NFTs to buyers (“Buyers”), and to facilitate listings, auctions, “vending machine” drops, instant sale / buyback offers, and other similar mechanisms (collectively, the “Marketplace”). Except where Tradible is explicitly identified as the Seller in a particular transaction, all Assets available through the Marketplace are furnished by or on behalf of third-party Sellers. You agree that, except where Tradible is the Seller, Tradible is not a party to, and has no responsibility or liability for, any disputes between you and any Seller (or other User) relating to any Asset, Tradible NFT, or transaction, including any failure to deliver, defects, misdescriptions, or misuse of such Asset.
PLEASE CAREFULLY REVIEW SECTION 23 (DISPUTE RESOLUTION AND ARBITRATION). IT CONTAINS AN ARBITRATION AGREEMENT THAT, WITH LIMITED EXCEPTIONS, REQUIRES DISPUTES BETWEEN YOU AND TRADIBLE TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE RELIEF.
Please also review our Privacy Policy, which describes how we collect, use, and disclose personal information. By submitting any personal data via the Service, you consent to our processing of your information as described in the Privacy Policy.
Tradible may update or modify this Agreement from time to time, in its sole discretion. If we make material changes, we will provide notice, for example by updating the “Last Updated” date at the top of these Terms, sending an email, or providing an in-product notification. By continuing to access or use the Service after such changes become effective, you agree to the revised Agreement. If you do not agree, you must stop using the Service.
2. Our Service
From time to time, Tradible may make available through the Website and associated applications certain original NFTs (“Tradible NFTs”). Each Tradible NFT corresponds to one or more specific Assets (for example, a graded trading card, sealed box, or other physical collectible) as described in the applicable listing (each, an “Asset”).
Each Asset is owned by the individual or entity that lists such Asset for sale via the Service (the “Seller”). When an individual or entity (the “Initial Seller”) wishes to offer an Asset for sale through Tradible, the Initial Seller may use the Service to mint, list, or otherwise make available a Tradible NFT that corresponds to that Asset.
Unless expressly stated otherwise at the point of sale:
Ownership of the Asset is linked to ownership of the corresponding Tradible NFT;
When a Buyer acquires the Tradible NFT through a transaction on the Service, the Buyer also acquires the associated ownership rights in the Asset, subject to these Terms; and
The Initial Seller (and then each subsequent Seller) appoints Tradible (or its designated partners) to receive, store, manage, and ultimately ship or otherwise deliver the Asset, as described in Section 5 (Asset Management Services).
On or before the primary sale of a Tradible NFT, the Initial Seller will deliver the corresponding Asset to Tradible (or a Tradible-approved vaulting or logistics provider) for storage in connection with Tradible’s asset management and vaulting services (the “Asset Management Services,” defined further below). Upon purchase of a Tradible NFT, the Buyer:
Assumes the Seller’s rights and obligations in respect of the Asset under the Asset Management Services; and
May, subject to ongoing compliance with this Agreement (including payment of the applicable Tradible Fee, defined in Section 5):
Continue to keep the Asset vaulted under the Asset Management Services;
Offer for sale and sell the Tradible NFT (and corresponding Asset) to a third party; and/or
Initiate redemption of the Asset (which will typically result in the Tradible NFT being burned or marked as redeemed).
Except where clearly indicated at the point of sale (for example, for house inventory, promotions, or Tradible-owned drops), Tradible is not the Seller of Assets listed on the Service. While we may provide tools, programs, or dispute-assistance mechanisms, we have no control over, and do not guarantee:
The quality, authenticity, or condition of any Assets;
The accuracy or completeness of any Seller listing or description;
That a Seller will complete a transaction or ship any redeemed Asset; or
That a Buyer will complete payment for any Asset or Tradible NFT.
Any pricing guidance, estimated fair market values, or similar data that we may surface (including buyback ranges, pricing bands, or indicative values) is informational only and not a guarantee, appraisal, or offer.
The Service requires the use of a compatible software-based digital wallet that supports NFTs and cryptocurrency (“Wallet”) to interact with on-chain functionality (e.g., minting, transfers). Any blockchain transaction initiated using the Service is ultimately processed and recorded by third-party wallet software and public blockchain networks (currently, one or more EVM-compatible networks such as Base, an Ethereum layer-2 chain). Such third-party wallet providers and networks are subject to their own terms of service and privacy policies.
You acknowledge and agree that:
Your Wallet address and transaction history may be publicly visible on the applicable blockchain;
Tradible does not own, operate, or control any blockchain network or Wallet provider;
Tradible does not possess or control your private keys, passwords, or seed phrases;
Tradible cannot perform transactions on your behalf; and
All on-chain transactions are effected directly by you (or other Users) via the applicable blockchain, which is outside Tradible’s control.
3. Purchase and Sale of Tradible NFTs
All pricing and payment terms for Tradible NFTs are as indicated at the point of sale or otherwise on the Service. When you initiate a purchase, you agree that your payment obligation is binding at that time, in the specified currency (which may be fiat, cryptocurrency, or both, as supported by the Service or third-party payment providers).
You may not substitute or retroactively change the currency of payment. Fluctuations in fiat or crypto exchange rates do not alter your obligation to pay the price displayed at the time of your purchase.
We do not guarantee that any particular Tradible NFT will be available when you attempt to purchase it. All offerings are subject to availability, network constraints, and any limits or program rules imposed by Tradible or its partners.
For a primary sale (for example, a drop or vending-machine pack minted by or via Tradible), the Tradible NFT will typically be minted directly into the Wallet you connect to the Service and use to complete payment.
For secondary sales conducted via Tradible’s Marketplace smart contracts, the Tradible NFT will transfer directly from the current Seller’s Wallet to the Buyer’s Wallet. Except where Tradible is explicitly identified as Buyer or Seller, Tradible does not take custody of, or title to, any Tradible NFT.
You are solely responsible for ensuring that your Wallet or payment method has sufficient funds or credit limits to cover:
The purchase price;
Any third-party processing fees;
Any applicable taxes (as defined below); and
Any network fees (e.g., “gas” fees on the relevant blockchain) (“Network Fees”).
Network Fees are outside Tradible’s control and may fluctuate significantly based on network demand and other factors. Tradible does not receive Network Fees and cannot refund them.
Tradible may add, change, or replace payment processors or accepted currencies at any time. Whether a particular cryptocurrency or payment rail is supported is subject to change, in Tradible’s sole discretion.
We are not responsible for:
Failed payments due to Wallet, network, or payment-processor errors; or
Any inability to complete a transaction arising from issues with the applicable blockchain, Wallet provider, or payment service.
If you have issues with a purchase, you may contact us at hello@tradible.io. We will use commercially reasonable efforts to address issues in accordance with our then-current policies, but we are not obligated to issue refunds except as required by law or explicitly stated in such policies.
You are solely responsible for determining, reporting, and paying all taxes, duties, and similar assessments (excluding Tradible’s income taxes) imposed by any governmental or taxing authority in connection with your use of the Service or any transaction involving Tradible NFTs or Assets (“Taxes”). You agree:
To pay or reimburse Tradible for any Taxes that Tradible is required to collect or remit on your behalf; and
Not to deduct the amount of any such Taxes from payments owed under this Agreement, including Network Fees.
By acquiring a Tradible NFT, you agree to be bound by any terms and conditions that Tradible or the applicable Seller has attached to that NFT (for example, marketplace fees, buyback mechanics, or utility terms), including any ongoing royalty or platform fee (the “Tradible Fee,” as defined in Section 5). You agree to flow down and bind any subsequent purchaser of the Tradible NFT to the same terms.
By listing any Asset or Tradible NFT through the Service, you hereby appoint Tradible as your limited payments agent for the sole purpose of receiving, holding, and settling payments due to you from Buyers. Tradible will process and settle only those amounts that it actually receives, net of Taxes, Tradible Fees, and any other amounts owed under this Agreement. Payment to Tradible by a Buyer is deemed payment to you. If Tradible fails to remit funds that it has actually received and owes to you, your sole recourse is against Tradible, not the Buyer.
4. Initial Seller Obligations
When an Initial Seller lists an Asset for sale on the Service and mints or uses a Tradible NFT for that Asset, the Initial Seller represents and warrants that:
They are the lawful owner of the Asset;
They have all rights necessary to list the Asset on the Service and to mint or associate a Tradible NFT with that Asset;
They will not simultaneously list or sell the same Asset through any other marketplace or channel while the corresponding Tradible NFT is listed for sale via Tradible; and
The Asset and its listing comply with Tradible’s then-current policies, including any listing standards, condition requirements, authenticity requirements, and prohibited-items lists.
On or before the primary sale of a Tradible NFT, the Initial Seller must deliver the corresponding Asset to Tradible or to a Tradible-designated vaulting / logistics provider. The Initial Seller is solely responsible for any loss of, or damage to, the Asset prior to confirmed receipt by Tradible or its designated partner.
Subject to separate written agreement between Tradible and the Initial Seller, an Initial Seller may be entitled to a share of certain fees or revenue Tradible receives from the Asset Management Services for Assets originally provided by that Initial Seller (an “Initial Seller Revenue Share”). Any such terms will be set forth in a separate written arrangement between Tradible and the Initial Seller.
Each Initial Seller must provide a compatible Wallet address and accurate payment and tax information in order to receive any distributions. Tradible is not responsible for losses arising from incorrect or incomplete Wallet addresses or payout details supplied by the Initial Seller.
Tradible reserves the right, but not the obligation, to verify the provenance, authenticity, and condition of Assets delivered by Initial Sellers. If Tradible reasonably determines that an Asset does not conform to the listing description, to Tradible’s standards, or to applicable law or policy, Tradible may:
Decline to accept the Asset;
Return the Asset to the Initial Seller at the Initial Seller’s expense; and/or
Cancel or refund any pending sale or mint related to the Asset, in accordance with Tradible’s policies.
You acknowledge and agree that you, and not Tradible, are responsible for providing any non-technical support or disclosures owed to Buyers of Tradible NFTs or Assets you list. Tradible may choose to provide technical support related to use of the Service, but has no obligation to do so.
In the event of any dispute between you and any third party related to Assets or Tradible NFTs you list or sell (including disputes with Buyers, payment processors, or logistics providers), Tradible is not a party to the dispute. You are solely responsible for resolving such disputes.
Tradible may suspend or terminate any Initial Seller’s access to the Service, or ability to list Assets, at any time, with or without notice, if Tradible reasonably believes that:
You have breached this Agreement or any applicable law; or
It is necessary or appropriate to protect Tradible, Users, or third parties; or
Tradible is discontinuing or modifying the relevant Service.
5. Asset Management Services
As part of the Service, Tradible offers Asset Management Services in connection with Assets that correspond to Tradible NFTs. These services generally include:
Receiving Assets from Initial Sellers;
Storing and safeguarding Assets on behalf of the then-current owner of the corresponding Tradible NFT;
Enabling listing, relisting, and on-chain transfer of Tradible NFTs that correspond to those Assets; and
Coordinating shipment or release of Assets to the then-current owner of the corresponding Tradible NFT upon redemption or other authorized request.
Each purchase or sale of a Tradible NFT via the Service is subject to a fee payable to Tradible for the Asset Management Services and related marketplace functionality (the “Tradible Fee”). The Tradible Fee is typically a percentage of the total transaction price and is deducted from the gross amount paid by the Buyer before settlement to the Seller. Tradible may adjust the Tradible Fee schedule at any time, with changes applying prospectively.
Tradible will maintain constructive possession or control of Assets delivered to it, directly or through vetted third-party vaulting, warehousing, and logistics providers, until:
The corresponding Tradible NFT is redeemed and the Asset is shipped or otherwise released to the NFT holder; or
The Asset is otherwise handled in accordance with this Agreement or applicable law.
Tradible uses commercially reasonable efforts and industry-standard practices to maintain the integrity and security of Assets held under the Asset Management Services. Tradible may maintain insurance or other risk-management arrangements that it deems appropriate, but does not guarantee that any particular Asset or category of Assets will be insured at a particular value or against any particular risk. To the maximum extent permitted by law, Tradible will not be liable for any loss, damage, or destruction of Assets except to the extent directly caused by Tradible’s gross negligence or willful misconduct.
Assignment of Asset Management Agreement
When you sell a Tradible NFT, you represent and warrant to Tradible and to the Buyer that:
You do not owe any outstanding fees or charges in respect of the Asset Management Services related to that Asset; and
You agree that, upon completion of the sale and receipt of the Tradible Fee, your agreement with Tradible for Asset Management Services relating to that Asset (the “Assumed Contract”) is assigned by way of novation to the Buyer, and you are released from further obligations under the Assumed Contract (other than any obligations that, by their nature, survive).
When you purchase a Tradible NFT, you acknowledge and agree that:
The Seller is released from the associated Assumed Contract in respect of the Asset corresponding to that Tradible NFT;
You assume, by way of novation, the Seller’s rights, obligations, and liabilities under the Assumed Contract with Tradible for that Asset; and
You enter into a direct, binding legal agreement with Tradible for the Asset Management Services as to that Asset.
You may terminate your Assumed Contract as to a given Asset by either:
Selling the associated Tradible NFT (which transfers the Assumed Contract to the Buyer by novation); or
Redeeming the Asset (which typically results in the corresponding Tradible NFT being burned or otherwise marked as redeemed and no longer transferable).
Redemption and Shipment
Following your purchase of a Tradible NFT, you may request redemption and physical delivery of the associated Asset through the Website or any other mechanism Tradible specifies. As a condition of redemption, Tradible may require:
Verification of your identity and eligibility to use the Service;
Confirmation that you are the current lawful holder of the relevant Tradible NFT; and
Payment of any applicable redemption fees, including Taxes, shipping, handling, insurance surcharges, or customs duties.
Upon redemption and successful verification, Tradible will coordinate shipment of the Asset to you. The corresponding Tradible NFT will generally be burned or otherwise permanently disabled.
Redemption fees and associated charges (including shipping and Taxes) may vary by Asset, destination, and carrier and are determined in Tradible’s discretion. Applicable fees will be disclosed to you at or before the time of redemption. Fees and available shipping options are subject to change at any time.
6. Third-Party Purchases
From time to time, Tradible may provide services or infrastructure that allow third-party sellers or brands to offer their own NFTs or related products to end users via checkout flows powered by or integrated into Tradible (each, a “Third-Party Purchase” and such functionality, the “Third-Party Purchase Service”).
Unless explicitly stated otherwise in the applicable listing:
Tradible is not the seller or offeror of such third-party NFTs or any physical items, content, or artwork associated with them (collectively, “Offeror Materials”);
Tradible may provide technical integrations but does not guarantee authenticity, legality, or quality of any Offeror Materials; and
You bear full responsibility for evaluating the identity, legitimacy, and authenticity of any Offeror or Offeror Materials.
Any Third-Party Purchase you make is solely between you and the third-party offeror (“Offeror”). Tradible is not a party to those contracts and does not transfer legal ownership of Offeror NFTs or Offeror Materials.
Notwithstanding any terms published by any Offeror, Tradible has no obligation to facilitate returns, refunds, exchanges, or warranty claims relating to Third-Party Purchases, except to the limited extent required by law or specified in Tradible’s own written policies.
7. Secondary Market Sales of Tradible NFTs
You may be able to sell, trade, transfer, or otherwise dispose of Tradible NFTs on one or more third-party, smart-contract-enabled secondary marketplaces, platforms, or exchanges (collectively, “Secondary Marketplaces”), subject to:
The technical compatibility of the relevant Tradible NFTs with such Secondary Marketplaces; and
The then-current terms and conditions of such Secondary Marketplaces.
Tradible does not guarantee that Tradible NFTs will be compatible with, visible on, or tradable on any particular Secondary Marketplace, nor that any particular Secondary Marketplace will be available, secure, or reliable.
Any sale or transfer of a Tradible NFT via a Secondary Marketplace (each, a “Secondary Sale”) is strictly between the applicable buyer and seller. Tradible:
Is not a party to any Secondary Sale;
Has no control over and no responsibility for Secondary Marketplace rules, fees, or functionality; and
Has no liability for any loss or dispute arising from Secondary Sales, including failed or reversed transactions, smart contract vulnerabilities, or Marketplace downtimes.
You acknowledge that Secondary Sales of Tradible NFTs may be subject to an ongoing Tradible Fee (e.g., royalty or platform fee) that is automatically deducted by the applicable smart contract and routed to Tradible, regardless of which Secondary Marketplace is used.
8. User Agreements, Representations, and Warranties
To use the Service, you must be at least eighteen (18) years of age or the age of majority in your jurisdiction and capable of forming a binding contract.
By using the Service, you agree that you will:
Provide accurate, current, and complete information when requested (e.g., during onboarding, KYC, tax collection, or Wallet linkage);
Maintain and promptly update such information as necessary;
Maintain the security and confidentiality of your Wallet credentials, payment methods, and any login or access credentials used with the Service;
Accept all risks of unauthorized access to your Wallet, accounts, and information; and
Notify Tradible immediately if you become aware of any actual or suspected security breach, unauthorized access, or other compromise related to your use of the Service.
You further agree that you will not:
Buy, sell, rent, or lease access to the Service without our prior written consent; or
Access or attempt to access the Service via any unauthorized third-party application, client, or interface.
Compliance, Verification, and KYC
Tradible may, from time to time, request additional information or documentation from you, including:
To comply with applicable law, regulation, or internal policy (e.g., AML, CTF, sanctions compliance);
At the request of competent authorities; or
Where Tradible reasonably believes that your Wallet or account may be used for unlawful activity, involve false or misleading information, or otherwise be in breach of this Agreement.
In such cases, Tradible may pause, restrict, or cancel your access to certain Service features (including transactions or withdrawals) while it reviews the requested information. If you fail to provide complete and accurate information in a timely manner, Tradible may deny or terminate your access to the Service and may decline to process current or future transactions.
User Representations and Warranties
Without limiting the foregoing, you represent and warrant to Tradible and its affiliates that:
Authority. You have the legal capacity, power, and authority to enter into and perform your obligations under this Agreement, including the right to mint, list, buy, or sell any Tradible NFTs you transact in.
Enforceability. This Agreement constitutes your valid, binding, and enforceable obligation.
Accuracy. All information you provide to Tradible (including Wallet address, identity information, and tax details) is truthful, current, and complete.
Sanctions. You are not:
Located in, under the control of, or a national or resident of any territory subject to a U.S. trade embargo (currently including, without limitation, Cuba, Iran, North Korea, Syria, and certain regions of Ukraine); or
Listed on any U.S. or other applicable government sanctions or restricted-party lists.
Non-Contravention. Your use of the Service, including buying and selling Tradible NFTs, does not and will not:
Violate any applicable law, order, or regulation;
Breach any contract or agreement to which you are a party; or
Infringe the rights of any third party.
Independent Investigation. You understand the risks associated with NFTs and cryptoassets and have made your own independent decision to use the Service. You have not relied on any statement, representation, or omission by Tradible as legal, tax, or investment advice.
Litigation and Compliance. No legal proceeding is pending or, to your knowledge, threatened relating to your digital asset activities; and you are not under any order that prohibits or restricts your use of blockchain technologies, NFTs, or the Service.
Insolvency and Return of Physical Assets
In the event of Tradible’s insolvency, bankruptcy, or cessation of operations, Tradible intends to establish procedures to support Users in reclaiming physical Assets held in vaults or by logistics partners. To participate in any such process, you may be required to:
Verify your identity and ownership of the relevant Tradible NFTs or Assets; and
Pay applicable shipping costs, Taxes, and related charges.
Any such process may be time-limited and subject to court oversight, creditor rights, and applicable insolvency laws. Tradible does not guarantee any particular outcome or timeline and will not provide monetary reimbursement or compensation beyond facilitating, where legally and practically feasible, the return of Assets to their verified owners.
Auctions
Tradible may offer auction formats, including regular and “premium” / high-end auctions (collectively, “Auctions”). By participating in any Auction, you agree to the following, in addition to any Auction-specific rules provided at the time:
Verified Phone Number. Tradible may require you to associate and verify a phone number with your account to bid in Auctions.
Binding Bids. All bids you place in an Auction are binding and final. You are responsible for ensuring that you have sufficient funds or credit to complete the purchase before placing a bid.
Proof of Funds. Tradible may request proof of funds at any time, including evidence of:
Sufficient USDC (or other supported crypto) in a Wallet you control; and/or
Sufficient funds in a bank or payment account you control. Tradible may reject or cancel bids if satisfactory proof of funds is not provided.
Payment and Non-Payment. If you win an Auction, you must pay in full within the period stated in the Auction terms (for example, within seven (7) days after the Auction closes). Failure to timely pay may result in:
Cancellation of the transaction;
Suspension or termination of your Tradible account; and/or
A ban from future auctions or Service features.
Drops & Vending Machine / Pack Products
Tradible may offer “drops,” vending-machine style products, or digital “packs” that contain random cards or Assets (collectively, “Packs”).
By purchasing or opening any Pack, you acknowledge and agree that:
Randomization. Each Pack is sold for a fixed price and contains one or more Assets selected at random according to the rules disclosed in the listing. You cannot choose which specific Asset(s) you will receive.
Sealed Packs and Auto-Reveal. Packs may have rules regarding when and how they can be opened, including:
Time-locked “sealed” periods when Packs cannot be opened;
Windows during which you may choose to open the Pack yourself; and
Automatic reveal after a designated period, at which time Tradible may open the Pack on your behalf and assign the resulting Tradible NFTs or Assets to your account.
Instant Sale / Buyback Offer. For certain products, Tradible may present you with an optional instant sale / buyback offer at a specified percentage of the card’s or Asset’s fair market value, as advertised in the product description. If you accept such an offer:
Tradible (or its designated entity) will acquire the relevant Asset / NFT from you; and
The applicable proceeds (e.g., USDC) will be credited to your Tradible account or Wallet for use on the Service or for other uses as permitted.
Fair Market Value Determination. Any fair market value used in connection with instant sale or pricing guidance is determined solely by Tradible, in its discretion, using models and data sources that Tradible may change at any time. Tradible does not guarantee that its fair market value assessments are accurate, consistent, or aligned with third-party marketplace prices, and Tradible is under no obligation to disclose its valuation methodology.
Best-Effort Offer. Instant sale / buyback offers are best-effort, limited in duration, and subject to capacity constraints. Tradible does not guarantee that an offer will always be available, that it will be processed within a particular time frame, or that it will be presented for every card or Pack.
All Sales Final. Unless expressly stated otherwise in the listing or required by applicable law, all Pack purchases are final and non-refundable. Once a Pack is purchased and opened (whether by you or via auto-reveal), you may:
Accept any available Tradible buyback offer;
List and sell the resulting Tradible NFT(s) or Asset rights on the Marketplace;
Transfer the Tradible NFT(s) to another account or Wallet; or
Redeem underlying Assets (subject to fees).
No Guarantees. Tradible makes no guarantees regarding:
The specific Asset(s) you will receive from any Pack;
The fair market value of any Asset or card; or
The availability, timing, or terms of any buyback offer.
9. Consent to Electronic Communications
By contacting Tradible (including via email or social media) or by using the Service, you consent to receive electronic communications from Tradible, including:
Transactional communications related to your use of the Service;
Legal notices; and
Service-related announcements.
You agree that all such electronic communications satisfy any legal requirements that communications be in writing. You are responsible for maintaining copies of electronic communications for your records.
10. Ownership of the Service and Content
Unless otherwise indicated in writing, the Service and all content included therein, including without limitation:
Tradible’s name, logo, and brand elements;
Designs, text, graphics, images, information, data, software, sound files, and other materials; and
The selection, coordination, and arrangement of such materials
(collectively, the “Content”) are owned by Tradible or its affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.
“Tradible” and any Tradible product or service names, logos, or slogans that appear on the Service are trademarks of Tradible or its affiliates. You may not use Tradible’s marks in any manner without Tradible’s prior written consent. All other trademarks, product names, or logos on the Service are the property of their respective owners.
If you submit any ideas, suggestions, documents, or proposals regarding the Service (“Feedback”), you do so voluntarily and at your own risk. You agree that Tradible has no obligations with respect to such Feedback and that Tradible is free to use it in any manner without obligation, including without limitation to improve the Service or develop new products.
11. License to the Service and Content
Subject to your compliance with this Agreement, Tradible grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and Content for your personal, non-commercial use. This license does not include the right to:
Sell, resell, or commercially exploit the Service or Content;
Publicly perform or display Content except as expressly authorized;
Modify or create derivative works based on the Service or Content;
Use data mining, robots, or similar data-gathering or extraction methods;
Download (other than page caching) or store any significant portion of the Service or Content; or
Use the Service or Content for any purpose other than their intended use.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service for non-commercial purposes, provided your link does not portray Tradible or its products in a false, misleading, derogatory, or otherwise offensive manner. Tradible may revoke this right at any time.
Tradible may, at any time and without liability, modify, suspend, or discontinue any aspect of the Service, including by:
Upgrading or modifying smart contracts or integrations;
Deactivating or deleting Content; or
Restricting access to Tradible NFTs or features believed to be abandoned, misused, or obtained in violation of this Agreement.
12. User Content
You may be able to create, upload, post, or otherwise make available content through the Service, including listing descriptions, images, usernames, or posts on Tradible-managed social channels (“User Content”).
By making User Content available, you grant Tradible a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, adapt, modify, derive from, publicly perform, and publicly display such User Content in connection with:
Operating and providing the Service;
Improving and developing Tradible’s products and services; and
Advertising and promoting Tradible, the Service, and related offerings.
You also grant other Users a non-exclusive license to access and use your User Content through the Service as permitted by the Service’s functionality and this Agreement.
You are solely responsible for your User Content and represent and warrant that:
You own or have sufficient rights to your User Content to grant the licenses above; and
Your User Content does not infringe any third-party rights or violate any law or this Agreement.
Tradible reserves the right, but has no obligation, to review, monitor, or remove User Content at its discretion.
13. Third-Party Services and Links
The Service may contain links to or integrations with third-party websites, applications, services, or content (“Third-Party Services”). When you access Third-Party Services, you are subject to the terms and conditions of those providers, not Tradible.
Tradible does not control and is not responsible for Third-Party Services, including:
Their content, products, or services;
Their privacy and data-handling practices; or
Any loss or damage arising from your use of them.
You access Third-Party Services at your own risk and should review their applicable terms and policies.
14. Acceptable Use Policy
You agree that you are responsible for your conduct while using the Service. Without limiting the foregoing, you agree that you will not (and will not attempt to):
Provide false, misleading, or incomplete information to Tradible;
Use another User’s Wallet or account without authorization;
Create, list, or trade counterfeit or fraudulent NFTs or Assets;
Impersonate any person or entity;
Interfere with or disrupt the Service or other Users’ enjoyment of the Service;
Reverse engineer or attempt to discover any source code or underlying ideas of the Service;
Circumvent security or access-control measures;
Use any scraper, crawler, or automated means not authorized by Tradible to access the Service or extract data;
Harvest or use information from the Service for unsolicited marketing;
Use the Service for any unlawful purpose or in violation of any law, including anti-money-laundering, sanctions, and securities laws;
Use the Service to engage in market manipulation or abusive trading practices, including “wash trading,” “pump and dump,” or other deceptive schemes; or
Use the Service to facilitate unregistered securities offerings, debt financings, equity financings, or other regulated financial activities without appropriate licenses.
15. Copyright Complaints
Tradible may terminate the access of Users who infringe the intellectual property rights of others. If you believe content on the Service infringes your copyright, you may submit a notice including:
Your physical or electronic signature;
Identification of the copyrighted work claimed to have been infringed;
Identification of the infringing material and its location on the Service;
Your contact information;
A statement that you have a good-faith belief the use is not authorized; and
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized agent.
Copyright notices may be sent to hello@tradible.io with the subject line “Copyright Notice.”
16. Investigations
Tradible may, but is not obligated to, investigate any suspected violation of this Agreement. Tradible may:
Refer suspected violations to law enforcement or regulators;
Disclose information to comply with legal obligations; or
Take any action it deems appropriate to protect the Service, Users, or third parties, including suspending or terminating accounts or access.
You acknowledge that you have no expectation of privacy regarding your use of the Service, except as required by applicable law and as set out in our Privacy Policy.
17. Release
To the fullest extent permitted by law, you hereby release Tradible and its officers, directors, employees, agents, and affiliates (the “Tradible Entities”) from any and all claims, demands, and damages arising out of or related to:
Your interactions with other Users;
Your use of the Service; or
Your dealings with third parties, including Sellers, Buyers, Offerors, or providers of Third-Party Services.
If you are a California resident, you expressly waive California Civil Code § 1542 and any similar law, which provides that a general release does not extend to claims that the releasing party does not know or suspect to exist at the time of release.
18. Assumption of Risk Related to NFTs and Digital Assets
You acknowledge and agree that there are substantial risks associated with NFTs, cryptoassets, and related technologies, including without limitation:
Volatility in prices and valuations;
Regulatory uncertainty;
Technological vulnerabilities, including smart contract bugs, hacking, and network failures;
Risks of loss of private keys, Wallet access, or credentials;
The possibility that Assets or NFTs may lose some or all of their value or liquidity.
You are solely responsible for evaluating these risks and for any decisions you make regarding Tradible NFTs, Assets, or the Service.
19. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Tradible Entities from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Service, Content, Tradible NFTs, or Assets;
Your User Content or Feedback;
Your violation of this Agreement or any applicable law;
Your infringement or violation of any third-party rights; or
Any dispute between you and another User or third party.
20. Tax Compliance and Prohibited Transactions
You are strictly prohibited from using the Service to engage in tax evasion or any fraudulent scheme, including:
Creating multiple accounts to artificially reduce the apparent sale price of Assets;
Transferring Assets or NFTs between related accounts at unreasonably low prices for the purpose of lowering reported values before requesting redemption or shipment.
Tradible reserves the right to investigate and, where appropriate, report suspicious activity to tax authorities or other competent agencies. Violations may result in account suspension, termination, cancellation of transactions, and other remedial actions.
21. Disclaimers
THE SERVICE, CONTENT, ASSET MANAGEMENT SERVICES, AND ALL TRADIBLE NFTS AND ASSETS MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADIBLE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TRADIBLE DOES NOT WARRANT THAT:
THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
ANY ERRORS OR DEFECTS WILL BE CORRECTED; OR
ANY CONTENT OR DATA OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU USE THE SERVICE AT YOUR OWN RISK.
22. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TRADIBLE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF TRADIBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, TRADIBLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) US$100, OR (B) THE AMOUNT OF FEES RETAINED BY TRADIBLE IN THE TRANSACTION OR INCIDENT GIVING RISE TO THE CLAIM.
23. Dispute Resolution and Arbitration
This section contains an arbitration agreement that affects your legal rights. Please read it carefully.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Service will be resolved by binding individual arbitration administered by JAMS, under its applicable rules, rather than in court, except that you may bring qualifying claims in small-claims court and either party may seek injunctive or equitable relief for intellectual property matters.
YOU AND TRADIBLE AGREE TO ARBITRATE ONLY ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED.
You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to hello@tradible.io clearly stating your desire to opt out.
24. General
Export Controls. You agree to comply with all applicable export control and sanctions laws.
Governing Law. This Agreement and any non-arbitrable disputes will be governed by the laws of the State of Delaware, without regard to conflict-of-laws rules.
Jurisdiction. For non-arbitrable disputes, you agree to the exclusive jurisdiction of the state and federal courts located in Dover, Delaware.
Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
Assignment. You may not assign or transfer this Agreement without Tradible’s prior written consent. Tradible may freely assign this Agreement.
No Waiver. Tradible’s failure to enforce any right or provision will not be deemed a waiver of such right or provision.
Entire Agreement. This Agreement, together with any Supplemental Terms, constitutes the entire agreement between you and Tradible regarding the Service.
25. Giveaways, Promotions, and Sweepstakes
From time to time, Tradible may run giveaways, contests, sweepstakes, point programs, or similar promotions (collectively, “Promotions”). Promotions are subject to:
These Terms;
Any Promotion-specific official rules or terms (“Official Rules”); and
Any applicable laws and regulations.
If there is a conflict between Official Rules and these Terms, the Official Rules will control for that Promotion.
Unless otherwise stated:
No purchase is necessary to enter or win a Promotion;
Alternative methods of entry (AMOE), if applicable, will be described in the Official Rules; and
The odds of winning depend on the number of eligible entries received.
Tradible reserves the right to cancel, suspend, or modify any Promotion where required by law or in cases of fraud, technical failure, or other factors beyond its reasonable control.
26. Contact Information
If you have questions or concerns about the Service or this Agreement, you may contact us at:
Email: hello@tradible.io
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