PPATRA Terms of Service

PPATRA

Terms of Service

Effective Date: 19 August 2025

Version: 1.0

I. Introduction

Welcome to PPATRA! PPATRA is a decentralized, curated, and smart contract-powered digital art ecosystem operating on the Avalanche blockchain. PPATRA.com (the “Site”) is a web-based display interface that helps users interact with the PPATRA Protocol (the “Protocol”) to directly connect with other users on a peer-to-peer basis to mint, sell, buy, curate, display, auction, and interact with digital art published to the Avalanche blockchain as non-fungible tokens (“NFTs”). The Site is owned, controlled, and operated by PPATRA, a company organized under the laws of the State of Georgia (“the Company”, “we”, “us,” or “our”).

Please read these Terms carefully. Aspects of these Terms limit certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in American Arbitration Association Consumer Arbitration rules, and the right to certain remedies and forms of relief.

A. These Terms Set Forth a Legally Binding Agreement

These Terms of Service (“Terms” or “Agreement”) are entered into between You (the “Creator”, “Owner”, “Space Operator”, “Curator”, as the case may be, and collectively with others using the Site – “Users”) and the Company. Different titles for Users may be used throughout these Terms based on your use of, status within, or interaction with the Protocol or Site, but all aspects of these Terms apply to You – the User – to the fullest extent afforded by law and common sense. These Terms govern your access to and use of the PPATRA.com Site(s), your interaction with the Protocol to the extent accessed through the PPATRA.com Site(s), and any other software, websites, applications, APIs, webtools, third-party tools, forums, venues, smart contracts, features, or functionalities provided on or in connection with the PPATRA Site(s) and all successor Site(s) thereto (collectively, the “Services”). Without limitation, these Terms govern your voluntary use of our Services to mint NFTs and connect directly with others to purchase, sell, curate, or transfer NFTs on the Avalanche blockchain through our Services. For the purposes of these Terms, “you” includes both you, the person or entity, and your digital wallet.

You acknowledge and reaffirm your agreement to these terms each time you access the Site, use the Services, connect your digital wallet using the Site, initiate transactions from your digital wallet through the Site, or otherwise invoke or interact with any aspects of the Protocol through the Site. You must immediately discontinue your access and use of the Site if you do not agree to these terms.

The Company reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service. We sometimes need to provide additional terms for specific services (and all such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available in connection with the relevant service and hereby incorporated by reference, then become part of your agreement with us if you use those Services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

Our Privacy Notice, PPATRA Community Guidelines, Auction Terms of Service, Copyright Community Guidelines, Space Operator Terms and Guidelines, and all such additional terms, guidelines, and rules are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by You.

B. The Company Is a Non-Custodial Service Provider

The Company does not ever have possession, custody, or control of your digital wallet, NFTs, or other assets held in your digital wallet, nor does it stand as an intermediary, processor, escrow agent, or direct beneficiary of any transactions conducted by you involving other users of the Service or Protocol. The Company is not a party to any agreement or transactions involving you and other users or assets. Your technical, legal, property, and economic interests, relationships, or rights as between you and other users of the Service are facilitated exclusively by the non-custodial smart contracts comprising the PPATRA Protocol, or your own voluntary actions, which the Company does not control. The Company is not a wallet provider, exchange, broker, financial institution, money services business, trust, or creditor.

C. Legal Capacity To Use the Services

You expressly represent and warrant that you have the right, authority, and capacity to enter into this agreement on behalf of yourself and any third-party individual or organization for which you are acting as an authorized agent. You expressly represent and warrant that you are over the age of majority in your jurisdiction and at least over the age of thirteen (13). If you are under eighteen (18) years old, you may only use the Services through a parent or guardian’s Account and upon their separate agreement to these Terms. It is prohibited to use our Service if you are under thirteen (13) years old. Parents and guardians should be aware that some of the third-party Creator content provided through the Service may be “not safe for work” (“NSFW”).

If you use our Services on behalf of a company, DAO, or any other type of entity, then “you” includes you and that entity, and you represent and warrant that: (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms, (ii) you are authorized by the entity to initiate transactions and interact with the Protocol from your digital wallet on behalf of the entity; and (iii) you agree to these Terms on the entity’s behalf. If you utilize “bots,” “spiders,” “smart contracts,” or other technical instruments or agents to use our Services, then “you” includes you and that technical instrument or agent. Further, you bear all responsibility and liability stemming from the use of such technical instruments.

D. Data Privacy

Our Privacy Notice found at https://ppatra.com/privacy describes the ways we collect, use, store, and disclose your personal information, and is hereby incorporated by this reference into these Terms. In addition to these Terms, you agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy. To exercise your right to be forgotten, please use the form available at https://ppatra.com/forget. For all other questions regarding your account, please visit our help center at https://help.ppatra.com/en/.

E. Your Responsibilities

In addition to other responsibilities and obligations provided in these Terms, you are solely responsible for evaluating and discharging any applicable legal obligations and requirements that may apply to your voluntary use of the Services. Without limitation, you are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. The Company is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your assets or NFTs. Nothing in these Terms should be construed as legal advice, tax advice, investment advice, or a legal opinion.

II. Accessing and Using The Service

A. Connect your Wallet

To create an Account and enjoy full functionality of our Services, you must connect your third-party Avalanche-compatible digital wallet on a supported bridge extension, MetaMask. By connecting your digital wallet to the Site, you expressly represent that you are the lawful and rightful owner of the digital wallet. You are required to authenticate ownership of your digital wallet before you can perform transactions through the Services by cryptographically verifying, through your third-party bridge extension, your possession of the digital wallet’s associated passphrase. Your digital wallet transactions are broadcasted to the Avalanche blockchain through the applicable third-party bridge extension, which facilitates transactions on your behalf. By using your digital wallet in connection with the Services, you agree that you are using that wallet lawfully and under the terms and conditions of the applicable third-party wallet provider. Your digital wallet and all assets held therein are your personal property, and not the property of the Company. The Company has no responsibility or technical ability to manage, modify, secure, or perform transactions on behalf of your digital wallet. Please see the help section on wallets and setting up your account at https://help.ppatra.com/en/wallets.

B. Your Wallet is Your Sole Responsibility

You are solely and exclusively responsible for the security and management of your digital wallet(s). For your safety and the safety of other Users, you agree to maintain reasonable security measures over your digital wallet, make best efforts to avoid potential scams which may compromise the security of your wallet or others, and to preserve the utmost secrecy of your digital wallet’s private key, passphrase, seed phrase, your Account details, passwords, and any other information that you use to access your digital wallet or the Account. You are solely responsible for ensuring that the Account(s) registered in association with your digital wallet will not be used by any unauthorized person(s) or entities. The Company accepts no responsibility for, and disclaims all liability to you, in connection with the security of or your use of your digital wallet and disclaims any responsibility or obligation to assist or remedy you in the event of a breach of your digital wallet’s security. You are solely responsible for your Account and any associated digital wallet. We are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or digital wallet being compromised. Further, you agree that you may be liable to the Company, other Users, or other third parties for harm or losses arising from acts or omissions by you related to the security of your digital wallet.

You agree to notify us immediately of any breach of security, loss, theft, or unauthorized use of your digital wallet or Account by filling out the form at https://ppatra.com/security.

C. You Must Obey the Law

You represent and warrant that you will use our Services only for purposes that are legal, proper, in accordance with these Terms, and in strict compliance with all applicable laws (e.g., local, state, federal, and the laws of other jurisdictions). Without limitation, you represent and warrant that you will not directly or indirectly through or in connection with our Services: (i) send, mint, publish, upload, distribute, or disseminate any unlawful, infringing, defamatory, harassing, abusive, fraudulent, obscene, pornographic, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate the Company or another person (via the use of an email address or otherwise) or use deceptive means to obtain access to a third party’s digital wallet; (v) defraud the Company, other Users, or any other person or provide false, inaccurate, or misleading information; (vi) violate the intellectual property rights, property rights, privacy rights, or other legal rights of others; (vii) engage in, promote, solicit, or otherwise encourage illegal activity (including, without limitation, terrorism, tax evasion, theft, or money laundering); (viii) interfere with another user’s access to or enjoyment of the Services; (ix) defame, abuse, extort, stalk, threaten, or otherwise harass other Users; (x) incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; (xi) harvest or collect personal information about other Users without their consent; (xii) create user accounts or interact with the Services by automated means or under false or fraudulent pretenses; (xiii) exploit the Services for any unauthorized commercial purpose; (xiv) modify, adapt, translate, or reverse engineer any portion of the Services; (xv) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services; and (xvi) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about Users for any unauthorized purpose.

D. Prohibited Persons

You represent and warrant that: (i) you are not located in, ordinarily reside in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo (“Embargoed Jurisdiction”); (ii) you and your digital wallet are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”); (iii) you are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction; (iv) you, your digital wallet, and none of your officers, managers, directors, shareholders, or authorized representatives are subject to Sanctions, are listed on OFAC’s Specially Designated Nationals and Blocked Persons List, or are located in, ordinarily reside in, or organized under the laws of, any Embargoed Jurisdiction, or are owned or controlled, directly or indirectly, by any person that is subject to Sanctions or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction (collectively, “Prohibited Persons”); (v) you have not received assets (i.e., NFTs, AVAX, USDC, etc.) directly or indirectly from any Prohibited Persons, digital wallets, or smart contracts identified by the U.S. Government as existing for the primary purpose of facilitating illegal activity. You further covenant that the foregoing shall be true during the entire period of this agreement. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory, or jurisdiction does not violate these Terms or any applicable laws.

The Company may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of the law or these Terms. In such cases, the Company, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by the Company. If you do not provide complete and accurate information in response to such a request, the Company may refuse to restore your access to the Service in its sole discretion.

E. The Services are Property of the Company

You acknowledge and agree that we own all legal rights, title, and interest in and to all aspects of the Site and Services, unless otherwise provided herein. The graphics, design, systems, images, logos, methods, information, articles, page headers, icons, scripts, templates, code, software, services, “look and feel,” organization, compilation of content on the Services, data, and all other elements or other intellectual property comprising Services (collectively, the “Company Materials”) are the Company’s property. The Company Materials are protected and may be enforced through copyright, patent, trademark, trade dress, international conventions, and other applicable laws. The “PPATRA” name, logos, trademarks, and any of the Company’s other product or service names, designs, logos, and slogans (i.e., “ArtPulse,” “CreateUnique”) associated with or present through our Services are the intellectual property of the Company (or our affiliates or licensors) and may not be copied, imitated, or used, in whole or in part, without our prior written permission in each instance. Your use of the Services does not grant you ownership of or any other rights with respect to any content, code, data, content, or other materials that you may access on or through the Services. We reserve all rights in and to the Company Materials not expressly granted to you in the Terms. All other third-party trademarks, content protected by copyright, registered trademarks, and product names mentioned in association with the Services or contained in the content linked to or associated with any NFTs displayed on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by the Company.

F. Your License to the Services and Content

You are hereby granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable, and personal license to access and use the Services provided subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of our Services, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service in each case for the sole purpose of enabling you to use the Service as permitted by these Terms. Your access and use of the Services may be interrupted from time to time for any reason, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services, the Company’s enforcement of these Terms, or other actions that the Company may make in its sole discretion.

G. Removing Content from the Site

The Company reserves the absolute right to remove, rescind, modify, suppress, or alter any aspects of the Services in its sole discretion, including but not limited to removing content associated with NFTs that are: (i) involved in an actual or suspected violation of these Terms or the law; (ii) that were stolen or otherwise unlawfully obtained; or (iii) that were involved in a verified, unlawful exploit of a User’s wallet. The Company will make best efforts to, but assumes no obligation to, provide notice of content removal to affected Users (i.e., NFT Creators, NFT Owners). The Company assumes no obligation or duty to remove or modify content from the Services for any reason except as required by law.

H. User Accounts

Usernames associated with PPATRA Accounts are available on a first-come, first-served basis. Only one unique username can be assigned to each respective Avalanche digital wallet address. You must provide accurate, updated, and complete registration information when you create an account. As between you and the Company, usernames and accounts are not your intellectual property or personal property. The Company reserves the unilateral right to terminate, modify, suspend, or restrict your username or your access to your account and the Services if we suspect that the account has been compromised, is inactive, has been or will be used for any illegal, fraudulent, or unauthorized purposes, or if the account has been involved in an actual or suspected violation of these Terms. Under no circumstances shall the Company be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities) suffered by you or any other person or entity due to any such termination, suspension, modification, or restriction of access to your account. Notwithstanding the foregoing, the Company has no right or technical ability to interfere with your lawful possession or enjoyment of your NFTs or digital wallet, which does not depend on your ability to access the Services.

(A) Username Squatting

The Company prohibits username squatting and the practice of reserving usernames for future use, especially where there is a likelihood that the username may confuse or mislead others. Users in violation of the squatting policy may be removed from the Services or renamed without notice. Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are prohibited and may result in permanent account suspension. Users who take the names of well-known artists or third parties are presumed to be squatting and may have their accounts terminated, suspended, or restricted in the Company’s sole discretion without notice.

(B) Inactive Accounts

We value active participation in the PPATRA ecosystem and discourage the creation of user accounts unless you have a bona fide intent of actually using the Site. The Company may delete or modify inactive user accounts in its sole discretion. Your account is not inactive if you have ever collected, sold, or minted any NFTs through the Site. Without limitation, your account is presumed to be inactive if, for a period of at least six (6) months starting from the day you created your account, you have not signed into your PPATRA account or performed any on-chain activity from the digital wallet associated with your PPATRA account, whether on or off of the Site.

I. Third-Party Services

The Services may include hyperlinks, options, and tools to access, purchase, or interact with other third-party websites, resources, smart contracts, products, materials, applications, or information (collectively, “Third-Party Services”). We provide links to or functionality with respect to these Third-Party Services only as a convenience to you. We do not necessarily review, approve, monitor, endorse, warrant, or make any representations with respect to the Third-Party Services. You use all Third-Party Services at your own risk. When you click on a link to, or access and use, a Third-Party Service, you are subject to the terms and conditions (including privacy policies) of the applicable Third-Party Service provider. When you interact with an NFT created, deployed, or minted by a third-party smart contract, you are subject to the terms and conditions of the applicable third party and assume the risk of any conceivable outcome of any smart contract function or operation enabled by such third-party smart contracts, including but not limited to dynamic metadata and smart contract pauses. We are not responsible for the availability of any Third-Party Services and are not liable for any loss or damage which may be incurred as a result of the unavailability or malfunction of the Third-Party Services, or as a result of any reliance placed by you on the continued completeness, accuracy, functionality, availability, or existence of any Third-Party Services. Because the Service does not provide digital wallet software or maintain any Avalanche blockchain nodes, digital wallet software and the Avalanche blockchain constitute an essential third-party or User dependency without which the Service cannot be fully utilized.

J. PPATRA May Use and Share All User Feedback

You may choose to submit comments, bug reports, ideas, or other feedback about the Services, including without limitation about how to improve the Services (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to incorporate and use your Feedback for any purpose. The Company takes security very seriously and is now offering bug bounties which may be accessed at https://ppatra.com/bugbounty. Failure to comply with the precise requirements specified in the bug bounty program may make you ineligible for participation.

IV. The Protocol

The PPATRA Protocol (the “Protocol”) comprises a set of interrelated, non-custodial smart contracts and on-chain registries deployed to the Avalanche blockchain that store information and perform limited functions related to the curation, minting, buying, and selling of NFTs within PPATRA, including at least the smart contracts identified in the PPATRA developer documentation provided at https://docs.ppatra.com. Certain smart contracts may be considered “custodial” by virtue of the User having complete custody and ownership of their deployed smart contracts (i.e., in the case of Series Contracts or Space Operator Contracts), but there are no smart contracts within the Protocol that enable or require the Company to take custody of your assets without your express, on-chain permission. The Company reserves the absolute right to facilitate access to smart contracts outside of the PPATRA Protocol and the Company assumes no duty to facilitate access to, maintain, or otherwise make available for you to use any particular Protocol smart contracts. You understand and agree that you are able to make full technical use of the Protocol smart contracts without using the Site or Services and that you shall not rely upon the Site or Services to make use of the Protocol smart contracts. You acknowledge and agree that you have the opportunity to review, audit, ask questions about, and approve, whether through the Services or through your third-party wallet provider, the Protocol Smart Contracts and every blockchain transaction or message executed by your digital wallet before executing any transaction. You hereby affirm that you will not approve of any transaction that is inconsistent with your intent.

A. Transactions are Processed By the Public Avalanche Blockchain

Transactions initiated through the Services that invoke the Protocol are publicly broadcasted by your third-party digital wallet provider and processed, validated, managed, and confirmed entirely by the public Avalanche blockchain – not the Company. You understand that the digital wallet that you use to mint, collect, curate, or sell NFTs, or otherwise interact with the Protocol, and all transaction details associated with your digital wallet activity are manifestly made public information.

B. Avalanche Transaction Fees

The Avalanche blockchain requires the payment of a transaction fee (a “Gas Fee”) for transactions executed by the Protocol smart contracts. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the Company’s control. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction involving the Protocol be invalidated, revocable, reversible, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User.

C. The Company Does Not and Cannot Control the Blockchain

The Company does not control the Avalanche blockchain or any other public blockchain. The Company has no ability to reverse any transactions previously settled by the Avalanche blockchain. The Services enable you to voluntarily interact with experimental technologies, including blockchain, distributed ledgers, non-fungible tokens, fungible tokens, cryptocurrencies, stablecoins, the Protocol smart contracts, consensus algorithms, voting systems, and distributed, decentralized, or peer-to-peer networks or systems. You acknowledge and agree that such technologies are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation, effects, and risks thereof, including uncertainty regarding the application of existing law to activities related to digital assets, cryptocurrencies, blockchains, or NFTs. The Company may not be able to anticipate, control, or influence the occurrence or outcome of “forks,” and does not assume any risk, liability, or obligation in connection therewith. Without limiting the generality of the foregoing, the Company does not assume any responsibility to notify you of pending, threatened, or completed forks. The Company will determine its response(s) to such forks in its sole and absolute discretion, without any duty or obligation or liability to you for such response (or lack of such response). The Company reserves the right to require that only one NFT be associated with the relevant metadata, tokenID, or media content, notwithstanding that copies of such NFT information may exist on multiple chains following a “fork” event. You assume full responsibility to independently remain apprised of and informed about possible forks, and to manage your own interests in connection therewith. To the maximum extent permitted by applicable law, the Company disclaims any and all liability related to the foregoing experimental technologies. Notwithstanding the foregoing, the Company reserves the right to execute smart contract transactions as a collector, curator, creator, or otherwise as an ordinary network participant.

D. Users Consent to the Operation of the Protocol Smart Contracts

You agree and understand that all fees, commissions, assets, NFTs, and royalties transferred by or received by you are processed and settled exclusively by the public Avalanche Blockchain – not the Company. By invoking or interacting with the Protocol smart contracts, you agree and irrevocably consent to the automated processing and settlement of fees, commissions, royalties, NFT transfers, and other transactions or functionalities enabled by the Protocol Smart Contracts. You expressly delegate to the smart contracts that you interact with through the Services the fullest necessary legal and technical authority to process, settle, and execute all functions and transactions initiated by you or your digital wallet. You hereby consent to and agree to be irreversibly bound by the outcome of any transaction, smart contract operation or function, or blockchain state change initiated by or caused by your digital wallet.

E. The Company’s Interactions and Permissions within the Protocol Smart Contracts

As an independent service provider to the PPATRA DAO, the Company retains certain technical privileges and responsibilities related to the maintenance and parametrization of the Protocol Smart Contracts. The Company shall not take any actions with respect to the Protocol Smart Contracts that are not authorized, consented to, or otherwise inconsistent with the PPATRA DAO’s governance decisions or procedures. You can learn more about the DAO’s governance procedures at https://dao.ppatra.com/governance. You hereby expressly consent to the Company’s role as an administrator and owner of certain Protocol Contracts. The Company reserves all rights with respect to the Services and its Site and assumes no obligations or duties to support or require any specific Protocol contracts.

F. Other Risks

The Services depend on public peer-to-peer networks and consensus mechanisms, such as the Avalanche Blockchain, that are not under the direct or indirect control or influence of the Company and are subject to many risks, uncertainties, and unknown security vulnerabilities. The Service, Services, or your digital assets or NFTs may be the target of third-party attacks, including but not limited to phishing, Sybil attacks, brute-forcing, inactive listing exploits, impersonations, or the use of viruses (“Third-Party Attacks”). The Company will not be responsible or liable, directly or indirectly, for any actual or alleged loss or damage sustained by you in connection with Third-Party Attacks. Blockchain technologies and digital assets are subject to many legal and regulatory uncertainties that could adversely impact the Services, which could impede or limit your ability to continue the use and enjoyment of the Services or related assets and technologies. Users acknowledge and agree that the PPATRA Protocol smart contracts may be subject to bugs, malfunctions, errors, vulnerabilities, or changes to the protocol rules of the Avalanche blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFTs, or lost opportunities to buy or sell NFTs. The Company does not guarantee, and is not responsible for, your ability to exercise your rights with respect to digital assets held in your digital wallet or with respect to your use or enjoyment of the Services.

G. Non-Reliance

You are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies, digital assets, NFTs, and “smart contracts.” You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted via the Services or any underlying digital asset. You have conducted your own thorough independent investigation and analysis of the Services and Protocol and the other matters contemplated by these Terms. You agree that you have had the full opportunity to review the Protocol smart contracts and all related functions, permissions, and information. You have not relied upon any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set forth by the Company in these Terms.

H. General Prohibition

Users are forbidden from engaging in any attack, hack, Sybil attack, DoS attack, distributed denial-of-service attack, “griefing” attacks, interference, or any other type of exploit or unfair misuse of any Protocol smart contracts. Users are forbidden from performing any Protocol transactions through the Services that would necessitate or result in the violation of applicable law. Operations that are functionally enabled by a Protocol smart contract may nevertheless be a violation of these Terms of Service and governing law.

V. The PPATRA Marketplace

The rules of the PPATRA Marketplace, as made available to Users through the Services, are governed by these Terms, other terms that may be communicated to you during the course of your interaction with the Services, and by the functionality of the Protocol Smart Contracts. The PPATRA Auction Terms of Use are expressly incorporated into these Terms by reference.

A. PPATRA Is a Peer-to-Peer Marketplace That Connects Buyers and Sellers

The PPATRA Protocol smart contracts comprise a peer-to-peer NFT marketplace that enables Users to buy, make offers on, list for sale, sell, auction, and transfer NFTs minted by approved Creators within the PPATRA ecosystem (the “PPATRA Marketplace”). The Company is not a party to any agreement or transactions between Users and makes no representations or warranties about the content, services, goods, or promises made by Creators or other users of the Services or Protocol. Creators or resellers of NFTs may promise, impose, or require additional terms, services, goods, utility, obligations, restrictions, and benefits that accompany the purchase or ownership of NFTs made available on the Services (“Third Party Terms”), but only to the extent consistent with this Agreement, compliant with applicable laws, and communicated appropriately to all buyers. Third Party Terms are solely between the buyer and the seller. The Company is not a party to any such Third-Party Terms, makes no representations or endorsements related to the Third Party Terms, and assumes no responsibilities or obligations with respect to Third Party Terms. You acknowledge that all such services, goods, or benefits promised in addition to an NFT are offered on a complementary basis and that the sale price of any transaction involving an NFT subject to Third-Party terms processed by the Protocol Smart Contracts is paid in consideration for solely the NFT – and not paid in consideration for any such complementary goods, services, benefits, or utility. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Third Party Terms. You are responsible for fulfilling any promises you communicate and are personally liable for all contractual obligations, duties, disputes, breaches of warranty or title claims, misrepresentation claims, or violations of law associated with any promises you make to other Users in connection with your use of the Services. Buyers of Creator NFTs associated with any promises and Third-Party Terms assume the risk that they will never receive any communicated or promised services, goods, or benefits, especially with respect to those Creator NFTs purchased on the secondary market.

B. Marketplace Payment Terms

Marketplace transactions involving your digital wallet and Creator NFT(s) may be subject to commissions, fees, royalties, and other charges including, but not limited to: (1) a fifteen percent (15%) Primary Sale commission paid by the seller of any previously unsold Creator NFT; (2) a standard three percent (3%) Marketplace Fee paid by the buyer in addition to the sale price for all types of sales transactions, including Primary Sales; (3) a ten percent (10%) royalty for all Secondary Sales paid by the seller of an NFT on the secondary market and paid to the NFT Creator; and (4) “Gas Fees” paid to the Avalanche Blockchain validators in AVAX or other cryptocurrency through your digital wallet as consideration for validating your transactions. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of the Company. Before you pay any Fees, you agree that you have had an opportunity to review and accept the Fees that you will be charged, either through the Services or through your third-party digital wallet provider. All fees, royalties, and commissions denominated in percentages are based on the Sale Price of an NFT. All Marketplace commissions, fees, and royalties are denominated in AVAX or other cryptocurrency and are non-refundable. Whether a sale transaction qualifies as a Primary Sale or Secondary Sale depends on: (i) whether the relevant NFT is deemed “sold” or “unsold” as indicated by the Protocol smart contracts; and (ii) whether a Primary Sale commission has previously been paid to the PPATRA DAO. The Marketplace Fees described in this section are embedded as functional rules of the PPATRA Protocol and can only be changed by operation and approval from the PPATRA DAO’s governance model. The Company assumes no obligation or duty to provide notice in advance of changes to the Marketplace Fees or other marketplace settings.

C. Royalties

PPATRA implements a royalty standard for certain smart contracts. In an effort to empower Creators, all secondary sales NFT transactions conducted through the Services and that invoke the Protocol implement a ten percent (10%) royalty based on the list price paid by the seller to the original Creator of the NFT. Users that collect and trade NFTs using the Services or Protocol irrevocably consent to the automated collection and distribution of the creator royalty and hereby waive any first sale defense or argument with respect to secondary market transactions that result in a royalty paid to a Creator. All works minted after the Effective Date of these Terms through the Services by Creators are automatically configured with a ten percent (10%) royalty amount by default, which you may change on your own in certain circumstances and without any involvement of the Company. Royalty data may be configurable by Creators depending on whether they are the owner of the smart contract that originally minted their Creator NFT. Royalties paid to Creators are a voluntary economic function of the PPATRA Marketplace that may be subject to change. You acknowledge and agree that royalties paid to Creators are not guaranteed for all transactions, especially those transactions that are not initiated through the Services, do not invoke or involve the PPATRA Protocol, and that are performed on a different NFT marketplace (collectively, “Off Market Transactions”). You hereby waive any entitlement to royalties, commissions, or fees paid to another or not received by you by operation or omission of the Services or the Protocol Smart Contracts, or due to the compromised security of your digital wallet. You hereby agree not to re-configure the royalty data associated with your PPATRA-minted NFTs without providing direct written notice to: (i) the Company; (ii) the Collector of each of your re-configured NFTs; and (iii) the public.

D. The PPATRA DAO

Except as otherwise provided herein, the Primary Sale Commission and Marketplace Fee are paid exclusively to the PPATRA DAO. The PPATRA DAO is a multi-sig smart contract deployed on Avalanche (ppatradao.avax) (AVAX address: [to be provided]). The Company does not legally control the PPATRA DAO and is not a direct recipient of any Primary Sale Commissions or Marketplace Fee. The Company reserves the right to collect commissions or other Fees as a seller, creator, curator, Space Operator, or otherwise as a regular network participant. As a community service provider to the PPATRA DAO, the Company reserves certain administrative and functional powers and privileges within the PPATRA Protocol, that do not get invoked without approval or general consent of the PPATRA DAO.

E. Contractual Intent

By voluntarily interacting with the Protocol smart contracts, you approve and authorize the Protocol smart contracts to perform limited functions effectuating ownership rights, legal contractual relationships, and limited contractual agreements between you and other Users. By performing transactions invoking the Protocol Smart Contracts through the Services (including but not limited to, buying, selling, listing for sale, auctioning, initiating auctions, placing bids, making offers, accepting offers, rejecting offers, initiating auctions, settling auctions, transferring, minting, and any other type of transaction involving your digital wallet), you represent that you have sufficient knowledge and authority to perform such transactions and agree to be completely and irrevocably bound by the transaction outcome or any other outcome conceivably possible by the technical operation of the Smart Contracts.

F. Prohibited Activity

The PPATRA Marketplace is a transparent and open digital art Marketplace that depends on the honest and lawful participation of all Users. In addition to ensuring compliance with applicable law and comporting with general principles of fairness and honesty, you understand and agree that:

• You are forbidden from engaging in any behavior, whether on or off of the PPATRA Services, with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the actual or apparent price or value of a Creator NFT, groups of Creator NFT(s), or NFT(s) created by Artists approved to mint NFTs on PPATRA (i.e., an Artist’s floor or average sale price).
• You are forbidden from bidding on, purchasing, making offers on, or attempting to influence the price of any Creator NFT(s) that you already own or control through any of your digital wallets, whether or not the digital wallet is a registered User of the Services.
• You are forbidden from participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate, or joint account organized for the purpose of unfairly or deceptively influencing the market price of any Creator NFT(s).
• You are forbidden from creating or inducing a false or misleading appearance of activity with respect to any Creator NFT(s) or creating or inducing a false or misleading appearance with respect to the market of any Creator NFT(s), including by: (i) executing or causing the execution of any transaction in any Creator NFT(s), which involves no material change in the beneficial ownership thereof; or (ii) entering any order for the purchase or sale of any Creator NFT(s), with the knowledge that an order of substantially the same size, and at substantially the same price, for the sale of such Creator NFT(s), has been or will be entered by or for the same or different parties.
• You are forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a Creator NFT, simulate demand for a work, or any other anti-competitive, deceptive, or unfair behavior such as, but not limited to, “wash trading,” “rug pulling,” “front running,” “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding.”
• You are forbidden from selling Creator NFT(s), listing items for Auction, making bids during an auction, purchasing a Creator NFT, or engaging in any other type of behavior for the purpose of concealing economic activity, laundering money, tax evasion, financing terrorism, concealing or transferring proceeds or assets relating to criminal activity, treating Creator NFT(s) as a substitute for value or currency, or to pay another User for a Creator NFT for any reason other than to obtain the Creator NFT.
• You are forbidden from performing any transaction associated with a Creator NFT through the Services or involving the Protocol smart contracts based on non-public information that has a material impact on the value of the Creator NFT.
• You are forbidden from arranging for, causing, offering options for, or otherwise conducting any type of pre-sales activity relating to unsold or unminted Creator NFT(s) that involves any off-market NFT mint, sale, burn, or transfer transactions occurring or originating outside of the PPATRA Marketplace, the Services, or that otherwise do not invoke the Protocol Smart Contracts.
• You are forbidden from knowingly selling or transferring any Creator NFT, or use any Creator NFT in a manner, that does or may infringe any copyright, trademark, patent, trade secret, or other intellectual property right of a third party, or from selling or transferring any Creator NFT that you know is subject to a dispute or investigation.
• You are forbidden from using the Services to create, mint, promote, sell, or buy Creator NFTs or other items that give Owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
• You are forbidden from marketing or promoting any Creator NFT as investment products, securities, assets intended solely for resale, or otherwise in any manner that would suggest that any Creator NFT will appreciate in value.

G. Users Agree to Report Suspicious Activity

You agree to report suspicious market activity of other Users, suspected violations of these Terms by other Users, and unlawful exploits of your user account. By initiating transactions through the Services, you represent and warrant that you are not aware of any suspicious activity relating to the NFT(s) or other users involved in the transaction, either directly or indirectly. If you are specifically aware of other PPATRA Users that are in violation of these Terms or applicable laws, then you must promptly inform the PPATRA team at [email protected].

H. Off Market Transactions

The PPATRA Protocol smart contracts do not generally process, collect, or distribute any fees, commissions, or royalties for: (i) any transactions initiated not involving the Services; (ii) any transactions initiated outside of the PPATRA Marketplace; (iii) private transactions involving manual settlement between buyers and sellers; or (iv) transactions that do not involve the PPATRA Protocol smart contracts (collectively “Off Market Transactions”). Any work that is marked as “unsold” by the Protocol Smart Contracts will be subject to a commission upon the first sale within the PPATRA Marketplace, regardless of whether you purchased it from a third party. To support Creators and the PPATRA DAO, we encourage you to list Creator NFT(s) for sale exclusively on the PPATRA Marketplace. However, you are functionally permitted to sell or transfer your NFT(s) on third-party exchanges, except in the circumstance in which a Creator configures a marketplace “blocklist” condition on the Creator NFT. You hereby waive any entitlement to royalties, commissions, or fees for Off-Market Transactions and hereby consent to other User’s technical ability to perform Off-Market Transactions involving Creator NFT(s). You irrevocably release, acquit, and forever discharge the Company and its subsidiaries, affiliates, officers, and successors of any liability for royalties, commissions, or fees not received by You from any Off-Market Transaction or otherwise by operation or omission of the Protocol Smart Contract. The Company reserves the right to restrict your access to the Services, or invoke any other termination rights in these Terms, on the condition that you compensate the PPATRA DAO, or other third parties, the amount that would have been received from Off-Market Transactions had they been performed through the Services or by operation of the Protocol smart contracts.

VI. Creator NFTs

“Creator NFT(s),” as used throughout these Terms, are NFT(s) minted by Creator(s) that have been previously approved by at least one network Curator to mint NFT(s) through the PPATRA Protocol, NFT(s) that are accessible through the Services, or NFT(s) that are in fact minted using the PPATRA Protocol. A Creator NFT has been issued and cryptographically authenticated by an independent Creator and contains metadata that describes, references, or represents a work of art. Creator NFT(s) are typically compatible with the ERC-721 technical standard, but may include at times NFTs that are compatible with other technical standards, including but not limited to ERC-1155. The Company reserves the right to index and make accessible on the Services any type of NFT(s), whether or not they are minted by Creator(s) approved to mint NFT(s) with the PPATRA Protocol. Creator NFTs exist primarily for the consumptive enjoyment of their respective Owners. The value of any particular Creator NFT is inherently subjective and primarily dependent on market sentiment around the creative efforts and abilities of each respective NFT Creator.

A. Ownership of Creator NFT(s)

You are the owner of a Creator NFT(s) only if: (i) your digital wallet lawfully obtained the Creator NFT; (ii) your digital wallet has actual possession, custody, and control of the Creator NFT; and (iii) the Avalanche blockchain identifies your digital wallet as the owner of the Creator NFT. Like owning a physical piece of art, if you own a Creator NFT then you own the cryptographic token as your personal property, but you do not have any right, title, or interest in the Creator Content referenced by the Creator NFT other than the limited license rights granted to you by the Creator as provided herein. The NFT Creator reserves all exclusive rights to the Creator Content, which includes at least the Creator’s copyright and trademark rights in the media content and metadata information referenced by the applicable Creator NFT(s).

B. PPATRA Is a Place for Only Single-Editions

PPATRA is the premier place for single-edition, 1-of-1 digital art. Creator NFT(s) are unique and scarce, meaning that each Creator NFT comprises a unique token identification code and that there should never exist multiple NFT(s) in circulation that reference the same exact Creator Content throughout the whole universe, including on other blockchains. If you believe that there exists duplicate Creator NFTs in circulation that reference the same exact Creator Content, please contact [email protected].

C. The Owner’s NFT License Granted by the Creator

So long as you remain the current, lawful Owner of a Creator NFT, you have a non-exclusive, limited, fully paid up, perpetual, irrevocable (except as provided herein), and non-commercial license (the “License”) to:

• Display, distribute, reproduce, and copy the Creator Content solely for personal, non-commercial purposes; and
• Display the Creator Content, and to perform the Creator Content in the case of audiovisual works, privately or publicly: (i) for the limited purpose of promoting or sharing your ownership of the associated Creator NFT; (ii) for non-commercial cultural and educational purposes, so long as attribution is provided to the NFT Creator; (iii) on third-party marketplaces, exchanges, platforms, applications, or other venues in connection with the resale, transfer, or trading of the associated Creator NFT, provided that such third-party venues must cryptographically authenticate you as the lawful owner of the associated Creator NFT prior to making any such display or performance; (iv) within virtual environments, including simultaneous display within a reasonable number of virtual environments; and (v) as your profile picture on social media applications.

D. Limitations and Restrictions to The Owner’s NFT License

All intellectual property rights in and to the Creator Content, and any other intellectual property rights of the Creator, not expressly granted herein, including at least copyrights, trademarks, and rights of publicity, are expressly reserved by the NFT Creator. Without limitation, the NFT Owner may not, nor solicit or cause any third party to, attempt or do any of the following without the Creator’s prior consent in each case: (i) modify, distort, mutilate, create derivative works, or perform any modification to the Creator Content; (ii) use the Creator Content to advertise, market, or sell any product or service; (iii) use the Creator Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Creator Content; (v) attempt to trademark, copyright, or otherwise attempt to acquire, register, or claim rights in or to the Creator Content; (vi) attempt to mint, tokenize, or create additional cryptographic token(s) representing, referencing, or associated with the same Work in any manner that creates confusion as to the source, authorship, or authenticity of the original single-edition Creator NFT; (vii) falsify, misrepresent, or conceal the authorship of the Work or the Creator NFT; (viii) otherwise utilize the Work for the Collector’s or any third party’s commercial benefit; (ix) use the Creator Content without attribution to the Creator; or (x) use the Creator Content in violation of any additional restrictions imposed by the Creator in association with the Primary Sale of the Creator NFT.

E. Termination, Assignment, and Sublicensing

Lawful ownership, title, possession, and control of a Creator NFT, as governed by the records of ownership maintained by the Avalanche blockchain (or other record of ownership designated by the Company), is a necessary and sufficient condition precedent to owning the limited License to the associated Creator Content provided by these Terms. Any subsequent transfer, dispossession, burning, or another relinquishment of a Creator NFT, whether voluntary or involuntary, will immediately terminate all of the former Owner’s rights and interests in the License. The License is not assignable, except that the Owner may sell, transfer, or assign all (but not less than all) of its right, title, and interest in the License only by selling or otherwise transferring the associated Creator NFT to a new digital wallet, which is not deemed complete unless and until finally settled by the Avalanche blockchain. The NFT owner may not sublicense any of its rights or interests under the License, except that the NFT Owner may make a limited sublicense of its personal display rights in the associated Creator Content to the lawful operators of third-party services, the user interfaces of software applications, NFT marketplaces, virtual museums or virtual galleries, or physical museums or physical galleries (but only if such museums or galleries actually possess or hold in escrow the NFT or other NFT or digital asset representing a display sublicense) (“Sublicensees”), in each case, for the limited purposes of: (A) displaying the Creator Content to the public for educational, non-commercial, or cultural purposes without any compensation being paid to the Owners or sublicensees; or (B) displaying the Creator Content in connection with sale, trading, or transfer transactions of the associated NFT.

F. Owners Agree to Cooperate with Inquiries or Investigations Related to their NFTs

You agree that you will not sell, transfer, or trade any Creator NFT, except as authorized or requested by the Company, through or outside of the PPATRA Marketplace that is subject to an intellectual property dispute, claim, or investigation that you have been notified of.

VII. PPATRA Creators

Creators are approved by the PPATRA DAO to have certain revocable, functional privileges relating to their use of the PPATRA Protocol, namely the ability to mint digital artworks as NFTs. To be a Creator, you must be authenticated as such by a PPATRA DAO curator through an on-chain transaction resulting in your digital wallet address appearing in the relevant PPATRA Protocol registries. PPATRA Spaces (discussed further below) and the Company have the functional authority or ability to authenticate new Creators within the Protocol. Creators that make use of the Services or Protocol, whether on behalf of themselves, a collective, or third parties, expressly represent and warrant that they have the agency, authority, and capacity to perform transactions from their digital wallet. This section of the Terms is designed primarily for registered Creators that make use of the Services, but applies to the fullest extent possible to all other Users. All other provisions of these entire Terms apply equally to Creators without limitation.

A. Minting A Creator NFT

Creators are permitted, but not required, to use the Services to facilitate an NFT minting transaction. To mint a Creator NFT through the Services, Creators must: (i) upload an original digital artwork; (ii) provide information about the artwork to populate the NFT metadata; (iii) authenticate the work as a non-infringing, original creation authorized to be minted and sold by the Creator as an NFT; (iv) reaffirm the Creator’s agreement to these Terms and any other terms that the Company may require; and (v) authenticate a request through the Creator’s third-party digital wallet provider to effectuate a minting transaction within the PPATRA Protocol. Creators that wish to mint and deliver an NFT pursuant to the Creator’s independent agreement with the respective Space Operator may be required to agree to additional terms provided herein and otherwise made available through the Services. The Company reserves the absolute right to modify or impose additional minting terms made available and affirmatively agreed to by Creators through use of the Services, but only to the extent not inconsistent with official policies or guidelines developed by the PPATRA DAO.

B. Creators Must Only Mint Original, Authorized, and Non-Infringing Content

By minting a Creator NFT through the Services, Creators expressly represent and warrant that: (i) the Creator Content (which includes all downloadable media content, images, video, audio, metadata content or information, descriptions, tags, attributes, logos, trademarks, likenesses, and all other elements submitted by the Creator) associated with the minted NFT is an original work of authorship and not infringing on any intellectual property rights of any third party, including at least any third-party copyrights, trademarks, and rights of publicity; (ii) the Creator’s decision to mint, sell, transfer, and license (as provided in Sections VII.E-G, infra) the Creator Content as an NFT does not violate the contractual rights or expectations of any collaborator or any other third party; and (iii) the Creator has exclusive right and title to all proceeds, royalties, or revenues received to the Creator’s digital wallet as a result of sales or use of the Creator NFT, or otherwise will distribute such proceeds, royalties, or revenues to the appropriate third parties.

Creators should only mint works that they personally created and must refrain from minting content that they developed for third parties as a “work for hire” or content to which copyright ownership is encumbered, unknown, unclear, or disputed. To the extent the Creator Content contains any unoriginal material not owned or originally developed exclusively by the Creator, including without limitation music, visual content, brand names, logos, third-party trademarks, likenesses, rights of publicity, material contributed by collaborators, content generated by algorithms or artificial intelligence (collectively, “Third Party Content”), the minting Creator further represents and warrants that they have the necessary licenses or permission to mint and sell such Third Party content as an NFT, or otherwise that the Creator has a clear and compelling “fair use” defense in relation to their use of such Third Party content.

Creators are expressly prohibited from minting NFTs consisting of unlicensed, unauthorized, unlawful, pornographic, or infringing content. If you mint content that is even arguably pornographic or NSFW, you must tag the work in the NFT metadata as “NSFW.”

C. Creator Grants a Limited License to the Company

The Creator hereby acknowledges, understands, and agrees that minting a Creator NFT through the Services constitutes an express and affirmative grant to the Company, its affiliates, and successors a non-exclusive, worldwide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, download, upload, and distribute the Creator Content associated with the NFT on any media whether now known or later discovered for the general purpose of operating, promoting, sharing, developing, marketing, and advertising the Services or Creator NFT, or any other lawful purpose related to the PPATRA ecosystem, including without limitation, the express right to: (i) display or perform the Creator Content on the Services, a third-party platform, social media posts, blogs, editorials, advertising, market reports, documentaries, virtual galleries, private galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative works based on the Creator Content, including without limitation, compilations, collective works, and anthologies; (iii) indexing and storing the Creator Content in electronic databases, indexes, catalogues, the Smart Contracts, or ledgers; and (iv) hosting, storing, distributing, uploading, and reproducing one or more copies of the Creator Content within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, incentivizing, or soliciting others to do so. As a matter of courtesy, the Company may seek ancillary authorization or provide notice to the Creator relating to the Company’s use of this license but assumes no obligations to do so.

D. Works Minted In Collaboration

Collaborative works are celebrated in the cryptoart community, but the Protocol smart contracts currently enable only one digital wallet to authenticate a minting transaction for a given Creator NFT. If the Creator mints a Creator NFT using a digital wallet associated primarily with only the Creator (i.e., not a shared account), the Creator agrees that it shall clearly and conspicuously identify in the Creator NFT metadata any third-party collaborators who are intended as joint-authors of the associated Creator Content. By minting a Creator NFT through the Services without a clear and conspicuous reference in the Creator NFT metadata identifying a third-party collaborator, the minting Creator is presumed by the Company to be the sole author with exclusive right and title to associated Creator Content, or as otherwise represented by the Creator in Sections VII.A-B. Conversely, by minting a Creator NFT through the Services with a clear and conspicuous reference in the Creator NFT metadata identifying one or more third-party collaborator(s), the minting Creator and all identified collaborators are presumed by the Company to be joint authors of the associated Creator Content. By minting a Creator NFT through the Services, the Creator affirmatively represents that all collaborators, if any, of the associated Creator Content: (i) have been put on notice of these Terms; (ii) have a mutual agreement as to the respective rights, liabilities, and responsibilities of each collaborator with respect to the minted Creator NFT; and (iii) have a mutual agreement regarding the use of title to proceeds, including royalties, received from sales of the Creator NFT. Nothing in these Terms shall prohibit more than one collaborator from minting from a shared or collective digital wallet, provided that the entity performing the actual minting transaction, or otherwise making use of the Services or Protocol, has agency to bind all collaborators to these entire Terms.

E. Creator Authentication by the Company

PPATRA is invite-only, meaning that only Creators that are authenticated by one or more network curators carry the privilege to mint NFTs using the PPATRA Protocol. As a curator, the Company invites only Creators that it deems credible and talented in its sole discretion. Please use the form at https://ppatra.com/creator-application if you want the Company to consider you to join PPATRA. The Company will not accept any compensation or fee as a condition of being registered as a PPATRA Creator. So long as you remain a registered Creator, you are free to use the Protocol through the Services in any lawful manner consistent with these Terms and subject to no ongoing obligation to the Company. The Company reserves the absolute right to un-register any Creator that it previously registered within the Protocol for any reason. The Company, in its sole discretion, may at any time: (i) impose any additional legal conditions or obligations on you; (ii) require additional documentation or identification from you; or (iii) limit your use of the Services, in any manner it deems necessary or appropriate to preserve the reputation and authenticity of Creators or Creator NFTs on PPATRA. The Company makes no representations or warranties about the authenticity or identity of any Creator, other than as otherwise provided herein.

F. Promises Regarding Off-Market Consideration

Creators may promise or make available additional services, goods, digital assets, or utility, or impose additional terms or restrictions, in relation to the initial sale of their minted NFTs, but only to the extent consistent with this Agreement, compliant with applicable laws, and communicated appropriately to all buyers (preferably by communicating such additional terms in the NFT metadata). The Company assumes no responsibilities or obligations with respect to your independent promises. You are solely responsible for fulfilling any promises you communicate and are personally liable for all contractual obligations, duties, disputes, breaches of warranty or title claims, misrepresentation claims, or violations of law associated with any promises you make to other Users in connection with your use of the Services. By making additional promises to buyers in the metadata of your minted NFTs, you expressly consent to the Company’s disclosure of your contact information to the NFT Owner registered as a User. The Company reserves the right to remove or restrict your access to the Services, or remove your Creator Content from the Services, if it receives notice or suspects that you have or will fail to fulfill any additional promises with respect to the sale of your minted NFT(s).

VIII. Decentralized Curation

The following sections contain information on PPATRA’s progressively decentralizing curation model, the Space Race, and important terms governing your use of the Services as a Space Operator (sometimes referred to herein as a “curator”) or a Creator who sells Creator NFTs through a Space. Notwithstanding the existence of these additional terms, the rest of these Terms remain fully in effect and govern all Users’ use of the Services.

A. Origins of Curated Crypto Art

PPATRA has been a leading platform for curated cryptoart. Since its inception, Creators on PPATRA have defined the creative standards of the cryptoart movement while simultaneously pushing its boundaries. As an invite-only platform, the Company team hand-selects each Creator based on their artistic merit, potential, and spirit. The AVAX token and PPATRA DAO have introduced new, community-approved curators to govern the network alongside the Company.

B. AVAX Curation

PPATRA has embarked on the path towards progressive curatorial decentralization by empowering the AVAX token holder community to approve new independent curators, so-called “Space Operators,” to register and onboard new Creators within the Protocol and conduct NFT releases with their own custom-branded smart contracts.

C. What is a PPATRA Space?

PPATRA Spaces are independently operated storefronts approved by AVAX token holders to curate and conduct NFT sales using the PPATRA Protocol. Equipped with their own custom smart contracts, Spaces are privileged with the power to onboard Creators, allow Creators to mint NFTs directly into a Space for a promoted release, and program their own commissions and royalty splits.

D. How to Become a Space?

AVAX Spaces are currently vetted and approved by the AVAX token holder community during an event known as the “Space Race.” As currently established by the PPATRA DAO, up to ten (10) new Spaces may be registered within the Protocol per month subject to the approval of the AVAX token holder community. Parties seeking to be a Space must apply in the PPATRA DAO governance forum. You can learn more about applying to become a Space and the PPATRA DAO’s independent governance procedures at https://dao.ppatra.com/spacerace. The Space Race is currently conducted using a token voting experience developed by the PPATRA community.

E. Space Commission and Fee Structure

The PPATRA DAO community treasury receives a 5% commission on all Primary Sales conducted through a Space. With respect to the remaining 95%, Space Operators are empowered with the ability to configure their own unique commission structures and splits with their Creators doing business through their Space. Creators and Space Operators are expected to develop their own legal agreements and arrangements related to their activities through or in association with a Space. The 3% Marketplace Fee discussed herein still applies to all Space-related Primary and Secondary sales.

F. AVAX

The AVAX Token is an ERC-20 token created and governed by the Avalanche blockchain. In its current form, AVAX represents a fractionalized governance interest in aspects of curatorial decision-making and protocol maintenance within the PPATRA DAO. The functionality of privileges or rights associated with AVAX Token ownership are not under the direct control of the Company and may be modified, optimized, rescinded, or otherwise subject to change by only the PPATRA DAO Foundation, a Delaware Foundation established to help govern the PPATRA DAO, and the independent efforts or decisions of AVAX token holders. AVAX Token holders are not entitled to profits and losses, no rights to distributions and dividends, and no rights to ownership of the Foundation or the Company. AVAX Token holders have no possessory interest, title, deed, economic right, or claim to any capital, equity, endeavor, venture, or commercial entity, including the Company. AVAX Tokens do not represent an investment contract, a commercial contract, debenture, equity interest, option, or a contract of any kind. Possessing AVAX does not give you any ownership interest, control, or claim in equity, law, or bankruptcy to any Company or Foundation assets, capital, intellectual property, title, profits, Creator, NFTs, royalties, profits, dividends, or other property of any kind. The Company is not controlled by, owned by, or governed by AVAX Token holders. The value of the commercial entity that is the Company bears no direct relationship to the price of AVAX on secondary markets or private sales. The listing of the AVAX Token is done so at the behest and independent initiative of third-party exchanges and the Foundation and is substantially unrelated to the business operations and assets of the Company. The price or value of AVAX at any given moment is wholly and completely outside of the control of the Company.

IX. Terms for Users of PPATRA Spaces

Space Operators, Creators doing independent business with Space Operators, and Users who buy Creator NFTs from PPATRA Space expressly agree to these “Terms for PPATRA Space Users” (and the rest of these Terms), which govern their use of the Services. These “Terms for PPATRA Space Users” apply equally to all other Users to the fullest extent possible. Accordingly, Space Operators must strictly abide by all terms, rules, and policies included in these Terms and must not engage in any activity, or encourage or cause one of its Creators to engage in any activity that would violate these Terms. Space Operators are those entities, and their agents, affiliates, and successors, that are identified in the Protocol Space Operator Registry or that have otherwise deployed or own a Space NFT Contract. Space Creators are those Creators that have been registered by a Space Operator. You are liable to any third parties harmed by your failure to honor these “Terms for PPATRA Space Users.”

A. The Services Enable Access to Space-Related Protocol Functionality

The Services provide a customizable graphical user interface that enables Space Operators to actively curate, design, and conduct NFT releases on PPATRA with participating Creators and for other Users to experience and participate in Space releases. Certain features of the Services may only be available to registered Space Operators or their registered Creators, which may be changed by the Company in its sole discretion. Space Operators understand and agree that their use of the Services is completely voluntary, and that Space Operators are not restricted in their ability to use other ways of interacting with the PPATRA Protocol to perform Space-related activities. Space Operators may use the Services to design, schedule, and conduct NFT releases and to configure the relevant Protocol Smart Contracts to effectuate payment splits with Creators and other collaborators. Space Operators hereby agree that they have reviewed, audited, and otherwise approved of the Smart Contract source code that embodies the functionality, features, and privileges associated with being a Space Operator and which is at least partially accessible through the Services. Space Operators and Creators agree that the Company may send or relay information to the relevant Protocol Smart Contracts to effectuate commission splits, royalties, or other parameters and hereby release the Company for any act or omission with respect to the Company’s interactions with the Protocol Smart Contracts.

B. Space Operators Must Only Sell Original, Authentic Single-Edition Art

As provided by the rest of these Terms, PPATRA is a place for original, non-infringing, and non-pornographic single-edition NFTs. By offering or selling a Creator NFT, the Space Operator is expressly representing and warranting that to the best of its knowledge, the NFT is an original, authentic, single-edition NFT that the NFT or its Creator are not otherwise in violation of these Terms. Space Operators must not register or facilitate sales for Creators that they know or have reason to believe are likely to be involved in a violation of these Terms or an intellectual property dispute.

C. Only Register Authentic Creators

Space Operators must not register any Creator that the Space Operator does not believe to be an authentic and talented Creator. Space Operators must refrain from onboarding, registering, selling NFTs to, accepting value from, or sending or causing value to be sent to any Prohibited Person (as defined in these Terms). Upon the request of the Company, Space Operators must unregister any Creator that the Company determines is a Prohibited Person or otherwise in violation of these Terms.

D. Space Operators and Their Creators Must Honor Their Contractual Commitments

Space Operators and Space Creators are solely responsible for abiding by and discharging their own respective contractual agreements and bear the entire cost of resolving their disputes. The smart contracts owned and controlled by the Space Operators enable certain programmatic, economic relationships that may be deterministically executed to effectuate economic agreement between Space Operators and Space Creators, but these parties may undertake additional contractual commitments that cannot be settled or otherwise facilitated by the smart contracts. The Company is not a party to any agreement between a Space Operator and a Space Creator and will not be held responsible for the failure of any Space Operator’s or Space Creator’s failure to honor their contractual obligations. By conducting any transaction involving a Space Operator or Space Creator through the Services, you expressly represent to the Company that the parameters and functionality enabled by the invoked smart contracts are consistent with your contractual expectations and that your transaction does not violate any agreement between you and any third party. If you are a Space Operator, then you agree to the Company that you will exercise extraordinary diligence and transparency in communicating your contractual expectations to your registered Space Creators (including but not limited to, your commission split, your level of promotional support, your split of the Creator’s royalty, the price you will accept for an NFT offered for sale, etc.) and that you will not perform any on-chain transaction or modify any smart contract in any manner that would be inconsistent with or violative of the contractual rights of any third party, including but not limited to a registered Space Creator.

E. Space Operators Must Safeguard Their Private Keys

Like all other Users of the Services, Space Operators are solely responsible for safeguarding their private keys. However, unlike other Users, Space Operators are trusted curators of the network capable of, among other things, programming commission splits and taking custody of NFTs on behalf of their Creators. As such, Space Operators must take all necessary measures to protect the security of their private keys and assume