Terms and Conditions

1. Terms

EAPES is a comprehensive ecosystem that includes various digital assets and services, including but not limited to digital artworks (NFTs) operating on the MultiversX network. This website serves as an interface to present the EAPES project and its offerings. Users are fully responsible for the security and management of their own private MultiversX wallets and for validating all transactions and contracts generated by this website before approval. Furthermore, since the EAPES smart contract operates on the MultiversX network, there is no ability to undo, reverse, or restore any transactions.

This website and its connected services are provided "as is" and "as available" without any kind of warranty. By using this website, you accept sole responsibility for any and all transactions involving EAPES digital assets and services.

2. Ownership

i. Ownership of Individual EAPES NFTs from the EAPES-8f3c1f Collection

Each individual EAPES from that collection is an NFT on the MultiversX blockchain. When you purchase an EAPES NFT from that Collection, you fully own the underlying EAPES artwork. Ownership of the NFT is entirely facilitated by the smart contract and the MultiversX network. At no point can we seize, freeze, or modify the ownership of any EAPES. You can view the collection on xSpotlight here. An EAPES NFT can be purchased here or on any other NFT marketplace.

ii. Personal Use

Subject to your continued compliance with these Terms, EAPES grants you a worldwide, royalty-free license to use, copy, and display the purchased artwork, along with any extensions that you create or use, solely for the following purposes:

• For your own personal, non-commercial use;
• As part of a marketplace that permits the purchase and sale of your EAPES/NFT, provided that the marketplace cryptographically verifies each EAPES NFT owner's rights to display the artwork for their EAPES, ensuring that only the actual owner can display the artwork; or
• As part of a third-party website or application that permits the inclusion, involvement, or participation of your EAPES NFT, provided that the website/application cryptographically verifies each EAPES NFT owner's rights to display the artwork for their EAPES NFT, ensuring that only the actual owner can display the artwork, and provided that the artwork is no longer visible once the owner of the EAPES leaves the website/application.

iii. Commercial Use

Subject to your continued compliance with these Terms, EAPES grants you an unlimited, worldwide license to use, copy, and display the purchased artwork for the purpose of creating derivative works based on the artwork ("Commercial Use"). Examples of such Commercial Use include the use of the artwork to produce and sell merchandise products (such as T-shirts) displaying copies of the artwork. This section does not restrict you from:

• Owning or operating a marketplace that permits the use and sale of EAPES NFT in general, provided that the marketplace cryptographically verifies each EAPES NFT owner's rights to display the artwork for their EAPES NFT, ensuring that only the actual owner can display the artwork;
• Owning or operating a third-party website or application that permits the inclusion, involvement, or participation of EAPES in general, provided that the third-party website or application cryptographically verifies each EAPES NFT owner's rights to display the artwork for their EAPES NFT, ensuring that only the actual owner can display the artwork, and provided that the artwork is no longer visible once the owner of the purchased EAPES leaves the website/application; or
• Generating revenue from any of the aforementioned activities.

3. Reproduction Rights

Subject to your continued compliance with these Terms, EAPES grants you a worldwide, royalty-free license to reproduce the purchased artwork for personal and non-commercial purposes. This includes the right to create both digital and physical copies of the artwork for your personal enjoyment and collection.

4. Commercial Reproduction

Subject to your continued compliance with these Terms, EAPES grants you an unlimited, worldwide license to reproduce the purchased artwork for commercial purposes. This includes the right to produce and sell derivative products (such as T-shirts) featuring copies of the artwork. Attribution: When reproducing the artwork, you agree to provide appropriate attribution to the original work and acknowledge EAPES as the creator and copyright holder. This attribution must be clearly displayed whenever the reproduced artwork is made available to the public.

5. Royalties

Sales of EAPES NFTs or Island Relics may include royalties paid directly to the original creators and royalties from the EAPES NFT Collection are distributed in accordance with Governance Resolution #3 available at this url: https://app.eapes.com/governance.

Distribution of Royalties for EAPES NFTs (Original Collection):

For each sale of an EAPES NFT, 10% of the total transaction amount is retained and redistributed to the SC Owner Wallet of the original EAPES NFT collection and distributed in percentages for various uses:

• 6% DAO (EAPES NFT Holders) proportionally as follows:
  • 3% Staking
  • 3% DAO Funding
• 3% Team (Owned by the EAPES Team)
• 0.5% Marketing (Owned by the EAPES Team)
• 0.5% Charity (Owned by the EAPES Team). Used according to the preferences of the EAPES Team or the community. Note that this portion is currently redistributed as rewards to EAPES NFT holders.

6. Utility Token

The EAPES token ($EAPES) is a utility token designed solely for accessing our products and services. It does not have an investment component. The primary use of $EAPES is to access utilities and services within the EAPES ecosystem. Tokens are purchased for these utilities, not for potential financial gain, and EAPES does not primarily depend on the efforts of others to increase the token's value. $EAPES is the utility token at the core of the EAPES ecosystem that powers the circular economy for EAPES Island and real-world applications. A total of 12 million tokens will be issued over a period of 10 years, until 2034.

7. Services via dAPP

EAPES offers various services via the EAPES dAPP. This includes staking any EAPES NFT from the EAPES NFT Collection or any Relic from the Island Relics Collection. This service provides holders the opportunity to accumulate Banana Points (metadata) to encourage participation, and these Banana Points have various utilities. Users can view their accumulated Banana Points in the "MY ACCOUNT" tab via this URL: https://app.eapes.com/

8. Hybrid Governance

The EAPES governance system is hybrid and tied to the ownership of the DAO Wallet. This Treasury Wallet (DAO Wallet) belongs to the holders/owners of EAPES NFTs (Original EAPES-8f3c1f Collection). Each holder of an EAPES NFT holds a share of this treasury, and this treasury is managed and/or used through the Governance voting system. If the user holds an EAPES NFT, they have voting rights on any proposal presented by the EAPES Team.

The EAPES governance voting system operates as follows:

• If you own 1 Prime EAPES NFT, you are granted 5 voting points (Voting Power).
• For any other EAPES NFT, you are granted 1 vote (Voting Power).

Proposal Process:

• A Community Temperature Check may be conducted beforehand to gather feedback, ideas, or suggestions from the community before creating a final proposal.
• The creation of the official proposal must be done by the EAPES Team. Each proposal must include a voting period (duration of the vote), a minimum quorum percentage for the proposal to be accepted, and all necessary details. A quorum is the minimum number of token holders or votes that must be present or cast for a proposal to be considered valid. This ensures that a sufficient portion of the community participates in the decision-making process, providing legitimacy to the outcomes.
• Voting of the Primes on the official proposal. Each proposal must first be presented by the team to the Prime holders and voted "on-chain or off-chain" according to the preference of the EAPES Team. This voting period can last from 2 to 5 days depending on the team's preferences and the importance of the issue. If the proposal presented to the Primes is accepted, it can then be submitted to a global Tribe vote "on-chain" via the EAPES dAPP in the "Governance" section here. If it is rejected, it cannot be sent for a global Governance vote (which includes all holders of the EAPES-8f3c1f collection) and must be reconsidered or presented differently to the Primes.
• Global on-chain vote of the EAPES community. After the proposal has been accepted by the Primes, the proposal can then be sent for a global on-chain vote.

9. Community Map

EAPES provides a Community Map that positions all registered EAPES NFT holders worldwide here.

10. Amendments and Updates

EAPES reserves the right, at its sole discretion, to amend, modify, add, or remove portions of these Terms at any time. We will provide notice of such changes by updating the "Last Updated" date at the top of these Terms and, where possible, by providing additional notice through the Services or via email. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services following the published updates to the Terms will mean that you accept and agree to the changes. If you do not agree to the amended Terms, you must stop using the Services.

11. Use of Services

As a condition of accessing or using the Services, you represent and warrant the following:

• You are not a Blocked Person, and you are not accessing the Interface from within the Blocked Countries.
• You will not use a VPN or other privacy or anonymization tools to circumvent any restrictions applicable to the Services.
• Your access to the Services is not prohibited by and does not violate any applicable laws and does not contribute to or facilitate any illegal activity.

12. Risk Assumption

By accessing or using the Services, you understand and agree to the inherent risks associated with cryptographic systems, blockchain-based networks, and Digital Assets. You acknowledge that the underlying software and networks are not owned or controlled by us and are subject to changes in operating rules, technological advancements, and other factors that may affect the Services.

13. Indemnification

You agree to indemnify, defend, and hold harmless EAPES, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses arising out of or related to your use of the Services, your digital assets, or your breach of these Terms.

14. Limitation of Liability

In no event will EAPES, its affiliates, or their respective directors, officers, employees, or agents be liable for any incidental, indirect, special, punitive, consequential, or similar damages or liabilities whatsoever arising out of or in connection with your use of the Services.

15. Dispute Resolution

Any dispute arising out of or in connection with these Terms or the Services will be resolved through binding individual arbitration, rather than in court. You waive any right to a trial by jury or to participate in a class action lawsuit.

16. Governing Law

These Terms will be governed by and construed in accordance with the laws of the jurisdiction in which EAPES operates. Any disputes arising from these Terms will be resolved in the courts located in that jurisdiction.

17. Miscellaneous Provisions

• Force Majeure: Neither party shall be held liable for any delay or failure in performance resulting from causes beyond their reasonable control.
• Taxes: It is your responsibility to determine and comply with any taxes that may apply due to your use of the Services.
• Severability: If any provision of these Terms is deemed unenforceable or invalid, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver by EAPES of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
• Assignment: You may not assign or transfer any of your rights or obligations without prior written consent from EAPES.

18. Entire Agreement

These Terms and Conditions, along with any other referenced policies or agreements, constitute the entire agreement between you and EAPES concerning your use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.