General Terms and Conditions of Use

1. Acceptance of Terms

By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use the Services.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use, and share your information.

3. Changes to Terms or Services

We may update the Terms from time to time at our sole discretion. If we do so, we will notify you by posting the updated Terms on the Site. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means you accept and agree to the changes. If you do not agree to the changes, you may no longer use the Services. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

• Addition: EAPES is committed to maintaining accessible services in accordance with the Accessibility Policy, available on our Site.

4. Who May Use the Services?

You may use the Services only if you are 18 years or older, capable of forming a binding contract with EAPES, and not otherwise barred from using the Services under applicable law.

• Addition: You may use the Services only if you are not subject to international sanctions imposed by bodies such as the Office of Foreign Assets Control (OFAC), the European Union (EU), or the United Nations (UN). EAPES reserves the right to suspend or terminate your account in the event of a violation of the International Sanctions Compliance Policy.

5. Feedback and Suggestions

We appreciate your feedback on the Services, but please do not send us suggestions for improvements, creative ideas, designs, portfolios, or other materials (collectively “Unsolicited Ideas”). This policy is intended to avoid potential disputes or misunderstandings if our Services appear similar to Unsolicited Ideas submitted by users. If you disregard this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium now known or hereafter developed, your Unsolicited Ideas for any purpose, without compensation to you.

6. Intellectual Property

• (a) EAPES Content. We or our licensors own all rights, title, and interest in the Services, including all content, artwork, designs, and other materials (collectively, the “EAPES Content”). The EAPES Content is protected by copyright, trademark, and other laws. Except as expressly provided in these Terms, you may not use, copy, modify, or distribute the EAPES Content without our prior written consent.
• (b) Ownership of NFTs. When you purchase an EAPES NFT, you own that specific NFT as a digital asset on the blockchain. However, ownership of the NFT does not grant you ownership of the underlying artwork or associated intellectual property rights. EAPES retains all rights to the artwork, including the right to use, reproduce, and distribute it.
• (c) License to Use Artwork. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use, display, and reproduce the artwork associated with your EAPES NFT for personal, non-commercial purposes. For commercial use, please refer to the Made by EAPES License or the MBA EAPES License, as applicable (see Section 7).
• (d) Made by EAPES License. Verified EAPES NFT holders may be eligible for the Made by EAPES License, which grants them the right to use the “Made by EAPES” label on their products, services, or derivative content, subject to the terms detailed in the Official Made by EAPES License. This license is granted at EAPES’s discretion and may be revoked at any time. To be eligible, you must own an EAPES NFT and submit an application through the dedicated form.
• (e) MBA EAPES License. For advanced projects or partnerships, EAPES NFT holders may be eligible for the MBA EAPES License, which grants extended commercial rights and opportunities for collaboration with EAPES, subject to a prior written agreement. This license is granted only by invitation or explicit approval from EAPES.

7. Commercial Use of Artwork

Commercial use of the artwork associated with your EAPES NFT is governed by the following separate licenses:

• Made by EAPES License: Allows the use of the “Made by EAPES” label for derivative products and personal creations, subject to the terms of the license.
• MBA EAPES License: Allows for broader commercial uses, including collaborations and joint projects with EAPES, subject to a written agreement.

You must comply with the specific terms of the applicable license for any commercial use. Any unauthorized use is strictly prohibited.

8. General Prohibitions and EAPES’s Enforcement Rights

You agree not to do any of the following:

• (a) Use the Services for any illegal purpose or in violation of applicable laws;
• (b) Attempt to gain unauthorized access to the Services or any related system or network;
• (c) Interfere with or disrupt the integrity or performance of the Services;
• (d) Use automated means, such as bots or scrapers, to access or collect information from the Services;
• (e) Impersonate any person or entity or misrepresent your affiliation with a person or entity;
• (f) Use the Services to send spam or other unsolicited communications;
• (g) Upload or transmit viruses, malware, or other harmful code;
• (h) Reverse engineer, decompile, or disassemble any part of the Services;
• (i) Remove or alter any copyright, trademark, or other proprietary rights notices;
• (j) Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm EAPES or users of the Services.

9. Royalties

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

10. Utility Token

The EAPES token ($EAPES) is a utility token designed solely to access our products and services. It is not intended as an investment. While the token’s value may fluctuate, you assume all risks related to its use.

• Addition: The $EAPES token complies with the EU’s MiCA regulation requirements for crypto-assets, to the extent applicable.

11. Services via dAPP

EAPES offers a range of services through its decentralized application (dAPP), accessible at https://app.eapes.com. These services allow users to interact with the EAPES ecosystem through features based on the MultiversX blockchain.

12. Hybrid Governance

EAPES implements a hybrid governance system tied to the collective ownership of the DAO wallet (treasury wallet), which is owned by holders of NFTs from the original EAPES collection (EAPES-8f3c1f).

13. Community Map

EAPES provides a Community Map, accessible via https://app.eapes.com/map, which displays the approximate geographic locations of registered EAPES NFT holders worldwide.

14. Dispute Resolution

• (a) Informal Resolution. Before filing a claim, you and EAPES agree to attempt to resolve the dispute informally. You may contact us at legal@eapes.com, and we will respond within 30 days.
• (b) Mandatory Arbitration. If the dispute is not resolved informally, any dispute or claim arising out of or relating to these Terms or the Services will be settled by binding arbitration in Montreal, Quebec, in accordance with the rules of the Canadian Arbitration Association.

15. Governing Law

These Terms and any dispute relating thereto will be governed by the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions.

16. Termination

We may suspend or terminate your access to the Services at any time, for any reason, including if we believe you have violated these Terms.

17. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, incorporated into these Terms by reference.

18. Assumption of Risk

The Services involve blockchain technology and digital assets, which carry inherent risks.

• (a) Data Stored on the Blockchain. Certain data related to your activity on EAPES.COM, such as transactions executed through our decentralized application (dApp), are permanently recorded on public blockchains like MultiversX or Solana. These records are immutable by design and cannot be altered or deleted by EAPES or any third party. While EAPES does not store personally identifiable information on-chain, wallet addresses and associated actions may be indirectly linked to your identity. In accordance with applicable data protection laws, we take all reasonable steps to minimize on-chain exposure and to dissociate your personal information from public blockchain data where technically feasible. By using our services, you acknowledge and accept that certain blockchain-related data cannot be deleted due to the decentralized and immutable nature of the technology.

19. Miscellaneous

• (a) Entire Agreement. These Terms constitute the entire and exclusive agreement between you and EAPES regarding the Services.

20. Contact Information

For any questions regarding these Terms or the Services, please contact us at legal@eapes.com.