Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your use of Marketapp (the "Platform"), a decentralized NFT marketplace built on the TON blockchain. By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use our Platform.
For the purposes of these Terms, "we", "us", and "our" refers to Marketapp, and "you" refers to you, the user of the Platform.
1.1 Platform Description
Marketapp is a non-custodial, decentralized marketplace that facilitates the trading of Non-Fungible Tokens (NFTs), digital collectibles, domain names, and other digital assets on the TON blockchain. The Platform operates through smart contracts and does not hold custody of user funds or assets.
2. Eligibility and Registration
2.1 Age Requirements
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.
2.2 Account Access
The Platform does not require traditional registration. Access is provided through connecting your TON wallet or via Telegram. You are responsible for maintaining the security of your wallet and any associated credentials.
2.3 Prohibited Users
The Platform is not available to persons who are residents of, or located in, jurisdictions where the use of the Platform would be illegal or prohibited. You represent that your use of the Platform complies with all applicable laws and regulations.
3. Platform Services
3.1 NFT Trading
The Platform facilitates the buying, selling, and auctioning of NFTs. All transactions are executed through smart contracts on the TON blockchain and are irreversible once confirmed.
3.2 Auction System
Users may participate in auctions by placing bids on NFTs. Auction rules, including duration and minimum bid increments, are governed by smart contract logic and cannot be modified once started.
3.3 Limit Orders
The Platform allows users to create limit orders for NFT purchases. These orders remain active until executed, canceled, or expired according to the terms set by the user.
4. User Responsibilities
4.1 Wallet Security
You are solely responsible for maintaining the security of your TON wallet, private keys, and seed phrases. We cannot recover lost wallets or reverse transactions made from compromised accounts.
4.2 Transaction Verification
Before completing any transaction, you must verify all details including NFT authenticity, collection verification, price, and transaction parameters. All sales are final.
4.3 Compliance
You agree to comply with all applicable laws and regulations in your jurisdiction, including but not limited to tax obligations, anti-money laundering laws, and securities regulations.
4.4 Prohibited Activities
You may not use the Platform to:
- Engage in any illegal activities or violate any laws
- Infringe on intellectual property rights
- Manipulate markets or engage in wash trading
- Distribute malware or attempt to hack the Platform
- Create fake or misleading listings
- Engage in any form of harassment or abuse
5. Platform Disclaimers
5.1 No Custody
The Platform is non-custodial. We do not hold, store, or have access to your funds or NFTs. All assets remain in your wallet or in smart contract escrow during transactions.
5.2 No Warranty
The Platform is provided "as is" without warranties of any kind. We do not guarantee the authenticity, quality, or value of any NFTs traded on the Platform.
5.3 Blockchain Risks
Blockchain technology involves inherent risks including but not limited to network congestion, failed transactions, smart contract vulnerabilities, and irreversible transactions. You acknowledge and accept these risks.
5.4 Third-Party Content
NFTs and collections on the Platform are created by third parties. We do not endorse, verify, or guarantee any third-party content, and we are not responsible for any disputes arising from such content.
5.5 Non-Involvement in Disputes
We have no obligation to become involved in any disputes, legal proceedings, or other matters that may occur between users of the Platform or between users and any third parties (including government authorities). We do not accept responsibility for the availability, accessibility, or continuity of any content, products, services, or assets represented on the Platform. We do not accept responsibility for any disputes arising from your use of the Platform.
6. Fees and Payments
6.1 Platform Fees
The Platform may charge fees for certain services. All applicable fees will be clearly displayed before transaction confirmation. Fees are non-refundable.
6.2 Network Fees
All transactions on the TON blockchain require network fees (gas fees) paid directly to the blockchain network. These fees are separate from any Platform fees and are not controlled by us.
6.3 Creator Royalties
Some NFT collections may include creator royalties on secondary sales. These royalties are automatically enforced by smart contracts where implemented.
7. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from your use of the Platform.
Our total liability to you for all claims arising from your use of the Platform shall not exceed the amount of fees you have paid to us in the twelve months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Marketapp and its affiliates from any claims, damages, losses, or expenses arising from your use of the Platform, your violation of these Terms, or your violation of any law or rights of a third party.
9. Termination
We may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform ceases immediately.
You may stop using the Platform at any time. Since the Platform is non-custodial, termination does not affect your ownership of any NFTs or funds in your wallet.
10. Dispute Resolution
10.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Platform will be governed by and construed in accordance with applicable law, without regard to conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in courts of competent jurisdiction.
10.2 Arbitration
Any disputes arising between you and us from these Terms or your use of the Platform shall be resolved through binding arbitration rather than in court, except where prohibited by law.
11. Modifications
We reserve the right to modify these Terms at any time. Material changes will be posted on the Platform with reasonable notice. Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms.
12. Contact Information
If you have any questions about these Terms, please contact us through the official channels provided on the Platform.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Last updated: 01.06.2025