Terms of Service

01 Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website https://themintlab.xyz and the TheMintLab NFT collection generator service (collectively, the "Service"), operated by TheMintLab ("we", "us", "our").

By accessing or using the Service, registering for an account, or completing a purchase, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the Service.

These Terms constitute a legally binding agreement between you and TheMintLab, governed by the laws of England and Wales. We reserve the right to modify these Terms at any time. Continued use of the Service following notification of changes constitutes acceptance. It is your responsibility to review these Terms periodically.

02 Eligibility

You may use the Service only if:

• You are at least 18 years of age;
• You are legally capable of entering into a binding contract under the laws of your jurisdiction;
• You are not prohibited from using the Service under applicable laws;
• You are not located in a jurisdiction where NFTs or digital asset tools are prohibited or restricted.

By using the Service, you represent and warrant that you meet all of the above eligibility requirements.

03 Description of the Service

TheMintLab provides a browser-based NFT collection generator and a metadata batch editing tool (collectively, the "Tools"). The Service allows users to:

• Upload PNG or WebP layer images and configure traits and rarity weights;
• Apply trait conditions (inclusion and exclusion rules) between traits;
• Generate unique NFT images and associated metadata files compatible with Ethereum, Polygon, Base, Arbitrum, BNB Chain, Kaspa, Solana, and Tezos;
• Download generated collections as ZIP archives containing image files and JSON metadata;
• Batch-edit existing JSON metadata files via the metadata editing tool.

The Service is a tool only. We do not provide legal advice, financial advice, investment advice, or guidance on the creation, sale, or marketing of NFTs. Nothing in the Service or on our website constitutes such advice.

04 Access Tiers and Payments

4.1 Tier Structure

Tier limits and pricing are subject to change. Any changes will not affect access already purchased.

4.2 Payment

Payments for paid tiers are processed by Stripe, Inc. via Stripe Checkout. By completing a purchase, you also agree to Stripe's Terms of Service and Privacy Policy. All prices are displayed in GBP and are inclusive of any applicable VAT unless otherwise stated. Upon successful payment verification, your session access link will be delivered to the email address associated with your Stripe payment.

4.3 7-Day Access Window

Paid tier access is time-limited to 7 calendar days from the date of purchase. Within this window, you may generate and re-download your collection an unlimited number of times, subject to the NFT limit of your tier. After expiry, access is revoked. You may purchase a new session at any time. Your 7-day access is tied to the email address used at checkout. You may access your session from any browser or device by clicking your magic link.

4.4 Upgrades

You may upgrade to a higher tier at any time. Upon upgrade, your existing session is superseded and a fresh 7-day window commences from the date of the upgrade purchase.

4.5 Refunds

Due to the digital and immediately deliverable nature of the Service, all sales are final. We do not offer refunds once an access link has been issued and a session created, except where required by applicable consumer protection law.

If you are a consumer based in the United Kingdom, you may have statutory rights under the Consumer Rights Act 2015. Nothing in these Terms affects your statutory rights.

05 Intellectual Property and Copyright

5.1 Your Content and Layer Images

You retain full ownership of all layer image files, creative assets, and any other content you upload to or use with the Service ("Your Content"). By using the Service, you grant us no licence to Your Content. Your images are never uploaded to or processed on our servers.

You represent and warrant that:

• You own or have obtained all necessary rights, licences, and permissions to use Your Content with the Service;
• Your Content does not infringe any third-party intellectual property rights, including copyright, trademarks, design rights, or moral rights;
• Your Content does not violate any applicable laws, including laws relating to obscenity, defamation, or harassment;
• Where Your Content incorporates or is derived from third-party material, you have obtained express written permission from the rights holder to use that material for NFT creation and commercial sale.

TheMintLab accepts no liability for infringing content created using the Service.

5.2 Generated Output

The NFT images and metadata files generated by the Service using Your Content are your property, subject to any third-party rights in the underlying layer images. We make no claim to ownership of your generated collection. You are solely responsible for ensuring that your generated NFTs comply with all applicable laws and third-party rights before listing, selling, or distributing them on any marketplace or blockchain.

5.3 TheMintLab Intellectual Property

The Service, including the collection generator software, metadata batch editor, website design, source code, algorithms, trademarks, logos, and all related materials, are the exclusive intellectual property of TheMintLab and are protected by copyright, trademark, and other applicable laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service strictly in accordance with these Terms. You may not:

• Copy, reproduce, distribute, or create derivative works from any part of the Service;
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of any part of the Service;
• Use the Service to build a competing product or service;
• Remove, alter, or obscure any copyright, trademark, or proprietary notices in the Service;
• Resell, sublicence, or transfer your access to a third party.

5.4 NFT Metadata and Standards

The metadata formats produced by the Service are based on open standards including OpenSea's metadata standard, Metaplex's Token Metadata standard, and TZIP-21 for Tezos. We make no warranty that these standards will remain current or that any particular marketplace will accept your metadata format.

06 Acceptable Use Policy

You agree not to use the Service to generate, create, or distribute NFTs or other content that:

• Infringes any third-party intellectual property rights, including copyright, trademarks, or design rights;
• Depicts or facilitates illegal activity of any kind;
• Contains obscene, pornographic, or sexually explicit material;
• Constitutes hate speech, discrimination, or content designed to harass, threaten, or intimidate individuals or groups;
• Involves the likeness, image, or name of any real person without their express consent;
• Is designed to deceive, defraud, or mislead consumers, including counterfeit brand assets or misleading provenance claims;
• Violates any applicable securities, financial, or consumer protection laws.

You also agree not to:

• Circumvent, disable, or interfere with any security or access control features of the Service;
• Use automated scripts, bots, or tools to access the Service in a manner that places unreasonable load on our infrastructure;
• Create multiple accounts or sessions to exceed your tier limits;
• Share your access link or session token with third parties for commercial gain.

We reserve the right to suspend or terminate your access without notice if we believe you have violated this Acceptable Use Policy.

07 Disclaimers and Limitation of Liability

7.1 No Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that:

• The Service will be uninterrupted, error-free, or free of viruses or other harmful components;
• The generated NFT images or metadata will meet any particular quality standard or marketplace requirement;
• Any blockchain, smart contract, or NFT marketplace will accept or support your generated output;
• NFTs have any particular commercial value or that the NFT market will sustain or increase in value.

7.2 Limitation of Liability

To the fullest extent permitted by law, TheMintLab's total liability to you for any claim arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or £50, whichever is greater.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or the cost of substitute services.

Nothing in these Terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under applicable law, including the Consumer Rights Act 2015.

7.3 NFT Market Risk

You acknowledge that the NFT market is volatile, speculative, and subject to significant regulatory uncertainty. TheMintLab makes no representations about the commercial viability of any NFT collection you create using the Service. You bear sole responsibility for all commercial, legal, and tax consequences of creating, listing, and selling NFTs.

08 Indemnification

You agree to indemnify, defend, and hold harmless TheMintLab and its officers, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Service;
• Your Content, including any claim that Your Content infringes a third party's intellectual property rights;
• Your breach of these Terms or any applicable law;
• Any NFTs or collections you create, distribute, or sell using the Service.

09 Third-Party Services and Links

The Service integrates with Stripe for payment processing. Your use of Stripe is subject to Stripe's own terms and privacy policy. We are not responsible for Stripe's acts, omissions, or service availability.

Our website may contain links to third-party websites, IPFS services, NFT marketplaces, or blockchain tools. These links are provided for convenience only. We have no control over, and accept no responsibility for, the content, privacy practices, or terms of any third-party site.

References to specific blockchains, marketplaces, or platforms (such as OpenSea, Metaplex, Pinata, or NFT.Storage) are for informational purposes only and do not constitute an endorsement or recommendation.

10 Termination and Suspension

We may suspend or terminate your access to the Service at any time, without notice, if we believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately.

If your session is terminated for a material breach of these Terms, you will not be entitled to a refund. You may cease using the Service at any time. Session data will be deleted in accordance with our Privacy Policy retention schedules.

11 Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising from or connected to these Terms or the Service.

If you are a consumer resident in another part of the United Kingdom (Scotland or Northern Ireland), you may also have the right to bring proceedings in the courts of your home jurisdiction.

We encourage you to contact us at enquiries@themintlab.xyz in the first instance to resolve any dispute informally before commencing legal proceedings.

12 General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TheMintLab regarding the Service and supersede all prior agreements, representations, and understandings.

12.2 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed and the remaining provisions shall continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

12.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to any successor entity in connection with a merger, acquisition, or sale of assets.

12.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to acts of God, internet outages, denial-of-service attacks, blockchain network failures, or government action.

13 Contact and Complaints

For any questions, concerns, or complaints relating to these Terms or the Service, please contact us. We aim to respond to all enquiries within 5 business days.

If you are a consumer and remain dissatisfied following our response, you may be entitled to refer your dispute to an alternative dispute resolution (ADR) scheme or to the courts, as set out in Section 11.