Términos y condiciones

NOT MAEV TERMS OF SERVICES

Last Updated: March 3rd, 2023

COPYRIGHT NOTICE: ©Not Maev, Not Maev, NM, Not Maev Agite, NMA, Agite. All logos and trademarks are property of NOT MAEV. All rights reserved.

SECTION 26 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. SECTION 15, 16 AND 17 CONTAINS DISCLAIMERS AND LIMITATION OF LIABILITY. PLEASE READ THEM CAREFULLY. IF YOU LIVE IN A JURISDICTION WHERE THIS IS NOT FULLY OR PARTIALLY ALLOWED THIS SECTIONS MAY NOT APPLY TO YOU.

Not Maev. (“Not Maev” or “we”) facilitates and enables artists in building the future of gaming, fashion and collectibles. Please read these Terms of Service (“Terms”) carefully.

1. Registration. Application of Not Maev Terms of Services

notmaev.io is a platform that allows the user to connect an Ethereum based software cryptocurrency wallet and thus allow the use of certain assets within the experiences such as, but not limited to, games, online competitions and giveaways that Not Maev creates (the “Service/es” and/or the “Platform”).

To use the Platform and the services Not Maev provides through it, you need to register and create your user account.

You become a user of the Platform ("User") by completing the registration at www.notmaev.io (“Subscription”). Please be aware of the age and requirements you need to achieve to create an account and become a User.

Your subscription allows you to access content and services owed by Not Maev or third parties. Not Maev hereby grants, and you accept, a non-exclusive, revocable license and right, to use these content and Services for your personal, non-commercial use and always within the Platform. This license ends upon termination of your Subscription. Your license confers no title or ownership in the Services and the content.

By using the Platform you may be able to connect with certain social media. In that case, the usage of social media will be governed by its own terms and conditions. Note Maev is not a party to your relation with any social media and will not have any responsibility or liability for, arising out of, or relating to this usage.

1.1 Games

……… (Game) it's an online Agite is an online PVP (player vs. player) ranked brawler where you fight to the death against other players. Choose to play as a character of Not Maev’s lore, other NFT collections such as Samot Club and B.A.Y.C., or as a celebrity. Connect your wallet and the game will read your NFTs and allow you to use them as fighters. Some characters are made available by the Platform for you to use them for free.

The Game may contain violence, blood and strong lenguaje. Please see 4. Eligibility.

By using the Platform the User can access the Game and other Services. By using the Game, the User can also select accessories from our accessory library to dress or costume your character. Not Maev grants, and you accept, a non-exclusive, revocable license and right, to use this selection and the character using this selection, for your personal, non-commercial use, always within the Platform. This license ends upon termination of your Subscription. Your license confers no title or ownership in the Services and the content.

Notwithstanding the referred ownership, the User grants Not Maev and its affiliates a worldwide, for free, perpetual (or for the entire duration of the intellectual property rights) and exclusive right to use, reproduce, modify and create any derivative works from the character uploaded by the User, to distribute, broadcast, transmit and otherwise communicate, and publicly display and publicly perform, these User generated content. In any case of termination of the Subscription the license will continue enforceable and won't affect the rights of any sub-licensees.

Not Maev will be the sole owner of the derivative works created from the User generated content.

The User will generate this content by using interfaces, tools, accessories and designs provided by Not Maev to User enjoyment. Consequently, the license granted by the User to Not Maev will be form free.

1.2. Fashion

Not Maev may provide the service of selling clothing and accessories on the Platform. The service will require the user to register and will be governed by these Terms.

These Terms govern any access or use of the website at https://notmaev.io/ (“Platform”). and any use of the Services and will be binding to you as soon as you indicate your acceptance.

By using our Services, you agree to these Terms. If you do not agree to these Terms, do not register, create an account or use our Services.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email or providing a notice through our Platform. Not Maev may also inform that changes have been made to these Terms by updating the date at the top of these Terms and adding a NOTICE at the top. Unless we say otherwise in our NOTICE, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at support@notmaev.io.

2. Services and Digital Collectibles

Services as used herein includes any services, features and functionality related to the Service and to the purchase or sale of any blockchain-based, cryptographic non-fungible token (“NFT”) which, together with the license rights to any associated digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available (“Related Content”), comprises and is referred to herein as a “Digital Collectible”. The terms of your license to the Related Content and other terms applicable to the purchase or use of Digital Collectible will be presented to you at the time of purchase and a link to those terms will be embedded in the Digital Collectible’s metadata (“Digital Collectible Terms”).

Certain Services may be made available exclusively to the owner of a particular Digital Collectible. You may be required to demonstrate ownership of the applicable Digital Collectible in order to access these Services. Without limiting any other right to terminate or suspend Services under these Terms, we may terminate your access or use of these Services in the event that you transfer the applicable Digital Collectible to someone else.

Any digital works of authorship or other content made available through the Platform to an owner of a Digital Collectible that is intended as an “Additional Benefit” (as that term is defined in the Digital Collectible Terms) will be identified as such on this Terms and on the Digital Collectible Terms or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any license presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. No license rights are granted to you with respect to any other digital works of authorship and other content made available on the Platform. None of Not Maev or any third party has any obligation to provide any Additional Benefit and none of Not Maev or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.

3. Privacy

For information about how we collect, use, share or otherwise process information about the users of our Services, please see our Privacy Policy available at https://www.notmaev.io/policies/privacy.

4. Eligibility

In order to use our Services, you must meet the following eligibility criteria:

● You must not be located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country.

● You must not be listed on any United States government list of prohibited or restricted parties.

● You must be at least 13 years of age.

If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, both you and the person or entity agree to be responsible to us.

5. Your User Account and Account Security

You need to register for an account to access our Services. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. You are responsible for the activities of any users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

Access to your account is limited solely to you. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission.

You are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access our Services. You will not hold us responsible for managing and maintaining the security of your account. We are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.

6. Purchases of Digital Collectibles and any other Products and Services provided by the Platform. Refunds

We currently accept payments through credit card, as well as in the supported cryptocurrencies listed on our website here https://notmaev.io/aboutus. You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Web3 Wallet to the Services and use a supported type of cryptocurrency from your Web3 Wallet to complete your purchase.

As a convenience, we offer You the services of Crossmint (https://crossmint.io/) to enable the purchase of Services through traditional electronic payment methods such as, but not limited to, credit cards. We integrate their service as is. You can consult their terms of services here.

We do not offer a hosted digital wallet on the Platform or otherwise custody Digital Collectibles or any cryptocurrencies for our users. You will be required to link a supported blockchain-based digital wallet (“Supported Wallet”) provided by supported third-party unhosted wallet providers (“Supported Wallet Provider”) to the Platform before you will be able to purchase any of our Services. A list of Supported Wallets and Supported Wallet Providers, which we may update at our discretion, is available on our website here https://notmaev.io/aboutus. We will deliver any Digital Collectibles that you purchase from us directly to your Supported Wallet and you will be responsible for safekeeping the passwords and keys associated with your Supported Wallet. We will not be able to recover purchased Digital Collectibles for you in the event that you lose access to your Supported Wallet account or under any other circumstances.

Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. We are not in any way affiliated or partnered with Supported Wallet Providers. Your use of each Supported Wallet Provider’s products and services is subject to its applicable terms of service. We will not be liable for any loss that results from your use of a Supported Wallet Provider’s products and services, including Supported Wallets.

All pricing and payment terms are as set forth on these Terms and the Digital Collectible Terms, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, we will not provide a refund on any purchase.

Notwithstanding the aforesaid, during the period of 14 days from your payment, you can request a refund for any reason for Digital Collectibles that are sold together with its physical counterpart. These items are listed under the “PHYGITAL” category. To be eligible for a refund, the physical item must be returned to us undamaged, or have not been shipped yet.

We will not offer any refunds for Digital Collectibles. These items are listed under the “DIGITAL” category. These are limited edition items and are thus considered personalized.

After the 14 day period has passed for items from the “PHYGITAL” category no refunds will be offered partially or completely for the Digital Collectible part of the the product or service. The physical item part of the product is warranted for 90 days after purchase for faulty items. Evidence of the fault must be provided.

Refunds should be requested to support@notmaev.io. Please include a detail of the purchase issue or motivation of the request, so we can know how to improve our service.

Be aware that consumers in some jurisdictions may have additional or different rights to a refund. Please contact our support (support@notmaev.io) to ask for your jurisdiction´s regulation.

You will receive the refund of the exact amount you paid for the product or service, but not the associated network transaction cost if paid with cryptocurrency, within two weeks from your request, in the provided cryptocurrency wallet address or credit card.

We will be contacting you by email if for any reason, during this two weeks period, it is not possible for us to process your refund request automatically.

7. Suspension of Account

We have the right to immediately suspend your account, pause or cancel your access to our Services or to the Platform, or close your account if we suspect, in our sole discretion, that

a) Your account is being used for money laundering, to evade sanctions or to engage in illegal activity,

b) You have concealed or provided false identification information or other details,

c) You are breaking any of these Terms or violating any applicable law.

d) You have engaged in fraudulent activity, or

e) You have engaged in transactions in violation of these Terms.

The suspension of the Account will imply the ending of any rights or license to the Services and the Related Content.

8. License to Services and Ownership

Our Services, including the text, trademarks, logos, graphics, images, photographs, videos, illustrations and any other content contained therein, are owned by Not Maev or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to our Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, temporary and revocable license to access and use our Services for your own personal, noncommercial use. Any use of our Services

other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

9. Related Content

1) Generally.

Each Digital Collectible is a limited-edition digital asset composed of an NFT and associated Related Content as images, designs, logos, trademarks, etc. Related Content is licensed to you, not acquired by you when you acquire the NFT. Ownership of any Related Content is retained by Not Maev or the third party that developed or acquired ownership of the Related Content (any such third party, a “Third Party Developer”). No ownership or title in or to any Related Content is transferred to you, and no other right or interest in any Related Content is transferred to you except for the limited license rights that are expressly set forth in the Digital Collectible Terms. For clarification, the Related Content is neither stored nor embedded in the Digital Collectible, but is accessible through the Digital Collectible, subject to compliance with these Terms and the Digital Collectible Terms. Not Maev is entitled to suspend temporarily or permanently your access to the Related Content.

2) Restrictions.

You will not, attempt to, or permit or enable any third party to: (a) separate the Related Content from the Digital Collectible; (b) modify the Related Content, unless expressly permitted to do so pursuant to the Digital Collectible Terms; (c) register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in or to any Related Content; (d) use any Related Content to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or otherwise objectionable or inappropriate as determined by Not Maev at its discretion; (e) commercialize the Related Content or use the Related Content in connection with any business, message, product, or service, or in any manner that may imply endorsement of any business, message, product, or service; (f) use the Related Content in any manner that is likely to cause confusion or dilute, blur, or tarnish the Related Content or any intellectual property rights in the Related Content; or (g) use the Related Content in any manner that infringes, violates or misappropriates any third party intellectual property or intellectual property right, or that violates the these Terms or the Digital Collectible Terms.

10. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

- use or attempt to use another user’s account without authorization from that user and Not Maev; - impersonate or otherwise misrepresent your affiliation with a person or entity; - sell, resell or commercially use our Services;

- copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

- modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

- use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

- reverse engineer any aspect of our Platform, Services or Digital Collectibles or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services or to use them separately from the Platform;

- download or use Services, characters, assets, tools, music, or any other content outside the Platform unless express authorization from Not Maev;

- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;

- use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

- develop or use any applications that interact with our Services without our prior written consent; or

- use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 10 is solely at Not Maev’s discretion, and failure to enforce this section in some instances or persons does not constitute a waiver of our right to enforce it in other instances or persons. In addition, this Section 9 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

11. Trademarks

Not Maev and our logos, our product or service names, our slogans and the look and feel of our Services are trademarks of Not Maev and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

12. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Not Maev or our Services (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Not Maev’s sole discretion. You understand that Not Maev may treat Feedback as non-confidential.

13. Third Party Content

We may provide information about Additional Benefits made available by third parties or other third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Not Maev does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk. Not Maev will not be liable for any consequence regarding any Third Party Content.

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Not Maev and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Not Maev Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to

a) Your access to or use of our Services (including, without limitation, Digital Collectibles, Additional Benefits and Related Content);

b) Your Feedback;

c) Your violation of these Terms (including, without limitation, the terms and conditions with respect to any Digital Collectible, Additional Benefit or Related Content);

d) Your violation, misappropriation or infringement of any intellectual property, privacy, or other rights of another; or

e) Your conduct in connection with our Services.

You will cooperate with the Not Maev Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims

(including, but not limited to, attorneys' fees). Not Maev Parties will have control of the defense or settlement, at Not Maev’s sole option, of any third-party Claims.

15. Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN WRITING BY US, THE SERVICES AND ANY CONTENT IN THE SERVICES, AND ANY AND ALL RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT AND DIGITAL COLLECTIBLE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, NOT MAEV DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, RELATED CONTENT, THIRD-PARTY CONTENT, BENEFITS OR ANY DIGITAL COLLECTIBLES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE NOT MAEV ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF ANY RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT OR DIGITAL COLLECTIBLE INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR APPLICABLE BLOCKCHAIN.

THE DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN NETWORK. ANY TRANSFER OF CONTROL THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE APPLICABLE BLOCKCHAIN NETWORK.

The Not Maev Platform and Services are subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform or Service. Not Maev may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Platform or Service. You accept the risk of the Platform and Service failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.

16. Disclaimer of damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOT MAEV AND THE OTHER NOT MAEV PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF NOT MAEV OR THE OTHER NOT MAEV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Limitation of liability

THE TOTAL LIABILITY OF NOT MAEV AND THE OTHER NOT MAEV PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, OR ANY AND ALL RELATED CONTENT, BENEFIT AND DIGITAL COLLECTIBLE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES.

The limitations set forth in Sections 16 and 17 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Not Maev or the other Not Maev Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

18. Release

To the fullest extent permitted by applicable law, you release Not Maev and the other Not Maev Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to

a) Disputes between users,

b) Acts or omissions of third parties, or

c) Anything else for which you have agreed that Not Maev will have no responsibility or liability pursuant to these Terms. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to

claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

19. Collecting Data

In order for us to provide our Services, we may process, transfer, collect and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

Please see our Privacy Policy.

We do not require personal data to create an account or to process any payment of our Services. We only require you to create a user and a password for your own safety.

In the case of purchases made with a credit card, any additional information will be solicited by a third party payment processor (e.g.: Stripe) and it will be treated accordingly to its own privacy policy. We do not have access to or store any of that information.

We do collect information related to your preferences, your use of our Services and your Game experiences. Refer to our privacy policy for more information.

We use that information to improve your experience on the Platform and to enhance the services we provide.

We share the information we collect with our subsidiaries and affiliates, but we do not share it with third parties.

You can access the information we collect at any time by requesting it to support@notmaev.io

About Cookies and other technologies used to collect this information, please see our Privacy Policy and in case of any doubt, please contact us at support@notmaev.io

20. Governing Law and Venue

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of Delaware without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in the boroughs of Wilmington in the state of Delaware and you consent to jurisdiction and venue in such courts.

21. Modifying and Terminating our Services

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

22. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

23. Relationship of these Terms and Digital Collectible Terms

Digital Collectible Terms may be entered between you and Not Maev (“Not Maev Collectible Terms”) or in case Not Maev allows it in the future, between you and the applicable Third Party Developer (“Third Party Collectible Terms”). Not Maev Collectible Terms, and any other terms that may be provided with or that you may otherwise agree to in connection with any particular Digital Collectible or any Additional Benefit, are incorporated into, and made a part of, these Terms by this reference. Not Maev is not a party to any Third Party Collectible Terms and will not have any responsibility or liability for, arising out of, or relating to any Third Party Collectible Terms.

Notwithstanding anything else in any Digital Collectible Terms, these Terms complement the Digital Collectible Terms and these Terms will apply to any exercise of any license in or to any Related Content, any transfer of any Digital Collectible or any other use or disposition of any Digital Collectible; provided that in the event of any conflict or inconsistency between these Terms and any Digital Collectible Terms, the Digital Collectible Terms will govern. For avoidance of doubt, and notwithstanding anything else in these Terms or any Digital Collectible Terms, if you breach any obligation to make payments to Not Maev pursuant to any Digital Collectible Terms or these Terms, such breach shall constitute a breach of any and all of these Terms and any applicable Digital Collectible Terms.

These both Terms constitute the entire agreement between you and Not Maev relating to your access to and use of our Services, the Digital Collectibles and the Additional Benefits and Related Content..

24. Miscellaneous

Notwithstanding any other provisions of these Terms, Sections 5 through 25 survive any expiration or termination of these terms. The failure of Not Maev to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.

25. Dispute Resolution; Binding Arbitration

Except for smaller concerns, which can be resolved by contacting our support at support@notmaev.io, any dispute arising from your relation with us and the Services we provide, shall follow the procedure explained below.

YOU AND NOT MAEV AGREE:

- TO RESOLVE ALL DISPUTES AND CLAIMS IN INDIVIDUAL BINDING ARBITRATION UNDER THE JAMS RULES.

- THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THE SERVICES IS PERSONAL AND WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTIONS, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

- THAT YOU AND NOT MAEV ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

Any dispute, controversy or claim arising out of or relating to this Terms or the Services we provide in the Platform, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of three arbitrators. The seat of the arbitration will be Wilmington, Delaware, USA. The language to be used in the arbitral proceedings will be english. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

The enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Not Maev will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at support@notmaev.io. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.

If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.