Terms Of Service

Introduction

These terms and conditions ("Terms") govern your use of N8ked ("the Website"). By accessing and using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Website or use our services.

Definitions

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

  • "Us," "We," "Our," "Ourselves" refers to the operators of the Website, including its owners, administrators, developers, and any affiliated entities, officers, employees, agents, partners, and licensors.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software on this website.
  2. remove any copyright or other proprietary notations from any materials and software on this website.
  3. transfer the materials to another person or "mirror" the materials on any other server.
  4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks.
  5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
  6. use this website or its associated services in violation of any applicable laws or regulations.
  7. use this website in conjunction with sending unauthorized advertising or spam.
  8. harvest, collect, or gather user data without the user's consent.
  9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to us and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

User-Generated Content

Users of this platform are solely responsible for any content they upload or generate. We do not endorse, support, or guarantee the accuracy, integrity, or quality of any user-generated content. You are forbidden from generating images of individuals without their explicit consent or individuals who are minors. Any use of our services to infract upon others' rights, engage in illegal activities, or carry out prohibited actions will not be tolerated. By accessing and using this platform, you agree that:

  1. Responsibility: You are solely responsible for any content you generate, upload, or submit on the platform, including its legality, accuracy, and appropriateness.
  2. Liability Waiver: We are not liable for any damages, losses, or liabilities arising from user-generated content. This includes but is not limited to defamation, infringement of intellectual property rights, or any other harm caused by user-generated content.
  3. Indemnification: You agree to indemnify and hold us harmless from any claims, demands, or actions arising out of or related to your user-generated content, including but not limited to legal fees and expenses incurred in defending against such claims.

By using this platform, you acknowledge and agree that we reserve the right to ban users who violate these terms and conditions or submit objectionable content. While we do not actively monitor user-generated content, we may take action if necessary to maintain the integrity and safety of the platform.

Zero Tolerance for Explicit Content Involving Minors

We enforce a strict policy of zero tolerance towards any form of explicit content involving minors on this platform. Any user found to be involved in the creation, distribution, or promotion of such content will be permanently banned from the platform. Such activities will also be reported to the appropriate authorities.

Age Requirements

You must be at least 18 years old to use this platform. By accessing and using this platform, you affirm that you are of legal age and have the capacity to enter into these terms and conditions. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Liability

You acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of reputation, profits, goodwill, data, or other intangible losses resulting from your use of the website. We provide the website on an "as is" and "as available" basis without any warranties. You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, costs, or expenses arising from your use of the website or violation of these terms and conditions.

Purchases and Payment Options

When making a purchase on our platform, you agree to the following terms regarding pricing, product options, and payment methods. We offer three distinct product options:

  • PRO: $0.20 for 1 tokens
  • API: $0.10 for 1 tokens

All transactions are securely processed through our trusted third-party service providers, ensuring the highest level of security for your payments. We do not store or have access to your payment information, and by completing a purchase, you acknowledge and agree to abide by the terms and conditions set forth by our payment service providers. Various payment methods, including credit/debit cards, electronic funds transfer, and other options, are accepted, facilitated by our payment service providers. Prices are subject to change without prior notice, but any changes will not affect purchases that have already been confirmed. Refunds, if applicable, will be processed through the original payment method used for the purchase, subject to our Refund Policy. You are responsible for any applicable taxes or fees associated with your purchases, as determined by your local jurisdiction.

Exclusion of Warranties

You expressly understand and agree that your use of the services is at your own risk. We provide the services on an "as is" and "as available" basis, without any warranties or representations of any kind. We do not warrant that:

  • The services will meet your requirements.
  • The services will be uninterrupted, timely, secure, or free from error.
  • Any information obtained by you as a result of your use of the services will be accurate or reliable.
  • Defects in the operation or functionality of any software provided to you as part of the services will be corrected.

Additional Tools

From time to time, we may provide additional tools or resources on the platform for your convenience. These tools are provided on an "as is" basis, and we make no warranties regarding their effectiveness, reliability, or suitability for your purposes.

Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the services.
  • Your violation of these terms and conditions.
  • Your violation of any rights of any other person or entity.
  • Any content you submit, post, transmit, or make available through the services.

You agree to cooperate as reasonably required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Right to Terminate

We reserve the right to terminate or suspend your access to the platform at any time, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions.

Refund Policy

Refunds may be issued within a 24-hour window from the date of purchase, subject to certain conditions. To be eligible for a refund, customers must submit a request within this timeframe, citing valid reasons such as products or services not meeting advertised specifications, technical issues, or unintentional duplicate purchases. Refund requests outside of this window or for reasons deemed ineligible, such as change of mind or personal preference, will not be honored.

Due to the inherent characteristics of cryptocurrency transactions, refunds are not available for purchases made using this payment method. Cryptocurrency payments are irreversible and final once processed on the respective blockchain network. We advise customers to thoroughly review the product or service details before confirming any cryptocurrency payments.

To initiate a refund, customers should email customer support at [email protected], providing details of the purchase and the reason for the request. Refunds will be processed through the original payment method, unless otherwise specified. We reserve the right to refuse refund requests that do not meet the criteria outlined in this policy. By making a purchase, customers agree to adhere to the terms of this Limited Refunds Policy.

Entire Agreement

These Terms and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be 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. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.