1. Introduction
Welcome to Hana Studios (the "Platform").
These Terms and Conditions (the "Terms" or this "Agreement") govern the use of the Platform, including any website for accessing the Platform, and any services provided through the Platform provided by Unagi S.A.S (the "Company", "we", "us" or "our").
The Terms form a binding agreement between the Company and you, as an individual user ("you", "your" or "User") for your individual usage of the Platform. By accessing or using the Platform, you confirm your acceptance of this Agreement. If you do not agree to these Terms, you must immediately cease using the Platform.
2. Services
The Platform provides access to generative AI tools that allow users to create personalized content based on their NFTs (e.g. short videos, images, stickers) in exchange for cryptocurrency payments. The Platform does not offer fiat-to-crypto exchange, wallet custody, or financial advisory services.
3. Eligibility
You must be at least 18 years old and not located in a jurisdiction subject to international sanctions (e.g. OFAC, FATF high-risk countries). You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
4. Use of Cryptocurrency
In exchange for access to the Platform and the Services, you agree to pay a fee on each settled transaction initiated by you (such fee, a "Transaction Fee"). Payments are made directly on-chain. You are responsible for ensuring that your wallet is secure and under your control. The Platform is not responsible for lost, stolen, or misdirected funds, howsoever lost, stolen or misdirected.
We reserve the right to change, modify or increase the Transaction Fees at any time and from time to time. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases on the Platform. Your continued use of the Platform following the posting of the modified Transaction Fee will constitute the acceptance of all such changes or revisions.
5. AML & Risk Monitoring
We are committed to compliance with all applicable standards in relation to AML and Risk Monitoring. To ensure the safety of our users and partners:
- • We may, from time to time, monitor wallets and transactions using automated blockchain analytics.
- • We may, from time to time, monitor wallets and transactions using automated blockchain analytics.
- • We may, at any time in our sole discretion, request identity verification (KYC).
6. No Custody
We do not – at any time whatsoever – hold user funds. Payments are made from your wallet directly to the Platform’s smart contracts or receiving address.
7. Data & Privacy
We respect your privacy.
No personal data is collected unless required by law or triggered by risk-based thresholds (see Clause 5). All data processing complies with the EU General Data Protection Regulation (GDPR).
8. Intellectual Property
All title, ownership rights and intellectual property rights in or relating to the Platform, any information transmitted by, to or over the Platform and information regarding use of the Platform will remain with the Company or its licensors. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any of the Company’s or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.
You agree not to:
- (a) modify, adapt, reproduce, translate or create derivative works of the Platform, or any data or content provided through the Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform;
- (b) remove any copyright notice, trademark, legend, logo or product identification from the Platform;
- (c) misrepresent the other platform as the Company’s Platform by co-opting the visual "look and feel" of or text from the Company’s Platform or otherwise violate the Company’s intellectual property rights, including, without limitation, "scraping" text or images from the Company’s Platform or the Company managed banners and/or text links, search marketing or all other online and offline campaigns;
- (d) edit, modify, filter, truncate or change the order of the information contained in any part of the Company’s Platform, or remove, obscure, or minimize any part of the Company’s Platform in any way without authorization of the Company; or
- (e) make any commercial use of the Platform or the Company’s logo, trademark or brand name in any way.
You agree that damages may be an inadequate remedy for any breach of this Clause 8, and that the Company may take steps to secure injunctive relief to prevent you from taking any steps (actual or threatened) in breach of this Clause 8.
9. Prohibited Uses
You shall use the Platform solely in compliance with these Terms. You shall not sell, lease or otherwise provide access to the Platform to any third party, nor act as a service bureau or otherwise use Platform on behalf of any third party. You shall not use the Platform in any way, provide any information or content, or engage in any conduct in using the Platform that:
- (a) is unlawful, illegal or unauthorized;
- (b) is defamatory of any other person;
- (c) is obscene, sexually explicit, offensive or in any way abusive;
- (d) advertises or promotes any other product or business;
- (e) is likely to harass, upset, embarrass, alarm or annoy any other person;
- (f) is likely to disrupt the Platform in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- (g) infringes any copyright, trademark, trade secret, or other proprietary right of any other person;
- (h) restricts or inhibits any other person from using the Platform, including, without limitation, by means of "hacking" or defacing any portion of the Platform;
- (i) disables, damages or alters the functioning or appearance of the Platform;
- (j) "frames" or "mirrors" any part of the Platform without our prior written authorisation;
- (k) uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine", "scrape", "harvest" or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
- (l) harvests or collects information about other Users without their express consent;
- (m) sends unsolicited or unauthorized advertisements, spam, or chain letter to other Users of the Platform;
- (n) transmits any content which contains software viruses, or other harmful computer code, files or programs; or
- (o) advocates, promotes or assists any violence or any unlawful act.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
All disputes arising out of or in connection with the present contract shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
11. Changes
We reserve the right at any time to:
- (a) modify, update or change the terms and conditions of this Agreement;
- (b) modify, update, or change the Platform, including eliminating or discontinuing any content or feature of the Platform; or
- (c) impose fees, charges or other conditions for use of the Platform or parts thereof (with reasonable notice) (all of the foregoing referred to as "Changes").
We may make such Changes at any time without prior notice (except as noted in subsection(c) above). Any Changes to this Agreement may be posted on our website. You accept any Changes if you continue to use the Platform after such Changes are effected.
12. Release
To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release us, our parent company, affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the "Indemnified Parties"), from any and all allegations, counts, charges, debts, causes of action, claims and losses, relating in any way to the use of, or activities relating to the use of the Platform, including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation, false identities, fraudulent acts by others, invasion of privacy, release of Personal Information, failed transactions, purchases or functionality of the Platform, unavailability of the Platform, or any claim based on vicarious liability for torts committed by you encountered or transacted with through the Platform.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by us. This release is intended by the parties to be interpreted broadly in favour of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
13. Indemnification and Limitation of Liability
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of
- (a) your (or if you are under another person’s authority, including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the Platform; or
- (b) your breach of this these Terms.
We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.
UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE PLATFORM, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF INFORMATION, LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE PLATFORM OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM, OR 1,000 EUROS, WHICHEVER IS GREATER.
14. General
These Terms constitute the entire and only agreement between you and the Company with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms may not be changed, waived or modified except by the Company as provided herein. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
15. Contact
For questions or legal notices, contact us at: contact@unagi.games