Terms of Service

1. Acceptance of Terms

By accessing and using the OpenWIH NFT marketplace platform ("Platform") located at openwih.com, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service constitute a legally binding agreement between you and OpenWIH. You must be of legal age and have the legal capacity to enter into this agreement.

2. Platform Description

OpenWIH is a decentralized NFT marketplace that enables users to create, buy, sell, and trade non-fungible tokens (NFTs) on various blockchain networks including Ethereum, Polygon, and Arbitrum.

Our platform facilitates peer-to-peer transactions between users and provides tools for NFT creation, marketplace listing, and digital asset management. OpenWIH acts as a facilitator and does not take ownership of any NFTs listed on the platform.

3. Account Registration and Digital Wallet Connection

To use certain features of our Platform, you must:

• Create an account by connecting a compatible digital wallet (such as MetaMask)
• Maintain the security of your wallet and private keys
• Provide accurate and complete information during registration
• Update your information as necessary to keep it current and accurate

You are solely responsible for maintaining the confidentiality of your wallet credentials and for all activities that occur under your account.

4. Platform Transactions

All transactions on the Platform are executed through smart contracts on the blockchain. By using our Platform, you acknowledge and agree that:

• All sales are final and cannot be reversed
• You are responsible for ensuring transaction accuracy before confirmation
• Network fees (gas fees) are payable in addition to the NFT price
• Transaction completion depends on blockchain network confirmation
• OpenWIH cannot reverse, cancel, or refund completed blockchain transactions

5. User Content and NFTs

When you create or upload NFTs to our Platform, you represent and warrant that:

• You own or have the necessary rights to the content
• Your content does not infringe on third-party intellectual property rights
• Your content does not violate any applicable laws or regulations
• Your content is not defamatory, obscene, or otherwise objectionable

You retain ownership of the intellectual property rights in your original content, but grant OpenWIH a license to display and facilitate transactions of your NFTs.

6. Intellectual Property Rights

The Platform and its original content, features, and functionality are owned by OpenWIH and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Users retain ownership of their NFT content but acknowledge that purchasing an NFT does not necessarily grant copyright or other intellectual property rights in the underlying content.

7. Prohibited Conduct

You agree not to:

• Use the Platform for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe upon or violate the rights of others
• Transmit or upload malicious code or harmful content
• Attempt to manipulate or circumvent the Platform's security features
• Create fake accounts or impersonate others
• Engage in wash trading or market manipulation
• Upload content that is illegal, harmful, or violates community standards

8. Platform Fees and Payments

OpenWIH charges fees for certain platform services, including but not limited to:

• Marketplace transaction fees on successful sales
• NFT minting and creation fees

Additionally, users are responsible for all blockchain network fees (gas fees) associated with their transactions. Fee structures are displayed transparently before transaction confirmation.

9. Disclaimer of Warranties

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. OpenWIH expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of non-infringement
• Warranties regarding the accuracy, reliability, or completeness of information
• Warranties regarding uninterrupted or error-free operation

10. Limitation of Liability

To the fullest extent permitted by applicable law, OpenWIH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or digital assets
• Cost of substitute goods or services
• Damages arising from blockchain network issues or smart contract failures

Our total liability for any claims relating to the Platform shall not exceed the amount of fees paid by you to OpenWIH in the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpenWIH, its officers, directors, employees, agents, and third parties from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses (including reasonable attorneys' fees) arising from or relating to your use of the Platform or your violation of these Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Saint Vincent and the Grenadines, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the applicable jurisdiction.

You waive any right to participate in a class action lawsuit or class-wide arbitration against OpenWIH.

13. Account Termination

OpenWIH reserves the right to suspend or terminate your account at any time, with or without cause, including but not limited to:

• Violation of these Terms of Service
• Suspected fraudulent or illegal activity
• Extended periods of inactivity
• Technical or security concerns

Upon termination, your access to the Platform will cease, but your NFT ownership on the blockchain remains unaffected.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and OpenWIH concerning your use of the Platform.

16. Changes to Terms

OpenWIH reserves the right to modify these Terms of Service at any time. We will notify users of material changes by posting the updated terms on our Platform and updating the "Last Updated" date.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at: