1. ACCEPTANCE OF TERMS
By accessing or using Aurafloor (the "Platform," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.
2. DEFINITIONS
2.1 Key Terms
- "NFT" means a unique, non-fungible token minted or recorded on a blockchain.
- "Audio Content" means any audio file, podcast, musical recording, or sound recording linked to an NFT on the Platform.
- "Creator" means a user who mints, lists, or sells an NFT on the Platform.
- "Collector" means a user who purchases, acquires, or holds an NFT from the Platform.
- "User" means any individual or entity accessing or using the Platform.
- "Smart Contract" means the self-executing contract code deployed on a blockchain that governs the creation, transfer, and rules of an NFT.
- "Platform Balance" means the amount of Pi added to the Platform wallet.
- "Intellectual Property Rights" means all copyrights, trademarks, patents, trade secrets, moral rights, and other proprietary rights.
3. ELIGIBILITY AND ACCOUNT
3.1 Age Requirement
You must be at least 18 years old to use the Platform. By using it, you represent and warrant that you meet this requirement.
3.2 Account Registration
To use core features, you must connect a valid Pi Network cryptocurrency wallet. You are solely responsible for maintaining the security of your wallet, private keys, and account credentials, and for all activities conducted through your account.
3.3 Prohibited Jurisdictions
You may not use the Platform if you are located in, or a resident of, any jurisdiction where the use of Pi network blockchain technology or NFT trading is prohibited or restricted by applicable law.
4. CREATOR OBLIGATIONS
4.1 Prohibited Content
Creators must not mint NFTs containing Audio Content that: infringes IP rights; contains unauthorized samples or covers; is defamatory, harassing, or hateful; violates privacy/publicity rights; contains malware; promotes illegal activities; or contains sexually explicit material involving minors.
4.2 Verification
The Platform may require additional verification for certain content, such as proof of mechanical licenses for cover songs or agreements from all collaborators.
4.3 Accurate Metadata
Creators must provide accurate and complete metadata, including proper title, artist attribution, genre tags, and disclosures of samples or explicit content.
5. FEES, ROYALTIES & PAYMENTS
5.1 Primary Sales
On the initial sale of an NFT: Aurafloor charges a 10% platform fee. The Creator receives the remaining 90% of the sale price.
5.2 Secondary Sales
On all subsequent resales: Aurafloor charges a 5% platform fee. A Creator royalty of 5-15% (as set by the Creator at minting) is automatically distributed. The seller receives the remainder.
5.3 Subscriptions
5.3.1 Subscription Plans. Aurafloor may offer paid subscription plans ("Subscriptions") that provide access to enhanced features. Details are specified on the Platform.
5.3.2 Automatic Renewal. UNLESS YOU CANCEL BEFORE YOUR NEXT BILLING CYCLE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US TO CHARGE THE APPLICABLE FEE.
5.3.3 Cancellation. You may cancel your Subscription at any time through your account settings. Cancellation stops future renewals but does not refund fees for the current billing period.
5.3.4 Changes. We reserve the right to modify Subscription fees or features with prior notice. Your continued use after such changes constitutes acceptance.
5.4 Payment Processing
All transactions are processed on-chain via Smart Contracts. Platform fees and Creator royalties are automatically deducted and distributed. Users are solely responsible for paying all associated blockchain network fees (gas fees).
5.5 Taxes
Users are solely responsible for determining, reporting, and paying any taxes applicable to their transactions on the Platform.
6. BLOCKCHAIN & SMART CONTRACT RISKS
6.1 Acknowledgement
You acknowledge that NFT transactions are governed by immutable Smart Contracts on public blockchains. The Platform does not control these networks and cannot reverse transactions.
6.2 Inherent Risks
You accept risks including, but not limited to: Smart contract bugs; network congestion; lost private keys resulting in permanent asset loss; cryptocurrency volatility; and regulatory changes.
6.3 No Refunds
All sales are final. Due to the nature of blockchain technology, the Platform cannot issue refunds for completed transactions.
6.4 Gas Fees
You are responsible for all blockchain network/gas fees, which are non-refundable and vary based on network conditions.
7. PLATFORM SERVICE
7.1 Service Description
We provide an NFT minting, marketplace, and streaming platform. We reserve the right to modify, suspend, or discontinue any service aspect at any time.
7.2 No Guarantee
The Platform is provided "as is" and "as available." We do not guarantee uninterrupted, secure, or error-free service.
8. CONTENT MODERATION
We reserve the right to remove any content or suspend any account that we believe, in our sole discretion, violates these Terms, is illegal, or is harmful to the Platform. Removal does not affect the underlying blockchain ownership of the NFT.
9. USER CONDUCT
You agree not to use the Platform to: violate laws; infringe rights; engage in fraud, wash trading, or market manipulation; upload malware; harass others; or attempt to gain unauthorized access. Violations may result in account termination, forfeiture of funds, and legal action.
10. OTHER GOVERNING POLICIES
Your use of the Platform is also governed by our Privacy Policy and our Copyright Policy, which are incorporated into these Terms by reference.
11. DISCLAIMER OF WARRANTIES
THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROVIDE INVESTMENT, FINANCIAL, OR TAX ADVICE.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT OF FEES YOU PAID TO US IN THE SIX MONTHS BEFORE THE CLAIM AROSE. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
13. INDEMNIFICATION
You agree to indemnify and hold Aurafloor, its affiliates, and their personnel harmless from any claims or damages arising from your use of the Platform, your breach of these Terms, or your Audio Content.
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms are governed by the laws of South Africa, without regard to conflict of law principles.
14.2 Arbitration
Any dispute shall be resolved by binding, individual arbitration in Johannesburg, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA).
14.3 Class Action Waiver
YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
15. TERMINATION
We may suspend or terminate your access immediately for any breach of these Terms. You may stop using the Platform at any time. Provisions that by their nature should survive termination (including Payments, Disclaimers, Liability, and Indemnification) will survive.
16. GENERAL
These Terms constitute the entire agreement. We may amend them by posting a revised version; your continued use constitutes acceptance. If any part is held invalid, the remainder stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign freely.
17. CONTACT
For questions about these Terms, please contact:
Email: legal@aurafloor.co.za
Address: Johannesburg, South Africa
If you have any questions, contact our support team at legal@aurafloor.co.za