(SAFE HARBOR NFT VERSION)
Last Updated: December 15, 2025
Version: 2.0 – License-Free NFT Seller Framework
These Terms are designed to govern the use of a digital collectibles platform operating as an NFT seller with optional promotional giveaways. The Protocol does not offer gambling, lotteries, betting, investment products, or financial services of any kind.
BY CONNECTING A WALLET OR INTERACTING WITH THE SMART CONTRACTS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.
1.1 "Protocol" means the decentralized, non-custodial smart contract system known as FOS, deployed on the Base Layer-2 blockchain.
1.2 "Fos Digital Collectible" or "NFT" means a unique ERC-721 digital collectible representing digital art and associated utility.
1.3 "User" means any person who accesses the Protocol or interacts with its smart contracts.
1.4 "Fos Team" means the original developers and maintainers of the Protocol interface, excluding the autonomous smart contracts themselves.
2.1 Product-First Sale
The Fos Digital Collectible is a standalone digital art and utility product. The User's payment is made solely in exchange for the NFT itself.
2.2 Independent Value
The User acknowledges that the NFT has independent aesthetic, social, and collectible value regardless of whether any promotional feature exists or operates.
2.3 No Financial Purpose
The NFT is not offered or sold as an investment, financial instrument, security, or store of value. No purchase is made with an expectation of profit, income, appreciation, or financial return.
3.1 Ancillary and Optional Nature
Any reward, giveaway, allocation, or benefit is strictly ancillary, optional, and promotional in nature. Such features are not part of the purchase consideration for the NFT.
3.2 No Guarantee
No User is guaranteed to receive any reward, benefit, or allocation. The availability, frequency, size, or occurrence of any giveaway is entirely discretionary and may change or cease at any time.
3.3 Marketing Giveaway Classification
Any promotional distribution operates solely as a marketing giveaway comparable to brand-based NFT promotions and loyalty campaigns common in the digital collectibles industry.
3.4 No Reliance
The User acknowledges that they would purchase the Fos Digital Collectible regardless of the existence of any promotional giveaway.
4.1 No Wagering
The Protocol does not involve wagering, staking, betting, or risking funds against the Protocol or any operator.
4.2 No Lottery or Game of Chance
The Protocol does not operate a lottery, raffle, sweepstakes, or game of chance. Any automated selection mechanism is a technical allocation process and not a gambling activity.
4.3 No Loss-for-Gain Structure
Users do not risk funds in exchange for the possibility of gain. The purchase price is paid solely for the NFT.
5.1 Discretionary Project Allocation
Any giveaway or reward, if distributed, is funded from discretionary project or community allocations and not from pooled user stakes, prize pots, or betting pools.
5.2 No Redistribution Promise
There is no promise or representation that user payments will be redistributed to other users.
5.3 Automatic Pool Liquidation (365-Day Failsafe)
You acknowledge and agree that if a specific Collection Cycle does not reach 500 mints within 365 days of its creation, the Protocol is programmed to automatically execute a "Liquidation Event."
The Result: The accrued Reward Pool for that cycle will be distributed to the current participants based on the standard protocol probability weights.
No Indefinite Lock-up: This mechanism ensures that user funds are never held indefinitely in a stagnant pool. The cycle will reset immediately after liquidation.
6.1 User Control
The Protocol is non-custodial. The Fos Team does not control, store, or access User private keys or assets.
6.2 Smart Contract Autonomy
All transactions are executed by autonomous smart contracts. The Fos Team cannot reverse, modify, or cancel blockchain transactions.
7.1 Blockchain Finality
Blockchain transactions are irreversible. All NFT sales are final. No refunds are possible once a transaction is confirmed.
7.2 Gas Fees (General)
Users are solely responsible for all blockchain gas fees. The Fos Team is not liable for gas price fluctuations, failed transactions, or network congestion.
7.3 Specific High-Gas Transaction Risk ("Green Eye" Mechanism)
WARNING: Certain protocol-defined transactions (including, but not limited to, the final mint of a given sequence, commonly referred to as the "Green Eye") may require significantly higher gas limits due to the execution of additional automated contract logic.
By initiating any mint transaction, you expressly acknowledge and accept that:
(a) you may be the participant who triggers such a high-gas transaction;
(b) the gas cost for such a transaction may be materially higher (potentially many multiples of a standard mint);
(c) this additional gas cost is not part of the NFT price and is paid solely to the blockchain network, not to the Fos Team; and
(d) no reward, benefit, or promotional allocation is guaranteed in connection with bearing this additional gas cost.
By proceeding, you voluntarily assume this risk and waive any claim based on unexpected or elevated gas fees.
8.1 Optional Participation
Participation in any referral or affiliate feature is optional and not required to access or use the Protocol.
8.2 Promotional Nature
Referral benefits are promotional incentives and do not constitute income, compensation for services, or an investment opportunity.
8.3 No Employment or Partnership
Users participating in referrals act independently and are not employees, partners, agents, or representatives of the Fos Team.
8.4 Tax Responsibility
Users are solely responsible for determining and complying with any tax obligations applicable in their jurisdiction.
9.1 User License
NFT purchasers receive a personal, non-exclusive, non-commercial license to display the associated digital art.
9.2 Reserved Rights
All intellectual property rights in the Protocol, brand, interface, and smart contract code remain with the Fos Team or its successors.
10.1 As-Is Service
The Protocol is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
10.2 Blockchain Risks
Users acknowledge the risks of blockchain technology, including bugs, exploits, network congestion, and loss of access.
To the maximum extent permitted by law, the Fos Team's total liability for any claim shall not exceed the amount paid by the User for a single NFT.
12.1 Explicit Restricted Jurisdictions
Access to and use of the Protocol is expressly prohibited for any person or entity who is a resident, citizen, or physically located in:
12.2 No Targeting or Solicitation
The Fos Team does not target, market, or solicit users in the above jurisdictions. Any access from such jurisdictions is unauthorized and constitutes a material breach of these Terms.
12.3 Circumvention
Use of VPNs, proxies, or other methods to circumvent geographic restrictions is strictly prohibited and deemed fraudulent.
13.1 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Protocol shall be finally resolved by binding arbitration.
13.2 Seat and Rules
The seat of arbitration shall be Saint Vincent and the Grenadines. Arbitration shall be conducted in English under internationally recognized arbitration rules.
13.3 Governing Law
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.
13.4 No Class or Representative Actions
Users waive any right to bring claims as part of a class, collective, or representative action.
If any provision is held unenforceable, the remaining provisions shall remain in full force.
The Fos Team may transition governance to a DAO or foundation. Upon transition, the Fos Team shall have no ongoing operational or fiduciary obligations beyond mandatory law.
These Terms constitute the entire agreement between the User and the Fos Team and supersede all prior communications. In case of conflict, these Terms prevail over any whitepaper, marketing material, or documentation.
17.1. No Financial Advice or Investment
Fos Digital Collectibles are sold strictly as consumer goods for artistic and social utility. No information on this platform constitutes financial advice, investment advice, or a recommendation to buy. You agree that you are purchasing an NFT with no expectation of profit, dividends, or capital appreciation.
17.2. Non-Gambling (Promotional Nature)
The Protocol's "Reward Distribution" is an automated, ancillary loyalty mechanism designed to reward community participation. It is not a lottery, sweepstakes, wager, or game of chance. Participation is incidental to the purchase of the NFT product.
17.3. The "Green Eye" Gas Risk (Critical Warning)
You acknowledge that gas fees on the Base Network fluctuate. Specifically, the 500th transaction of any cycle ("The Green Eye") triggers complex contract execution, resulting in significantly higher gas costs (~18x standard). By initiating a transaction, you voluntarily accept the risk that you may be the 500th minter and bear this cost. Gas fees are paid to network validators, are non-refundable, and are outside the Fos Team's control.
17.4. Restricted Jurisdictions
This Protocol is NOT offered to persons or entities resident in the United States, Canada, the United Kingdom, or the European Economic Area (EEA). Accessing the Protocol from these jurisdictions is a violation of our Terms and is strictly prohibited.
17.5. Smart Contract Autonomy
Allocations are governed entirely by immutable smart contract code. The Fos Team cannot modify, influence, or reverse any outcome. You acknowledge that blockchain software is experimental and carries inherent risks, including code vulnerabilities or network failure.
17.6. Limitation of Liability
By interacting with the app, you agree to hold the Fos Team, developers, and affiliates harmless for any losses, including failed transactions, high gas fees, or smart contract exploits. Use at your own risk.
18.1 No Refunds (Digital Content Waiver)
ALL SALES ARE FINAL. Due to the immutable nature of blockchain transactions, payments cannot be reversed once processed.
18.2. Gas Fees & The "Green Eye" Risk
Users are solely responsible for all network gas fees ("Transaction Costs").
18.3. Allocation Claims
18.4. Technical Failures
The Protocol is not liable for transactions that fail due to:
