Last updated 12/10/2024
These Terms of Service (“Terms”) govern your access to and use of Trraform (“trraform.com”, “we”, “us”, or “our”), a platform for exploring and creating a collaborative virtual world powered by the Ethereum blockchain.
By accessing our website or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms, as updated or amended from time to time. If you do not agree to these Terms in their entirety, you must not access or use our services.
Non-Fungible Token: A unique, blockchain-based digital asset that represents ownership of specific items or content, such as art, collectibles, or virtual property.
Plot, Digital Asset, Crypto Asset: A non-fungible token that represents a discrete unit of digital land within a virtual world. Users can upload and manage a "build" (a user generated voxel structure) associated with the Plot as well as other properties (such as a name, description, and link).
Subplot: A Plot that exists as a subordinate or nested unit within another Plot. Its designation as a Subplot is defined by its relationship to the overarching Plot in which it resides, and not by intrinsic properties that would differentiate it from any other plot at any other depth.
Parent Plot: A Plot that acts as a container for one or more Subplots. A Parent Plot is defined by its relationship to its Subplots, serving as their immediate superior within the nesting structure.
Depth: The hierarchical level of a Plot or Subplot within the virtual world. Depth is determined by the number of nesting levels above a given Plot. For example, a top-level Plot resides at Depth 0, its immediate Subplots are at Depth 1, and further nested Subplots are at increasing Depths. The current maximum depth is Depth 2 and is subject to change.
Mint Price: the price in ethereum to introduce a new token into the total supply. This value is set by us for Depth 0 Plots and parent plot owners for all other plots.
Crypto Wallet, Wallet: A digital tool for storing, managing, and transacting cryptocurrency and blockchain-based assets, including tokens and NFTs. It also enables access to decentralized applications.
Smart Contract: A self-executing program on the Ethereum blockchain that automatically enforces agreements and transactions based on predefined conditions.
Marketplace: A platform for buying, selling, or trading digital assets, such as NFTs or crypto assets, often using blockchain technology.
User, You: Any individual accessing the website whether that individual has connected a wallet or not and whether that individual engages any of the services or not.
Loss: includes damage, cost, expense, liability or charge (including legal costs and expenses).
Claim: Claim includes a claim, demand, notice, action, proceeding, investigation, litigation, however arising whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this agreement and where and to the extent the context permits, includes all associated Loss.
The value of digital assets is highly volatile and may fluctuate significantly. There is no guarantee of financial gain or protection against financial loss when purchasing, selling, holding, or trading digital assets. Engaging in these activities carries a substantial risk of financial loss, and you should carefully consider whether they are appropriate for you in light of your personal circumstances, including your financial situation, risk tolerance, and overall objectives.
By using our services, you acknowledge and agree that we are not acting as a broker, intermediary, agent, or advisor, nor do we have any fiduciary relationship or obligation to you. Any activities you undertake, whether involving our services or third-party services such as exchanges, NFT marketplaces, or similar platforms, are conducted at your own risk.
We do not provide investment, financial, legal, or consulting advice. Any communication or information provided by us, through our platform or otherwise, is for general informational purposes only and should not be interpreted as advice of any kind.
You are solely responsible for assessing the risks associated with your activities involving digital assets and for managing the consequences of any loss, damage, or other adverse outcomes that may arise. We are not liable for any losses you incur, including but not limited to, financial losses, the loss of digital assets, or any other damages resulting from your use of our services or third-party services.
You represent and warrant that you are at least 18 years old, or of the age of majority in your jurisdiction, to access and use any aspect of the Trraform platform that requires a cryptocurrency wallet connection. This includes, but is not limited to, holding or owning plots, managing plots, and editing plots. For any aspect of the platform that does not require a cryptocurrency wallet connection, you must be at least 13 years old, or the age of majority in your jurisdiction if it is greater than 13. Additionally, your use of the Trraform platform must comply with all applicable laws, including those related to cryptocurrencies.
To be eligible to use the Trraform platform, you must be an individual, corporation, legal person, entity, or other organization with the full power, authority, and capacity to access and use the platform and to enter into and comply with your obligations under these Terms. If you act as an employee or agent of a legal entity, you must be duly authorized to act on behalf of and bind such legal entity to these Terms. Furthermore, you must not be located in, incorporated in, otherwise established in, a resident of, or conducting business operations in a jurisdiction where accessing or using the Trraform platform would violate any applicable laws or cause us or any third party to contravene applicable laws.
We reserve the right to amend our eligibility criteria at any time and at our sole discretion. Wherever possible, we will provide you with prior notice of changes. However, there may be circumstances where immediate changes are necessary, such as to comply with legal or regulatory obligations, to make changes that are in your interest, or for other valid reasons that prevent advance notice.
To access our services, you need necessary equipment (computer or smartphone) as well as an internet connection. You will also need a supported 3rd party browser extension or mobile app crypto wallet to access certain features.
We do not guarantee that our services or any of its features will always be available, error-free, or operate without interruptions. Access to Trraform may be restricted, suspended, or discontinued at any time, including for maintenance, upgrades, or to comply with legal obligations. We are not responsible for any loss, damage, or inconvenience caused by such interruptions or unavailability.
You agree not to access or attempt to access Trraform using any means other than those explicitly provided or authorized by us. You must not engage in any activities that compromise the security, integrity, or proper functioning of the platform, including but not limited to unauthorized access, reverse engineering, or use of automated tools such as bots or scrapers.
Accessing and interacting with Trraform may require the use of third-party services, such as cryptocurrency wallets or NFT marketplaces. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the actions or policies of third parties and disclaim any liability arising from your interactions with them.
Some features of our service may require you to connect a third-party Ethereum wallet to interact with the blockchain. We do not store, access, or manage private keys or wallet data; all interactions requiring your wallet's private key are handled exclusively through your chosen wallet provider. You are solely responsible for safeguarding your wallet credentials, including private keys and recovery phrases, and we are not liable for any losses resulting from their compromise, including loss of funds. All blockchain transactions are irreversible, and we bear no responsibility for errors, unauthorized access, or unintended transactions. Additionally, interactions with third-party wallet providers or decentralized applications are at your own risk, and we disclaim liability for their actions, security practices. We are also not liable for network disruptions, increased fees, or delays caused by blockchain congestion or downtime. Use of our service is at your own risk, and you acknowledge that we do not provide financial, legal, or investment advice.
The Trraform Smart Contract (“smart contract”) is designed to securely manage the minting, transfer, and ownership of digital assets, as well as the distribution of royalties to asset holders. The smart contract utilizes the ERC-721C non-fungible token standard developed by Limit Break which is an extension of the widely-used ERC-721 standard. The inherent transparency of blockchain technology ensures that all smart contracts, transactions, and associated events are publicly accessible and verifiable. By interacting with this smart contract, you acknowledge that you have reviewed it in its entirety, understand its functionality and implications, and accept full responsibility for your actions and decisions. This includes understanding how minting, transfers, royalties, or other operations governed by the smart contract may affect your digital assets, as well as recognizing that all interactions are immutable and irreversible once confirmed on the blockchain.
Users of Trraform who own Plots can create and submit content, including builds placed on their Plot, their Plot's name, description, and link. While this content allows for creative expression, users are required to follow specific guidelines to ensure compliance and safety. Prohibited content includes nudity, sexually explicit material, depictions or promotion of illegal activities, promotion of regulated products such as drugs or firearms, exploitative content including scams or fraudulent schemes, child sexual abuse material (CSAM), and links to malware, harmful software, or illegal resources. Trraform does not have control over content that users upload to our servicers. We do not guarantee nor claim that all user-generated content will be free from profanity or sensitive material, and ALL USERS should exercise discretion when interacting with content on the platform.
By submitting content to Trraform, you retain ownership of your content but grant Trraform a worldwide, non-exclusive, royalty-free license to use, display, modify, or distribute your content. You represent and warrant that you own the rights to the content or have appropriate permissions to use it and that it does not violate any applicable laws or regulations. Trraform does not endorse or verify user-generated content and is not liable for any harm, loss, or damages resulting from interactions with such content.
Our services are provided at our absolute discretion. Trraform reserves the right to modify, remove, or restrict access to any user-generated content at its sole discretion, without prior notice or justification. Users have the ability to report Plots with content that violates these Terms. Such reports may be reviewed by our moderation team. Users are encouraged to report any plots or content that violate these terms.
By using Trraform, you acknowledge that you are solely responsible for the content you create or share and agree to comply with these guidelines. Violations of these terms may result in content removal, account restrictions, or other necessary actions taken by Trraform.
Although Trraform reserves the rights to content submitted to the platform and linked to digital assets stored on the blockchain; we do not have the ability to restrict your access to the underlying digital assets. Trraform cannot modify the supply of your assets (excluding user initiated actions that are executed by the Trraform smart contract, such as minting and transferring tokens), nor interfere with your ability to sell, trade, transfer, or retain ownership of those assets. The blockchain operates independently, and your control over your digital assets remains entirely in your hands, subject to the rules and functionality of the blockchain network itself.
You understand and acknowledge that if your Plot is eligible for the sale of Subplots, the price you set for minting Subplots will be stored on-chain and cannot be altered by us. This price is determined at your sole discretion but must adhere to the specified range established by the governing smart contract. When a Subplot is minted within a Plot you own, you are entitled to receive a royalty amounting to 70% of the sale price you set. These funds are automatically distributed to the wallet that owns the Plot at the time of the Subplot sale. These royalties as well as the range for mint prices are subject to change (see "Amending These Terms").
You agree to pay all applicable fees associated with your use of Trraform, including those incurred during interactions with Trraform digital assets and the Trraform smart contract through third-party services such as NFT exchanges. These fees are required to facilitate your transactions and to support the operation and maintenance of the Trraform platform.
Applicable fees include, but are not limited to:
1. Gas Fees: Gas fees are transaction costs on the Ethereum blockchain that cover the computational resources required to execute transactions, such as buying, selling, or transferring digital assets, as well as interacting with the Trraform smart contract. These fees are variable and determined by network congestion, transaction complexity, and other factors. Gas fees are paid directly to the Ethereum network and are outside of Trraform's control.
2. Aftermarket Sale Fees: A 3% fee is applied to all aftermarket sales of Trraform assets, such as Plots and Subplots, conducted through secondary marketplaces or similar services. This fee is used to support the ongoing development and operation of the Trraform platform. This fee is enforced through the ERC-721C token standard.
Additional fees may also apply depending on the third-party services or platforms you use to interact with Trraform digital assets. You are solely responsible for understanding and agreeing to any fees charged by those third parties, as they are independent of Trraform.
By using Trraform, you acknowledge and accept these fees as a condition of accessing and using the platform's services.
All transactions conducted on the Trraform platform use Ethereum as payment.
The price of each transaction will be displayed to the user through their connected third-party cryptocurrency wallet when prompted to authorize the transaction. Users are responsible for reviewing the transaction details, including the price, before proceeding. If the transaction price is not displayed or appears incorrect, users should not complete the transaction and should contact us for assistance. Transactions on the Ethereum blockchain are irreversible.
Transactions conducted on the Ethereum blockchain may occasionally fail due to factors outside of our control, such as network congestion, insufficient gas fees, or errors in the blockchain protocol. Trraform is not liable for any failed transactions or associated losses, including gas fees incurred during failed attempts.
Users must ensure that their connected wallet has adequate funds, including Ethereum (ETH) for both the transaction amount and any associated gas fees, to successfully complete transactions. It is the user’s responsibility to verify their wallet balance before initiating a transaction.
All minting transactions for Trraform assets must be conducted exclusively through our official platform. Attempting to mint assets through any other website or service is strictly prohibited and may result in the loss of funds or assets. Trraform is not responsible for any issues arising from minting attempts on unauthorized platforms.
We do not owe you any legal, equitable, or fiduciary duties beyond those explicitly stated in these terms. We and our affiliates may act in multiple capacities or serve multiple users, including receiving fees or commissions from others, and you agree to these arrangements. We are not obligated to consider, disclose, or use any material information we or our affiliates may have for your benefit. While we maintain systems to identify and manage conflicts of interest, we reserve the right to decline to act for you if a conflict cannot be managed without adversely affecting your interests.
We reserve the right to modify, suspend, restrict, or terminate any aspect of the platform or your access to it at any time, with or without notice, and for any reason. This includes, but is not limited to, cases where you are no longer eligible to use the platform, engage in fraudulent, unlawful, or unauthorized activities, or violate these Terms. We may also take such actions if required by law, in response to legal or regulatory proceedings, or due to concerns about financial risk, money laundering, or other criminal activity.
Our decisions may rely on confidential risk management and security protocols, and we are not obligated to disclose these details. If we reasonably believe that assets in your wallet are stolen or unlawfully possessed, we may terminate your access but are not obligated to intervene in disputes regarding such assets or transactions.
By using the platform, you acknowledge that these actions may occur and agree to comply with any resulting restrictions or requirements.
By accepting these Terms, you also agree to our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy in its entirety and agree to be bound by its terms.
By using the platform, you represent and warrant that you have independently assessed your financial resources, risks, and objectives, and have made the decision to use the platform based on your own judgment. You confirm that you have the legal authority, capacity, and any necessary approvals or permissions to access and use the platform and to fulfill any obligations under these terms. You affirm that any content you upload, including intellectual property, is either owned by you or used with proper authorization and does not infringe on the rights of any third party. Additionally, you acknowledge that your use of the platform and any agreements or actions related to it will not violate any laws, regulations, contracts, or governing documents applicable to you. If you are acting on behalf of an organization, you confirm that the organization is legally established and has authorized you to act on its behalf.
All intellectual property rights in and to the platform, including but not limited to its design, functionality, content, software, trademarks, logos, and other proprietary materials, are owned by us or our licensors. Your use of the platform grants you no rights, title, or interest in any intellectual property, except as explicitly provided in these Terms.
You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on any part of the platform unless you have our prior written consent or are otherwise legally authorized to do so. Any unauthorized use of our intellectual property is strictly prohibited and may result in the termination of your access to the platform and legal action.
If you submit any content to the platform, including user-generated materials, you represent and warrant that you own or have the necessary rights to such content. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, display, distribute, and modify the content for the operation and promotion of the platform. You acknowledge that you are solely responsible for ensuring that your submitted content does not infringe any third-party rights, and you agree to indemnify us against any claims arising from such infringements.
Trraform is provided "as is" and "as available," without any warranties, express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, continuous, or error-free access to the platform, and delays or service interruptions may occur, including during scheduled or emergency maintenance. While we strive to process transactions promptly and keep information up to date, we make no guarantees about processing times, accuracy, completeness, or timeliness of the content. Links to third-party websites are provided for convenience, and we are not responsible for their content or services. You are responsible for ensuring you have the necessary hardware, devices, and data network access to use the platform, which may be subject to delays, malfunctions, or limitations inherent in electronic communications and the internet.
You agree to indemnify, defend, and hold harmless Trraform, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising from your breach of these Terms, violation of applicable laws or regulations, use of the platform, submission of content, infringement of third-party rights, or any unauthorized or fraudulent activities associated with your use of our services. This indemnity obligation will remain in effect even after these Terms are terminated and your use of the platform has ended.
To the fullest extent permitted by law, we and our affiliates are not liable for any loss, damages, or costs, whether direct, indirect, incidental, or consequential, except where such loss arises solely and directly from our willful misconduct or fraud. Our total liability, in any event, is limited to the fees you paid to us for the transaction that gave rise to the claim, and such payment will serve as full and final settlement for all related claims.
We are not responsible for any loss of profits, business opportunities, data, or digital assets arising from your use of the platform. This includes, but is not limited to, losses related to the functionality or security of blockchain protocols or digital assets, delays or interruptions in service, maintenance activities, unauthorized access to your wallet, phishing or hacking incidents, technical issues, hardware or software failures, actions by third parties, and market volatility.
We are not obligated to resolve disputes involving third parties, including fraud, scams, or disputes over the ownership or use of digital assets. Additionally, we disclaim liability for any inaccuracies, delays, or interruptions in data or communication services.
You agree that it is your responsibility to secure your devices, maintain updated antivirus software, and be vigilant against phishing and malware attacks. Any claims against us must be formally initiated within one year of the event giving rise to the claim. Beyond this period, no claims will be recognized.
By using the platform, you accept these limitations of liability and agree to take appropriate measures to protect yourself from potential risks associated with digital assets and online services.
These Terms and any dispute or claim arising out of or in connection with them, including their interpretation, formation, or enforcement, shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the platform shall first be resolved through good faith negotiations. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration shall take place in Jacksonville, Florida, United States, and the decision of the arbitrator shall be final and binding on all parties.
You agree to waive any right to a jury trial or to participate in a class action lawsuit. Each party will bear its own costs and expenses in arbitration unless the arbitrator decides otherwise. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop any unauthorized use or abuse of the platform or any violations of our intellectual property rights.
By using the platform, you acknowledge and agree to the terms of this dispute resolution and governing law clause.
We reserve the right to amend, modify, or update these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the platform, unless otherwise specified. It is your responsibility to review these Terms periodically to stay informed about any changes. Your continued use of the platform after any amendments constitutes your acceptance of the revised Terms. If you do not agree with the amended Terms, you must stop using the platform immediately.
We reserve the right to modify certain parameters of the Trraform smart contract, including but not limited to the maximum permissible Depth of which a plot can exist, the “Depth 0” Plot mint price, the minimum and maximum Subplot mint prices, the default Subplot mint price, the maximum total supply of plots, the mint royalties percentage (as outlined in the Mint Royalties section), and the aftermarket sale royalties percentage.
If you have any questions or concerns regarding the Terms listed, you can contact us by sending an email to [email protected] or through our Discord Server.