TERMS AND CONDITIONS OF THE NEOBAY.IO PLATFORM
Terms and conditions of use of the NFT Neobay.io Platform.
- For the purposes of the following regulations, the following terms are defined:
- TERMS AND CONDITIONS - these rules and regulations available at www.neobay.io/pomoc/regulamin are a set of specific rules and standards that define the conditions for the use of the NeoBay.io platform by Customers as well as the rights and obligations of the Company.
- CUSTOMER - also referred to as USER, any person using NeoBay.io, and in particular an individual, legal person or organizational unit that is not a legal person, to which special regulations grant legal capacity, who intends to conclude or has concluded an agreement with Quantum P.S.A.
- USER PROFILE - a panel where the user can enter a username and his description. In the panel he can also view all his NFTs, and go to the selected modules. The user profile is created automatically after logging in through a software wallet such as Metamask.
- NEOBAY.IO - otherwise known as NFT/NEOBAY PLATFORM - an NFT platform for certifying, authenticating, buying and selling digital and traditional works with security and authenticity confirmation in the form of NFT encrypted on the Blockchain network.
- NFT - also known as TOKEN NFT - a unique digital asset encrypted on the Blockchain network that is unforgeable and unhackable. NFT is used to confirm authenticity and ownership. Tokens can be sold or transferred using the Neobay.io platform
- MINT/MINTING- the process of creating a new NFT token - in the case of the NeoBay.io platform, the NFT is minted on the main Ethereum network.
- QUANTUM PROSTA SPÓŁKA AKCYJNA otherwise known as QUANTUM or SPÓŁKA - the responsible entity and creator of the Neobay.io. platform. with its registered office in Wrocław ul. Ofiar Oświęcimskich 21/7, 50-069 Wrocław, entered in the Register of Entrepreneurs of the National Court Register under the number KRS: 0000946754, having NIP: 9662158377 and REGON: 521000904 for the register kept by the REGISTRAR'S COURT IN BIAŁYMSTOK, XII ECONOMIC DEPARTMENT OF THE NATIONAL REGISTER.
- FIAT - official state currencies printed by Central Banks, which oversee financial markets and are responsible for the shape of the modern economy. The effect of increasing the money supply is inflation.
- CRYPTOGRAPHIC CURRENCY - otherwise known as CRYPTO, is a decentralized digital money based on the Blockchain network. All transactions take place directly between users, and trust is embedded in the system. Neobay.io uses the greenest and most energy-efficient Blockchain - Ethereum and its native currency - Ether.
- ETHEREUM - a functional Blockchain network on which the software developed by Quantum is based.
- BLOCKCHAIN wallet - a wallet used to interact with Blockchain. With its help we log in, confirm transactions and store cryptocurrencies
- CIVIL CODE - the Act of April 23, 1964- Civil Code (Journal of Laws No. 16, item 93 as amended).
- RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 August 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827 as amended).
- ELECTRONIC SERVICE PROVISION ACT - the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended).
- AUTHOR'S LAW-The Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83, as amended).
- ORDER/ORDER- a declaration of will of the Customer, aimed directly at concluding a Contract for the purchase or sale of NFT.
- If any term is not defined in this paragraph or hereafter, it shall be understood in accordance with their common meaning accepted in Polish or English.
- The Regulations set forth the rules, rights and obligations of Customers and the Company.
- The NeoBay.io platform is owned by Quantum Prosta Joint Stock Company.
- io platform is modular platform. The rules, rights and obligations cover all modules and any use of the platform. Using the platform means browsing the content on it and using the available modules (functionalities).
- It is strictly forbidden to add works or attempt to create NFT to a work for which we do not have the appropriate copyright or ownership rights. Any such attempt will be reported to law enforcement agencies.
- The Neobay.io platform offers an application for certifying NFTs, selling, buying and transferring NFTs. More modules are added based on user feedback. The regulations apply to future modules as well. The rules and regulations are updated as needed, and users are informed about them.
- The Company takes continuous measures related to the security of the Platform. As part of the correct operation, the Customer should report irregularities and errors to the Company through the chosen communication channel or through the form available on the Platform. It is forbidden to use the errors encountered for one's own benefit or to cause harm to the Company.
- Communication with the Company takes place through selected communication channels:
- registered office: ul. Ofiar Oświęcimskich 21/7, 50-069 Wrocław
- e-mail address: firstname.lastname@example.org or email@example.com
- phone number: +48 728 376 596
- Contact form available on the Platform or at: www.quantum.neobay.io
- The NeoBay.io platform is available to any user, with a computing device (PC, tablet, smartphone, etc.) that has Internet. In this way, you can browse the available NFTs, familiarize yourself with the blog or regulations. However, in order to use the functionality associated with the Blockchain network, it is necessary to have a blockchain wallet, such as Metamask. Your account will be created based on your wallet address. Logging into the platform is also done using the wallet. Subsequently, access to selected modules and functionality is conditional. For this reason, in order to use:
- Minting (creating) your own NFT tokens - it is necessary to verify the user and the copyright of the works with which the NFT tokens will be associated. Verification can be obtained through the verification form on the platform.
- NFT transfer - in order to transfer your NFT using the platform you only need to log in through a blockchain wallet such as Metamask. The NFT you own - no matter where it is - can be transferred via our interface to any other wallet address.
- Selling and buying NFT - KYC verification is required, which prevents illegal use of the platform by the user. The platform is not responsible for the user's activities after verification. Selling can be done by auction or buy now option.
- Checking the authenticity of certificates - a module available to any user.
- 4 GENERAL RULES FOR THE USE OF SERVICES AND MODULES
- The NeoBay.io platform works in a modular fashion. Through the Quantum platform, it allows customers to view content, certify products using NFTs through the app, purchase and sell NFTs with copyright or ownership, view their NFTs encrypted on the Ethereum network.
- Each client, after going through the KYC (know your client) process, can buy or sell their NFT, which is placed on the Ethereum Blockchain for FIAT currency or cryptocurrencies.
- Each customer, after passing the copyright or ownership verification process, has the right to create their NFT and place it on the Ethereum blockchain network through the Platform's interface.
- The client's general responsibilities are:
- Use of the Platform in a manner that does not interfere with its operation through its activity or external software;
- Use of the Platform in a manner that does not cause inconvenience to customers and the Company;
- Use of the Platform in a manner consistent with the provisions of the applicable territory of the
- Republic of Poland law, the provisions of the Regulations, as well as with the general
- Internet usage rules.
- 5 PRINCIPLES OF CONTRACTING
- Contracts concluded between Customers and the Company are concluded on the following terms:
- The service agreement to view the content available on the Platform and its subdomains is concluded for a fixed period of time, i.e. for the duration of the use of the Platform, and is terminated when the customer closes the Platform website
- The contract for the provision of services involving the creation of a user profile and its modules is concluded for a fixed period of time, i.e. for the duration of holding an account on the platform. The contract is terminated after sending an order to delete the account available in the profile settings. The contract also includes the provision for the sale, purchase and transfer of NFTs.
- The contract for the provision of services involving access to modules that require user verification is concluded individually with customers, under individual terms and conditions.
- The company has the right to close the user's profile which equates to the termination of all concluded contracts if the customer:
- I am attempting to use the platform for purposes that are inconsistent with the laws adopted in the Republic of Poland or for purposes that are inconsistent with the platform's purpose.
- The description and username entered do not comply with the community standards adopted in the regulations below.
- The conclusion of contracts for the purchase and sale of NFT tokens is carried out as follows:
- The description and image of NFT on the Platform constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The condition for placing an Order or an Order is to have a verified user profile
- Buying or selling NFT, which equates to entering into a contract, should be done through the platform interface
- The contract is signed after confirming the purchase or sale in the summary panel at the end of the purchase or sale process
- The Agreement is concluded when the Customer receives from the Company confirmation of the execution of the Order or Order referred to in the preceding paragraph.
- 6 PRICES AND FORMS OF PAYMENT
- The prices given in the offer are expressed in net prices in PLN or ETH. Each commodity on its file has a specific price
- The price listed next to each product of the order is binding at the time the customer places the order
- The Company reserves the right to make changes in the prices of goods, conduct and cancel promotional actions and sales. However, this entitlement does not affect orders placed before the effective date of the new selling prices.
- The buyer is obliged to pay the price for the order on the Platform, no later than 14 days from the date of conclusion of the contract.
- The Buyer may choose, when placing an order, one of the following forms of payment for products or modules available on the Platform:
- FIAT payment - payment in Polish zlotys, the value converted at the current Ethereum exchange rate.
- Crypto payment - payment directly in the software wallet - without intermediaries - using the software wallet interface
- The online payment service provider is Stripe Inc and ConsenSys Software Inc. (Metamask)
- Based on the contract concluded with the Company, the customer acquires rights in accordance with the contract:
- About NFT Token - the right to use, resale and all rights granted by the author or owner
- For access to the NFT certification module - the right to use the module in accordance with its purpose and instructions. Use of the module for other purposes is inconsistent with the regulations and agreement.
- About the use of the Platform - the right to use the Platform under the terms and conditions adopted in the regulations. Use of the Platform for other purposes is inconsistent with the terms and conditions and the agreement.
- The rights are transferred to the Customer upon payment for the NFT or module. The NFT is made available by transfer to the blockchain wallet address specified by the Customer.
- 6 WITHDRAWAL FROM THE CONTRACT
- The basic condition for withdrawal from the contract is to return the purchased NFT token. The action must be performed by the user due to the technological capabilities of the Blockchain network. Only by sending the NFT to the address indicated by the Company will the withdrawal procedure be possible. Otherwise, the customer loses the right to withdraw from the terms of the contract.
- A customer who has entered into a remote agreement with the Company has the right to withdraw from the agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the purchased items - under the rules described in this paragraph and arising from the Law on Consumer Rights.
- The right to withdraw from the contract does not apply to the contracts listed in Article 38 items 1-13 of the Law on Consumer Rights, and in particular to contracts:
- for the provision of services, if the entrepreneur has performed the service in full with the express consent of the Customer, who was informed before the start of the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
- in which the object of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs;
- in which the object of performance is an item that is perishable or has a short shelf life;
- in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
- in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- concluded through a public auction;
- for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal.
- In the event of a successful withdrawal from the contract, the Company shall return to the Customer all payments received from the Customer. The return of payments will be made using the same means of payment that were used by the Customer in the original transaction, unless the Customer has expressly agreed otherwise.
- The customer has the right to file a complaint.
- Complaints can be submitted:
- In writing to the correspondence address: 21/7 Ofiar Oświęcimskich Street, 50-069 Wrocław
- by email to firstname.lastname@example.org
- Contact form at www.quantum.neobay.io
- The complaint will be processed within 14 working days.
- 8 RESPONSIBILITIES AND DUTIES
- The Company makes every effort to ensure that the Platform and the services made available through it operate continuously without interruption.
- The Company reserves the right to make technical and visual changes to the User Panel in order to diagnose any irregularities in the functioning of the Platform and improve it.
- The Company reserves the right to temporarily disable some of the Platform's functionalities in order to improve the Platform, add services or carry out maintenance with reasonable advance notice to registered Customers.
- The Customer shall maintain and secure the login and password for access to the User Panel in such a way that unauthorized persons do not have access to them.
- The Company is not responsible for errors made by the Customer when placing an Order or during other procedures performed on the platform
- The Company shall not be liable arising from copyright violations by third parties and users of the Platform.
- All content available on the Platform is on the Platform with the knowledge and consent of the copyright holders of the works or parts thereof that these NFT Tokens represent. It is forbidden to copy or distribute the materials on the Platform without the written consent and knowledge of the copyright holders. In order to obtain permission to copy or distribute materials presented on the Platform, the Customer should contact the Company. All acts of violation of the law will be reported to the appropriate authorities.
- The Company reserves the right to introduce and cancel offers, promotions and to change the prices of products on the Platform, without prejudice to the Customer's acquired rights, including, in particular, the terms and conditions of contracts concluded before the change.
- The Neobay platform has community standards that regulate and normalize interactions between platform users and Company employees. The community standards also apply to every employee of the Company:
- Publishing content that violates the freedom of any individual is prohibited
- Published content should be free of unnecessary vulgarisms and offensive content
- It is strictly forbidden to publish any content that violates the laws adopted in the Republic of Poland or that violates the personal rights of an individual.
- It is strictly forbidden to harass other Customers of the platform in any way.
- Speaking in an unjustifiably negative and condescending manner towards community members and the Company
- All people using the Platform should be treated with respect regardless of gender, orientation, background or race.
- The company promotes the principle of equality and sustainability. Every person who meets the standards of the community is welcome. Be kind to others.
- While the Company takes every measure to enforce community standards, it is impossible to eliminate them all. Customers are encouraged to report violations of community standards through the Company's contact information
- 10 COOKIES AND CUSTOMERS' PERSONAL DATA
- The administrator of the Customer's personal data is the Company.
- The Client's personal data is processed for the following purposes and based on the following legal grounds: - conclusion and execution of the contract - Article 6(1)(b) RODO; - fulfillment of legal obligations, if they relate to the contract concluded by the Customer - Article 6(1)(c) RODO; - defense, investigation or establishment of claims related to the contract, which is a legitimate interest realized by the Company - Article 6(1)(f) RODO. f RODO; - identification of a returning Customer, which is a legitimate interest pursued by the Company - art. 6.1.f RODO; - handling of inquiries made by Customers not yet leading to the conclusion of an agreement, which is a legitimate interest pursued by the Company - art. 6.1.f RODO; - dispatch of a newsletter, following previously expressed consent - art. 6.1.a RODO.
- Recipients of Customers' personal data are processors with whom the Company cooperates.
- The Customer's personal data is kept in the Company's database for as long as the Company conducts business in order to ensure that it can identify the returning Customer, which, however, the Customer may object to by requesting that his or her data be deleted from the Company's database. If such objection is made before the expiration of the statute of limitations for claims under the concluded contract, the Company will have an overriding interest in storing the Customer's data until the expiration of the statute of limitations for claims. Accounting records containing the Client's personal data are kept for the period required by law.
- Customer's rights related to the processing of personal data are as follows: - the right to access their data and receive a copy of their data; - the right to rectify (amend) their data; - the right to delete their data, limit the processing of their data; - the right to object to the processing of their data;
- Any disputes related to agreements concluded through the Platform shall be considered by the Polish common court of competent jurisdiction over the Company's registered office. This provision does not apply to Consumers, for whom the jurisdiction of the court is considered under general rules. This provision also does not apply to a natural person concluding an agreement with the Company directly related to his/her business activity, when the content of this agreement shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity - in the case of such a person, the jurisdiction of the court is considered on general principles.
The laws of Poland shall govern these Terms and Conditions, as well as any legal relationship between the Company and the Client, including any agreement entered into between the Company and the Client.
- These Regulations are effective as of October 27, 2022.
- Previous versions of the terms and conditions are available by sending an email inquiry to: email@example.com
GENERAL INFORMATION CLAUSE
regarding the processing of personal data
Pursuant to Article 13(1)-(2) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/ EC (General Data Protection Regulation) (Official Journal of the EU L 119, p. 1) - hereinafter RODO - we inform you that:
- Personal data controller
The administrator of your personal data provided when contacting us,
conclusion of the agreement or in the course of its performance, is Quantum Prosta Spółka Akcyjna, based in Wrocław, ul. Ofiar Oświęcimskich 21/7, 50-069 Wrocław, entered in the Register of Entrepreneurs of the National Court Register under KRS number: 0000946754, holding NIP: 9662158377 and REGON: 521000904 for the register kept by the REJONIC COURT IN BIAŁYMSTOK, XII ECONOMIC DEPARTMENT OF THE NATIONAL REGISTER.
- Data Protection Officer
We have appointed a Data Protection Officer with whom you may contact regarding the protection of your personal data by: - in writing to the correspondence address: ul. Ofiar Oświęcimskich 21/7, 50-069 Wrocław; - by e-mail to: firstname.lastname@example.org; - through the contact form on the website www.quantum.neobay.io - by phone at: +48 728 376 596.
- Purposes and basis of processing
The purposes of processing your data are specified. As Administrator, we will process your data are for the following purposes and based on the following legal grounds: - conclusion and performance of the contract - Article 6(1)(b) RODO; - performance of legal obligations, if they relate to the contract you have concluded - Article 6(1)(c) RODO; - defense, investigation or establishment of claims related to the contract, which is a legitimate interest pursued by the Administrator - Article 6(1)(f) RODO. f RODO; - identification of a returning customer, which is a legitimate interest pursued by the Administrator - art. 6(1)(f) RODO; - handling of inquiries directed by you that do not yet lead to the conclusion of a contract, which is a legitimate interest pursued by the Company - art. 6(1)(f) RODO; - dispatch of a newsletter, after previously expressed consent - art. 6(1)(a) RODO.
- Right to object
You have the right to object at any time to the processing of your data described above. We will stop processing your data for these purposes unless we can demonstrate that there are compelling legitimate grounds for us to process your data that override your interests, rights and freedoms, or your data is necessary for us to possibly establish, assert or defend claims.
- Data retention period
Your personal data is kept in the Administrator's database for as long as the Administrator conducts business in order to ensure that it can identify a returning customer, which, however, the customer may object to by requesting that his or her data be deleted from the Administrator's database. If such objection is made before the expiration of the statute of limitations for claims under the concluded contract, the Administrator will have an overriding interest in storing the customer's data until the expiration of the statute of limitations for claims. Accounting records containing the customer's personal data are kept for the period required by law.
- Recipients of data
Your data may be accessed by our employees, as well as the processors we cooperate with.
- Rights of data subjects
In accordance with the RODO, you have: - The right to access your data and receive a copy of your data; - The right to rectify (amend) your data; - The right to erasure of your data, limitation of data processing; - The right to object to data processing; - The right to data portability; - The right to lodge a complaint with a supervisory authority.
- Information about the requirement/voluntariness of providing data
Providing data to a certain extent is voluntary, but it is necessary to contact the Administrator, conclude a contract or subscribe to a newsletter.
- Language versions
This Information Clause has been prepared in the Polish and English language version.