# Use of service

## 1. License

The Software consists of a set of web-based development tools and downloadable software (including SDKs) that allows you to create blockchain-based applications and cryptographic tokens, such as non-fungible tokens, smart contracts, decentralized autonomous organizations, and token marketplaces. Deployment of such applications and tokens will result in the incorporation of the Company’s then-current smart contract therein, which may cause the Company to automatically receive a commission from transactions undertaken in respect of such applications and tokens. Subject to all terms and conditions of this Agreement, Company hereby grants you during the term of this Agreement a non-exclusive, non-transferable, limited license, with no right to grant sub-licenses, to:

(i) access and use the Software through a compatible web browser to the extent it is made available by the Company through a website;

(ii) download, i

nstall and use the Software to the extent it is made available for download by the Company

(iii) to the extent use of the Software results in any portion of the Software being integrated within an application or token you create through the use of the Software, redistribute such portion of the Software, solely as part of such application or token, in each case of the foregoing (i) through&#x20;

(iii) solely in the manner made available and enabled by the Company and solely in accordance with all applicable documentation that the Company makes available from time to time.

The specific capabilities, features, patches, updates, and functionality of the Software are subject to change from time to time at the sole discretion of the Company and without any requirement of prior notice. In addition, you acknowledge that the Company may suspend or discontinue the Software or your ability to access it, in whole or in part, for any reason and without any requirement of prior notice.

## 2. Token Content

The Software may allow you to create non-fungible and fungible tokens. With respect to any text, images, videos, animations, works of authorship, or other content and materials of any kind which you upload, use or submit to the Software in connection with creating tokens (“**Content**”), you represent and warrant that you either own or have all rights and licenses necessary with respect to such Content such that your use of the Content in connection with the Software will not result in any claim of infringement, misappropriation or other violation of any intellectual property rights, rights of privacy, rights of publicity or other rights of any third party. Other than as set forth in Section 1.3 below, you are solely responsible for determining the contents of any smart contract associated with any application or token you create, including with respect to the intellectual property rights that you choose to assign or license to any transferee of any token. You represent and warrant that you will not make any representations or warranties relating to the Company or the Software in connection with any applications or tokens you create through the use of the Software.

## **3. Legal Compliance**

You acknowledge that activities undertaken in connection with your use of the Software and tokens and applications you create through the use of the Software, including without limitation transacting in tokens or making available a marketplace allowing for the transaction of tokens, may be regulated by federal, state and local laws, rules and regulations, including without limitation the Securities Act of 1933 and the Securities Exchange Act of 1934, as amended. You are solely responsible for complying with and agree to comply with all laws, rules, and regulations applicable to your use of the Software and any exploitation of any tokens and applications you create through such use. Without limiting the generality of the foregoing, you will not use the Software to create any token that may constitute a security under applicable law. You agree not to access, download or use the Software from any country in which such access, download, or use is prohibited by applicable law.

You hereby represent and warrant that you are not (i) located in, and will not use the Software in, a jurisdiction that is subject to United States economic sanctions, including Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region, (ii) a person listed on any U.S. Government blacklist (which includes the List of Specially Designated Nationals and blocked persons, the Consolidated Sanctions List administered by OFAC, and the Denied person List or Entity List administered by the U.S. Department of Commerce) (“**Sanctioned Person**”), or (iii) controlled or owned by a Sanctioned Person.

## **4. Assumption of Risk**

You acknowledge that cryptographic and decentralized computing technologies are evolving rapidly and that the risks associated with deploying, transacting on, and otherwise using such technologies may not be fully known and are also rapidly evolving, and you hereby assume all such risks, known and unknown, whether they currently exist or develop in the future. You further agree that the Company and its affiliates and its officers, directors, employees, shareholders, contractors, attorneys, advisers, and agents shall have no liability in connection with the risks of using such technologies. Without limiting the generality of the foregoing, you hereby assume all risk associated with the potential unauthorized access to, or theft or loss of, any tokens you create in connection with the use of the Software.

## **5. Third-Party Properties**

The Software may include features or functionality provided by, or that interoperate, with software and services developed, owned, controlled, and/or operated by third parties (such software and services, collectively, “**Third Party Properties**”).

Third-Party Properties may include, without limitation, crypto wallets and NFT marketplaces. Third Parties Properties, the availability of related features and functionality within the Software, and the interoperability of the Software with Third Party Properties may be modified, suspended, or terminated at any time and without prior notice. You agree that the Company shall have no liability with respect to any of the foregoing or with respect to any errors, defects, unavailability, security breaches, or other adverse events relating to any Third Party Properties. You are solely responsible for ensuring, and agree to ensure, that your use of the Software in connection with any and all Third Party Properties complies with all policies, terms, and rules applicable thereto.

## **6. Payment, Fee & Other charges**

**Not a Payment Processor.** Pikasso does not process any payments for Platform usage on behalf of parties to the purchase or sale of NFTs or on behalf of any Wallet owner receiving payment from the sale of an NFT.

**Payment Methods; Refunds; Discounts**. You agree to comply with all applicable laws, regulations, rules, and terms and conditions in connection with your payment methods. Additionally, we reserve the right to offer refunds, discounts, credits, promotional terms, or other considerations in selected circumstances at our sole discretion. Please note that each circumstance is unique, and the election to make such an offer in one instance does not create the obligation to do so in another.

**Gas Fees.** Additionally, some Services on the Platform involve Gas Charges. You acknowledge and agree that the Company has no control over (a) any distributed-ledger technology transactions, (b) the method of payment of any Gas Charges, or (c) any actual payments of Gas Charges. Accordingly, you are solely responsible for the payment of any Gas Charges required to complete any transaction on the distributed ledger-based Platform. You must ensure you have sufficient funds and means available before initiating such transactions. If you do not agree with the fees charged for Platform functionality, do not use or access the Platform. Failure to pay any fees or charges incurred may result in the immediate termination of your access to the Platform, without limitation of any other rights or remedies available at law or in equity.
