Terms of Service

Definitions

In these Terms:

"Account" means your Makermint user account.

"Agreement" means the contractual relationship between you and Beyond that arises from your use of the Makermint Platform and its features. The Agreement consists of these Terms, the Wallet Terms, and any policies and terms incorporated by reference.

"Beyond", "we", "us", or "our" means OÜ BeyondOS (or its applicable affiliate), the company operating Makermint.

"Makermint", the "Platform", or the "Service" means the Makermint creator platform, including Makerpages, Mints, Wallets, Tokens, websites, apps, AI tools, APIs, and all related services and functionality.

"User" or "you" means any person or entity that accesses or uses the Platform in any way.

"Maker" or "Creator" means a User who creates, configures, uploads, publishes or offers Mints on the Platform.

"Customer", "Subscriber", or "Fan" means a User who purchases, unlocks, accesses, or interacts with Mints.

"Consumer" means a User who purchases, unlocks, accesses, or interacts with Mints as a consumer.

"FinCen" means the U.S. Financial Crimes Enforcement Network.

"FTC" means the U.S. Federal Trade Commission.

"Mint" means any digital product, experience, AI-powered application, game, interactive content, template, or other digital asset or service created or configured by a Maker and made available through the Platform.

"Makerpage" means a customizable page or URL provided by Makermint for a Maker to present themselves, publish Mints, and interact with their audience.

"OFAC" means the U.S. Office of Foreign Assets Control.

""State Privacy Laws" means U.S. state consumer privacy laws that provide rights to individuals regarding their personal data, including the California Consumer Privacy Act (as amended by the CPRA), and similar laws enacted in Colorado, Connecticut, Oregon, Utah, Virginia, and other U.S. states, together with their implementing regulations, as in effect from time to time.

"Wallet", "Tokens", "Token Balance", "Fiat Earnings Balance", "Payment Provider", and "Payout" have the meanings given to them in the Wallet Terms.

"Community Guidelines" means our Community Guidelines & Platform Conduct Policy as updated from time to time.

If there is a conflict between these Terms and the Wallet Terms regarding Wallets, Tokens or Payouts, the Wallet Terms prevail for those issues.

Eligibility and Account Registration

Age and capacity

Makermint is intended only for adults. For U.S. Users, Beyond does not knowingly collect personal data from users under 18 and does not offer any features directed toward minors under the Children's Online Privacy Protection Act (COPPA).

You may use the Platform only if:

• you are at least 18 years old, or the age of legal majority in your jurisdiction, whichever is higher; and
• you have the legal capacity to enter into a binding contract with Beyond.
• We do not knowingly collect personal data from persons under 18 years of age or from anyone under the legal age of majority. If we learn that we have collected such data, we will delete it and may close the associated Account.

Business use

If you use the Platform on behalf of a company, organization or other entity, then:

"you" includes that entity; and

• you represent and warrant that the entity has a full legal capacity and authority to enter into the Agreement and that you are authorized to bind the entity to the Agreement.

Account creation

To use most features of Makermint you must create an Account and provide accurate, current and complete information. Each User may hold only one Account. You agree to keep your information up to date.

• We may refuse, suspend or close any Account if we reasonably believe that:
• the information provided is inaccurate, incomplete or misleading;
• you are ineligible under these Terms or applicable law; or
• opening or maintaining the Account would expose us to undue risk.
• We display on the Platform the identity of Makers who offer Makermints and have a Makerpage.

Account security

You are responsible for keeping your login credentials confidential and for all activity that occurs under your Account. If you believe your Account or Wallet has been compromised, you must notify us promptly through the support channels listed on the Platform.

Scope of the Service

Platform nature

Makermint is a digital platform that allows Makers to create and publish Mints, and Customers to discover, access, and purchase those Mints. Makermint provides tools, infrastructure and payment rails to facilitate these interactions. Beyond is not a financial institution, money transmitter, prepaid-access provider, or virtual-currency business under U.S. law. Beyond operates a closed-loop digital license system (Tokens) and does not allow Users to transfer value off-platform or to other Users except through Mint purchases. These limitations are intended to prevent classification under FinCEN regulations and state money-transmitter statutes (e.g., New York, California, Texas).

Unless we expressly state otherwise, Beyond is not the seller of Mints. Sales of Mints are transactions between the relevant Maker and Customer, with Beyond acting as platform operator.

• You acknowledge and accept that Makermint may:
• not be suitable for the purposes normally expected of this type of service, taking into account the applicable law, technical standards and codes of conduct;
• not possess the qualities, performance features, usages, compatibility, accessibility, continuity or security or other features normally associated with such services or reasonably expected based on public statements, advertising, or labelling;
• not be supplied with the accessories and instructions that otherwise could reasonably be expected to receive;
• not comply with a trial version or preview of the service made available before the entry into force of this Agreement; and
• not include updates, feature updates, patches, improvements, further versions, or other modifications that would otherwise be required under applicable law.
• No financial or investment services
• Beyond is not a bank, payment institution, e-money issuer, investment firm or broker. Beyond does not offer regulated financial services and does not hold any licenses or authorizations under applicable financial services laws. Wallets, Tokens and Fiat Earnings Balances are governed by the Wallet Terms and are not deposits, securities or investment products and do not earn interest or other returns. These features are intended solely for use within the Makermint Platform and do not provide any rights under banking, investment, e-money or payment services regulations.

Availability and changes

We may modify, suspend, or discontinue all or part of the Platform at any time in accordance with Section 14, including particular features, Makerpages, Mints, or ways of acquiring or using Tokens. Beyond reserves the right at any time to suspend or block access to all or part of the Platform for any reason whatsoever, notably for maintenance or updating or in the event of an attack on the Platform or Beyond's systems. We will use reasonable efforts to give advance notice where this significantly affects active Users, but we may act without notice for security, legal or operational reasons. U.S. Users will be notified where such changes materially affect statutory privacy or consumer-rights obligations under U.S. state laws.

Beyond has no obligation to provide updates, feature updates, patches, improvements, further versions, or other modifications of Makermint.

License to Use Makermint

Limited licence

Subject to these Terms, Beyond grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your own business or personal purposes, solely as permitted by these Terms and applicable laws.

Restrictions

• Except and to the extent that mandatory law permits, you must not:
• modify, reverse engineer, decompile, or attempt to extract source code from the Platform or permit any third party to do so, unless this prohibition is invalid, illegal, or unenforceable under applicable law;
• access or use the Platform in any way that is not expressly permitted by these Terms, the Community Guidelines, or the Wallet Terms;
• circumvent or attempt to circumvent any technical restrictions or security measures;
• use any robot, spider, scraper, automated process or other unauthorized means to access the Platform, harvest data, or interfere with normal operation;
• frame, mirror, or resell the Platform or any part of it, except as expressly allowed in a written agreement with Beyond.
• All rights not expressly granted to you are reserved by Beyond and its licensors.
• U.S. Computer Fraud and Abuse Act (CFAA) Notice. Unauthorized access, scraping, or automated data harvesting may violate the U.S. Computer Fraud and Abuse Act and U.S. state analogues. Beyond may refer such conduct to law enforcement.

User Content, Intellectual Property, and Confidential Information

Platform IP and Confidential Information

All rights, title and interest in and to the Platform—including, but not limited to, software, interfaces, graphics, text, AI models, tools, branding, logos, and underlying technologies—are owned by Beyond or its licensors and are protected by intellectual property laws. You obtain no ownership rights in the Platform.

You undertake to keep confidential, i.e. not to use, forward, disclose or otherwise transfer to any persons for any purpose confidential information of Beyond or the business secrets of Beyond. Confidential information includes commercial terms, including revenue-share arrangements and pricing models, technical information, such as source code, algorithms, APIs, system architecture, and security protocols, and any other information marked as confidential or that a reasonable person would understand to be confidential given its nature and context.

Your confidentiality obligation remains in force for the entire term of the Agreement and for 5 years after the termination of the Agreement, after which the confidentiality obligation will be in force indefinitely.

Your Mints and other content (Makers)

If you are a Maker:

You retain ownership of the original content you create and upload as part of your Mints, subject to any third-party rights.

You represent and warrant that you have all necessary rights to each Mint and to all content included in it, and that your Mints do not infringe any third party's rights or violate applicable law.

By creating or publishing any Mint or other content on the Platform, you grant Beyond a worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable licence to intellectual property (both proprietary and moral rights) for the entire duration of the legal protection of such rights under the applicable law to host, store, reproduce, adapt, modify, distribute, publicly display, publicly perform, and otherwise use such content:

• to operate, improve and promote the Platform;
• to enable Customers to access and use the Mint as intended; and
• to create and distribute marketing materials, case studies or showcases that feature your Mints or Makerpage (for example, screenshots, descriptions, statistics), in each case in connection with Makermint.
• to establish, exercise and defend legal claims, if Beyond is required by applicable law or if it is necessary to enforce the Agreement.
• This licence is granted to us at the moment you create or publish any Mint or other content on the Platform. This licence continues for as long as your content is available on the Platform and, for backup and archival purposes, for a reasonable period.U.S. Copyright Safe Harbor (DMCA). COMPANY complies with the Digital Millennium Copyright Act ("DMCA"). U.S. Users uploading content must not infringe copyrights. Beyond may remove or disable access to allegedly infringing content and may terminate repeat infringers. Instructions for submitting DMCA notices and counter-notices are provided below.
• Suspension or termination of your Account does not terminate this licence. We may decide to keep your content available on Makermint even if your Account is suspended or terminated.

Customers' rights to Mints

When a Customer purchases or unlocks a Mint, unless expressly stated otherwise for that specific Mint:

• the Customer receives a limited, non-exclusive, non-transferable licence to use the Mint for their own purposes.
• the Customer's use of the Mint may be restricted, suspended, modified, or terminated due to the Maker's and Customer's account suspensions and closures, personal data protection rights, or by the applicable law or the Agreement;
• the Customer does not acquire ownership of the Mint or any underlying IP; and
• the Customer may not redistribute, sublicense or resell the Mint outside the scope of that licence.
• Beyond is not a party to any additional licence terms agreed directly between Maker and Customer, except to the limited extent necessary to operate the Platform.

Prohibited content

• You must not create, upload or share any content (including Mints, descriptions, images, videos, or messages) that:
• infringes any copyright, trademark, trade secret, privacy, publicity or other rights;
• is illegal, defamatory, hateful, harassing, discriminatory, sexually explicit in connection with minors, exploitative of minors, or otherwise harmful;
• promotes violence, self-harm, or dangerous activities;
• misleads Users about financial returns, "guaranteed earnings", or other outcomes;
• requires regulatory licenses, approvals, or notifications for its creation, distribution, or sale; or
• is likely to damage Makermint's reputation or violate the Community Guidelines.
• We may remove, disable access, demote, suspend or modify any content if we reasonably believe the content violates these Terms or if we are required by applicable law, without liability to you. We will provide you with a statement of reasons, if required by applicable law. For U.S. Users, Beyond may also remove content that violates U.S. intellectual-property law (including DMCA takedown notices), FTC advertising rules, state consumer-protection laws, or U.S. sanctions law.

Provision of information

Under applicable law, we may be required to:

• notify law enforcement or judicial authorities of suspicions of illegal activities; and
• provide specific information about Makers or Customers under the order of judicial or administrative authorities.

Visibility

We may use a ranking, which affects how you and your Mints are displayed to Users.

We may rank you based on various parameters, which include, but are not limited to, your reputation indicators (e.g., User satisfaction, complaint history with Users, adherence to our Agreement), performance indicators (e.g., click-through rates, conversion rates, User engagement), relevance indicators (e.g., category placement), and content related indicators (e.g., quality, fulfilment reliability, cancellation, price).

You may influence your ranking with purchases from us, such as sponsored listings and featured placement. For U.S. Users, Beyond may be required by the FTC to disclose whether ranking or visibility is influenced by payments, sponsorships, or other compensated relationships. Where legally required, Beyond may publish such disclosures or clarify ranking factors.

Feedback

If you provide ideas, suggestions or feedback about Makermint ("Feedback"), you grant Beyond an irrevocable, worldwide, royalty-free, non-exclusive, sublicensable and transferable licence to intellectual property (both proprietary and moral rights) for the entire duration of the legal protection of such rights under the applicable law to use and exploit that Feedback in any manner, without obligation to you.

Community Rules and User Conduct

You agree to comply at all times with our Community Guidelines & Platform Conduct Policy, which is incorporated by reference.

• Without limiting that document, you must not:
• harass, bully, threaten or abuse other Users;
• engage in hate speech or discrimination;
• impersonate any person or entity or misrepresent your affiliation;
• spam, solicit or send unsolicited commercial messages;
• interfere with, disrupt or negatively affect the experiences of other Users, including by manipulating engagement metrics or creating fake transactions;
• engage in scams, fraud, money laundering, or any other illegal activity;
• seek or accept payments for Mints outside Makermint in order to avoid platform fees.
• U.S. Financial Crime Notice. Beyond may report suspected unlawful activity involving U.S. Users, including fraud, sanctions evasion, or illegal value transfers, to U.S. authorities such as FinCEN or OFAC when required or permitted under U.S. law.
• We may monitor and review activity on the Platform using, but not limited to, automated detection tools, keyword, pattern and hash matching, anomaly detection, and manual review. We may act—including demotion, warnings, disabling access to or removal of content, Wallet restrictions, suspension, or termination—if we believe you have violated these Terms, the Wallet Terms, or the Community Guidelines. We may provide you a statement of reasons for our actions, if required, but not prohibited by applicable law, the relevant administrative or judicial authorities, or law enforcement.

Virtual Features, Wallets and Tokens

Makermint provides certain virtual features such as Wallets and Tokens, as well as options for Makers to generate revenue through Mints.

Incorporation of Wallet Terms

Your use of Wallets, Tokens, Mint purchases, Creator Earnings, and Payouts is governed by the Wallet Terms, which are incorporated into these Terms by reference and form an integral part of our Agreement.

By funding a Wallet, acquiring Tokens, purchasing or selling Mints, or requesting a Payout, you agree to the Wallet Terms.

Summary (non-exhaustive)

• For convenience only (and without limiting the Wallet Terms):
• Tokens are a non-monetary units for exclusive use within the Platform by the User and do not have any value outside the Platform;
• Wallets are internal ledger entries used solely for the internal accounting purposes, and shall not be considered as bank accounts, investment products or any similar regulated product;
• Makers may earn Creator Earnings when their Mints are purchased, and may request Payouts of their Fiat Earnings Balance, subject to verification, fees, taxes and compliance checks;
• Beyond may freeze, adjust or refuse Wallet transactions or Payouts where it suspects fraud, breach of these Terms, or where required by law.
• If you need more detail, you must read the Wallet Terms themselves.
• U.S. Virtual Currency Disclaimer. Tokens are limited-purpose digital licenses, not "virtual currency," "prepaid access," or "stored value" under U.S. law. Beyond does not permit peer-to-peer transfers or redemption for fiat. These restrictions are intended to avoid characterization as "money transmission" requiring licensure under U.S. federal or state law.

Fees, Pricing and Taxes

Platform fees and revenue share

We may charge fees for various aspects of the Platform, including Token purchases, marketplace transactions, or Maker revenue share. Current fees and revenue-share structures are disclosed in the Platform or in separate documentation. We may update them from time to time, with prospective effect, in accordance with Section 14.

For U.S. Users, Beyond may be required under state "marketplace facilitator" laws (including California, Washington, New York, and Texas) to collect and remit sales/use tax on Mint purchases by U.S. Customers. Beyond may adjust fees or Payouts to comply with these laws.

We may set off any amounts you owe us under this Agreement (including taxes, fees, reimbursements, or other charges) against any amounts we owe you, whether arising under this Agreement or otherwise.

Pricing of Mints

Makers set the prices for their Mints within parameters we define. Beyond may suggest prices, discounting, or promotional mechanisms, but the final decision to publish a Mint at a given price remains with the Maker.

We may run promotions or grant discounts that affect the price paid by Customers while preserving the Maker's agreed revenue share where applicable.

Taxes

You are solely responsible for determining and paying all taxes, levies or similar payments that apply to your use of the Platform, including income tax on Creator Earnings and any indirect taxes (such as VAT or sales tax) that may apply to your sale or purchase of Mints.

Where required by law, we may:

• collect and remit certain taxes on your behalf; and/or
• withhold tax amounts from Creator Earnings or Payouts.
• We do not provide tax or legal advice.
• If we are required to pay additional taxes, levies or similar payments in connection with your use of the Platform, you undertake to reimburse us for these expenses.

Third-Party Services

Makermint may integrate with or link to third-party services (such as payment processors, analytics tools, social networks, and hosting providers). Your use of any third-party service is subject to that third party's terms and privacy policies, and Beyond is not responsible for their actions, content, products or services.

We may market or distribute your Makerpage and Mints through additional distribution channels and affiliate programmers.

Termination, Withdrawal, Suspension and Account Closure

By you

Users may stop using Makermint and request closure of their Account at any time through the procedures described on the Platform or by contacting support at support@makermint.com.

Consumers may withdraw from in-Platform purchase (Mints or Tokens) made within 14 days without providing a reason. Consumer's right of withdrawal expires after 14 days as of the receipt of the in-Platform purchase. U.S. Users may have additional non-waivable consumer rights under certain state laws, including rights related to unauthorized charges or deceptive practices. Beyond will comply with these requirements, where applicable.

By making a purchase on the Platform, consumers consent to waiving their statutory right to withdraw within 14 days from such purchase once they have accessed the content. If the Consumer has not used the in-Platform purchase and withdraws within 14 days, Beyond refunds the full price of the relevant in-Platform purchase.

To exercise right of withdrawal, the Consumer must submit an unequivocal declaration of intention for withdrawal by e-mail to support@makermint.com. To meet the withdrawal deadline, it is sufficient to send communication concerning exercise of the right of withdrawal before the withdrawal period expires.

The reimbursement shall be effected within 14 days after receiving the relevant withdrawal notice using the same means of payment that the Consumer used for the initial payment, unless expressly agreed otherwise.

By Beyond

We may terminate the Agreement with you, including suspend or terminate your Account, at any time by providing 30 calendar days' prior notice to you.

We may suspend or terminate your Account, restrict access to parts of the Platform, freeze your Wallet, or remove your content, immediately and without notice, if we reasonably believe that you have materially breached the Agreement. Material breach includes, but is not limited to, the following situations:

• you have materially breached these Terms, the Wallet Terms, Community Guidelines, or any applicable law;
• your use of the Platform poses a risk to us, to other Users, or to third parties;
• you have violated any rights of third parties (including data privacy and intellectual property rights);
• we are required to do so by law, a court, regulator or Payment Provider; or
• you have been inactive for a prolonged period (as specified in the Wallet Terms for Wallet/Token features).
• Where required by applicable law:
• we will notify you about restriction or suspension of our Service prior to or at the time the restriction or suspension takes effect, with a statement of reasons;
• we will notify you about termination of our Service at least 30 days prior to the termination taking effect, with a statement of reasons. We will notify you if the 30-day notice period does not apply, with a statement of reasons; and
• you have the right to submit a complaint regarding restriction, suspension, or termination in accordance with Section 16.
• We may not provide statement of reasons if we are subject to a legal or regulatory obligation or where you have repeatedly infringed the Agreement.

Effect of termination

• Upon termination or closure of your Account:
• your licence to access the Platform and use Mints ceases;
• we may delete or anonymize your content and other data in accordance with our Data Retention & Deletion Policy;
• your ability to request Payouts or use Tokens will be governed by the Wallet Terms;
• sections that by their nature should survive (including those on IP, limitations of liability, indemnity, dispute resolution, and Wallet-related obligations) will remain in force; and
• the rights and obligations of the Parties accrued prior to the termination shall not be affected.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE PLATFORM, INCLUDING ALL CONTENT, MINTS, TOOLS, AI OUTPUTS, TOKENS, WALLET FEATURES AND ANY OTHER SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT OR GUARANTEE ANY PARTICULAR LEVEL OF EARNINGS, CONVERSIONS, AUDIENCE GROWTH, OR OTHER RESULTS FROM USING MAKERMINT.

Some jurisdictions do not allow certain disclaimers; in that case, these disclaimers apply only to the extent permitted by law. Certain U.S. states may not allow the exclusion of certain implied warranties or limitations of liability under these Terms (including California's consumer warranty statutes). To the extent that non-waivable rights apply to U.S. Users, those rights will supersede conflicting provisions of these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

BEYOND AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, THESE TERMS OR THE WALLET TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, THESE TERMS AND THE WALLET TERMS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO BEYOND (NET OF TAXES) DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. WHERE NO FEES HAVE BEEN PAID, OUR LIABILITY IS LIMITED TO EUR 5,000 (FIVE THOUSAND EUROS) OR THE ACTUAL DAMAGES, WHICHEVER IS LESS.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law (such as liability for fraud or fraudulent misrepresentation).

Indemnity

You agree to indemnify, defend and hold harmless Beyond and its affiliates, officers, directors, employees, licensors and agents from and against all claims, demands, losses, damages, fines, penalties, liabilities, costs and expenses (including reasonable legal fees) of any kind arising from or related to:

• your use or misuse of the Platform, Wallet, Tokens or Mints;
• your violation of these Terms, the Wallet Terms, the Community Guidelines or any applicable law or any rights of third parties (including data privacy and intellectual property rights);
• your content (including Mints) and your interactions with other Users; or
• any dispute between you and another User.
• We may assume exclusive defence and control of any matter subject to indemnification, and you agree to cooperate with us in asserting any available defences.

Changes to the Agreement

We may update the Agreement from time to time. Updates to the Agreement may be introduced due to, including, but not limited to, changes in applicable laws, our legitimate business interests, or changes in the features and functionalities regarding our Platform.

When we make any changes to the Agreement, we will notify you by posting the updated terms on the Platform and by sending you a notice via your Account and/or by other reasonable means.

You may stop using Makermint and request closure of your Account if you object to the changes to the Agreement within 15 days after the date on which we notified you via your Account and/or by other reasonable means of changes to the Agreement.

The changes to the Agreement will take effect no earlier than 15 days after the date on which we notified you via your Account and/or by other reasonable means. We provide you with a longer notice period than 15 days when this is necessary to allow you to make technical or commercial adaptations to comply with the changes.

We may not be able to apply the 15 days or longer notice period. In such a case, changes to the Agreement take effect immediately if we cannot apply the notice period due to a legal or regulatory obligation or due to the need to address an unforeseen and imminent danger, such as fraud, malware, spam, data breaches or other cybersecurity risks.

Changes to the Agreement that do not alter the content or meaning of the Agreement will take effect immediately.

We may impose retroactive changes to Agreement when we are required to respect a legal or regulatory obligation or when the retroactive changes are beneficial for you.

If you continue to use Makermint after the updated Terms become effective, you are deemed to have accepted them. If you do not agree to the changes, you must stop using the Platform and, if applicable, close your Account and cease using Wallet and Token features.

Governing Law and Dispute Resolution

Governing law

Unless otherwise required by mandatory local law:

If you are resident in the European Economic Area, the United Kingdom or Switzerland, these Terms and any dispute arising out of or relating to them are governed by the laws of Estonia, without regard to conflict-of-law rules.

If you are resident elsewhere, these Terms are governed by the laws specified in the Platform's legal notice or, in the absence of such notice, by the laws of Estonia.

U.S. Users acknowledge that Beyond is operated from the European Union and that cross-border processing is necessary to provide the Platform. The contractual choice-of-law provision does not limit any non-waivable consumer rights under U.S. state law.

Informal resolution

Before initiating formal dispute resolution, you agree to try to resolve the dispute informally by contacting us through the support channels listed on the Platform. We will attempt to resolve the dispute informally within 30 days.

Arbitration and class action waiver (where applicable)

If you are resident in a jurisdiction where pre-dispute arbitration and class-action waivers are enforceable (for example, in many U.S. states and in the EU), the following may apply:

Any dispute, claim or controversy arising out of or relating to the Platform, these Terms or the Wallet Terms, that cannot be resolved informally, shall be resolved by binding individual arbitration administered by a recognized arbitration provider (such as JAMS or AAA) under its applicable rules.

You and Beyond waive the right to a jury trial and to participate in any class action, class arbitration or other representative proceeding. Disputes must be brought and resolved on an individual basis.

The specific arbitration provider, procedural rules, and opt-out mechanism may be detailed further in a region-specific addendum or notice provided on the Platform. If any part of this arbitration agreement is found invalid, illegal, or unenforceable, the remaining provisions shall remain in force, and disputes may be heard in the competent courts identified in Section 15.4.

Notwithstanding the above, if you are a U.S. User and arbitration/class-action waivers are enforceable in your state of residence, you agree to binding individual arbitration. If your state law renders any portion of the arbitration clause unenforceable, the remaining portions shall continue to apply to the maximum extent permitted.

Courts

Where arbitration is not required or enforceable, you and Beyond agree that any dispute arising out of or relating to these Terms shall be brought exclusively in Harju County Court in Tallinn, Estonia as the court of first instance, unless mandatory law requires otherwise.

Handling of Complaints

• If required by applicable law, you have the right to submit complaints regarding:
• Beyond's alleged non-compliance with any obligations applicable under EU Regulation 2019/1150 that affects you;
• technological issues directly related to our Services that affect you;
• measures taken by, or behavior of, Beyond directly related to the provision of our Service; and
• illegal content under EU Regulation 2022/2065.
• We maintain an internal complaint-handling system. We will process your complaint within a reasonable timeframe. As part of our internal complaint-handling system, we:
• duly consider your complaint and determine the follow-up actions to adequately address the issue raised;
• process your complaint swiftly and effectively, taking into account the importance and complexity of the issue raised; and
• communicate to you the outcome of the internal complaint-handling process in an individualized manner, using plain and intelligible language.
• U.S. Users may also have rights to file consumer complaints with state attorneys general, the FTC, and other regulators. Beyond will cooperate with lawful requests from such agencies.
• You can submit complaints at support@makermint.com.

Transparency

We make at least annually available public information on complaints submitted by Users and content moderation, if required by applicable law.

Data processing

We process personal data in accordance with the Privacy Policy. Specifically for U.S. Users, personal-data rights, opt-out rights, and disclosures appear in the U.S. State Privacy Notice at the end of the Privacy Policy.

Our access to Maker's and Customer's data

We access personal data and other data provided by Makers and Customers to use the Services, including data generated through the provision of the Services. This data includes, without limitation, data you provide, data we collect automatically, wallet, token and transaction data, and identity verification data. We access this data to provide and operate the Service, to personalize and improve the Services, to ensure security and prevent fraud, to comply with legal obligations, and for marketing and communications.

We share data with service providers, affiliates, other Users, external advisors, authorities and regulators, and in connection with business transfers.

We access and share data to perform the contact, to comply with legal obligations, and in the event of our legitimate interests or your consent. If the basis for processing is your consent, you can withdraw your consent at any time.

Maker's access to data

Makers may access personal data and other data provided to us, including data generated through the provision of the Services to Users. Access may include, without limitation, transaction data, usage data, Token consumption and insights. Makers' access is subject to technical availability, security measures, and legal compliance requirements.

Makers may access aggregated, anonymised, or statistical data generated through the provision of the Services, subject to the availability of such data.

Makers' access is limited to data that does not identify specific individual Users, except for data that Users post publicly on the Platform.

Miscellaneous

Entire Agreement. These Terms, together with the Wallet Terms and any terms and policies incorporated by reference, form the entire agreement between you and Beyond regarding Makermint and supersede all prior or contemporaneous agreements relating to the same subject matter.

Force majeure. Neither Party shall be liable for any failure or delay in performance under to the extent caused by a force majeure event. Force majeure means the occurrence of any unforeseen circumstance without any fault on the Party's part or its reasonable control, including, without limitation, internet outages, communications outages, issues and problems relating to information technology, civil unrest, governmental actions, or other similar unforeseen events.

Term of the Agreement. The Agreement enters into force from the moment you create an account, access or use Makermint, visit any Makerpage, create or purchase any Mint, or use any Wallet or Token features. The Agreement is concluded for an indefinite term, and it will remain in force until termination of the Agreement.

Assignment. Beyond may assign or transfer its rights and obligations under these Terms (in whole or in part) without your consent: (a) to any other entity that directly or indirectly, controls, is controlled by or is under common control with Beyond; (b) to subcontractors or their affiliates for the performance of the Agreement; and (c) in connection with a merger, acquisition, corporate reorganization, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the Agreement parties' original intent.

No Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

Language. The Terms are provided in English language, and by accepting the Terms, the User confirms that they have sufficient command of the English language to understand and agree to the Terms. These Terms may be translated into other languages. The English-language version will govern to the extent of any conflict.

Contact. If you have any questions about these Terms or Makermint, you can contact us at:

Email: support@makermint.com

Address: OÜ BeyondOS, Kentmanni tn 6-63, 10116 Tallinn, Estonia.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY

(U.S. Addendum to the Terms of Service)

1. Purpose and Scope

This Digital Millennium Copyright Act ("DMCA") Policy applies to U.S. Users and to any content hosted, published, or made available on the Beyond Platform.

Beyond respects the intellectual property rights of others and expects Users to do the same. This Policy describes how Beyond responds to copyright infringement claims in accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512).

2. Copyright Ownership and User Responsibility

Users are solely responsible for the content they upload, publish, or otherwise make available through the Platform, including Mints, descriptions, images, audio, video, code, and other materials ("User Content").

By submitting User Content, you represent and warrant that:

You own the content or have all necessary rights, licenses, and permissions to use it; and

The content does not infringe any third party's copyright or other intellectual property rights.

Beyond does not pre-screen User Content for copyright infringement and does not endorse or assume responsibility for User Content.

3. DMCA Safe Harbor Statement

Beyond operates as an online service provider under the DMCA. In appropriate circumstances and at its discretion, Beyond may remove or disable access to content alleged to be infringing and may terminate accounts of Users who are repeat infringers.

Nothing in this Policy constitutes legal advice or a waiver of any rights or defenses available to Beyond under applicable law.

4. Designated DMCA Agent

Pursuant to 17 U.S.C. § 512(c)(2), Beyond has designated the following agent to receive notifications of claimed copyright infringement:

DMCA Agent Email: [INSERT] Subject line: "DMCA Takedown Notice"

5. Submitting a DMCA Takedown Notice

If you believe that content available on the Platform infringes your copyright, you may submit a written notification to Beyond's DMCA Agent that includes all of the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed (or a representative list if multiple works are involved);
• Identification of the material claimed to be infringing, including information reasonably sufficient to permit Beyond to locate the material (such as a URL);
• Your contact information, including name, address, telephone number, and email address;
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Failure to include all required information may result in delay or rejection of the notice.

6. Counter-Notification Procedure

If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to Beyond's DMCA Agent that includes:

• Your physical or electronic signature;
• Identification of the content that was removed or disabled and the location where it appeared before removal;
• A statement under penalty of perjury that you have a good-faith belief the content was removed due to mistake or misidentification;
• Your name, address, telephone number, and email address; and
• A statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located (or, if outside the U.S., to the jurisdiction of a U.S. federal district court where Beyond may be found), and that you will accept service of process from the person who submitted the original DMCA notice.

Upon receipt of a valid counter-notification, Beyond may forward it to the original complainant and restore the content in accordance with the DMCA, unless the complainant files a court action within the statutory time period.

7. Repeat Infringer Policy

In accordance with the DMCA, Beyond maintains a policy to terminate access to the Platform for Users who are determined, in Beyond's reasonable discretion, to be repeat infringers.

Beyond may also restrict, suspend, or terminate accounts for a single instance of egregious infringement or where required by law.

8. Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that content is infringing, or that content was removed or disabled by mistake or misidentification, may be subject to liability.

Beyond reserves the right to seek damages or other remedies against parties who submit abusive or bad-faith DMCA notices or counter-notifications.

9. Reservation of Rights

Beyond reserves the right to:

• Remove or disable access to content without prior notice where required by law;
• Remove content that violates these Terms or the Community Guidelines, even if no DMCA notice is received;
• Cooperate with copyright owners, law enforcement, and courts as required by law.

10. Relationship to Other Policies

This DMCA Policy addendum supplements, and does not replace, Beyond's Terms of Service, the Community Guidelines, and intellectual property provisions. In the event of a conflict, this DMCA Policy governs with respect to copyright infringement claims under U.S. law.