T.A.C.

Terms And Conditions

Please read through our terms and conditions carefully. Our terms and conditions apply to every visitor, as well as every user of our website, app, or any other medium we provide. By using this website, you give your implied consent to these terms and conditions.

• Scope of Applicability

Thedigihats.com works as a medium to connect the user to a decentralized application that uses “smart contracts” and enables our users to mint non-fungible tokens on our website. These non-fungible tokens are stored as crypto collectibles on the Binance Smart Chain by encoding the photo’s hash, which the non-fungible tokens represent. No more than 8888 of these photos can ever be created. Digihats provides a website to communicate with the smart contract and to display the created photos.

Our website is free to use. In the case a user wants to store a generated Digihat on the Binance Smart Chain, Digihats charges a fee of 0.11 BNB for the first 1111 tokens. Once the first 1111 have been sold, the price rise to 0.22 BNB for the next 1111 Digihats. After 2222 Digihats have been sold, the price for the next 2222 Digihats will respectively be 0.44 BNB. Once 4444 have been sold, the price for the remaining 4444 Digihats will be 0.88 BNB. Additionally, a transaction fee will be charged by the Binance Smart Chain. We reserve the right to change prices at any time.

• Your Account

a. Only fully legally competent persons are permitted to use our website, app or any other medium we provide. Legally competent persons mean, when a person is mentally fit, can make rational decisions and is able to perform and participate in legal proceedings, such as possessing sufficient mental faculties to understand the nature and consequences of an act.

b. If you use our services, you are responsible for securing restriction of access to your computer and your mobile equipment as well as for the security of your electronic crypto wallet.

c. You may not use our services in order to interrupt or damage the services in any way. You are not allowed to use our services for fraudulent and/or illegal activities.

We reserve the right to prohibit you from using our services at any time. This applies especially for violating applicable law or our Terms and conditions. Prohibiting usage of our services does not affect your ownership of acquired crypto collectibles.

• Fees and Payment

a. To conduct transactions on the Binance Smart Chain through our website, which are necessary to buy provided crypto collectibles, you need to have a web3 connector such as METAMASK. METAMASK is an electronic wallet that enables to manage the cryptocurrencies like BNB and to send and receive BNB. Transactions on our website can only be executed through web3 connectors such as METAMASK. Therefore, you need to connect your Wallet to our website.

b. In order to mint a non-fungible token through our website, the prices shown for the respective products must be paid to the digihat smart contract: 0x1Ba50fB34360143b4006d8Bb803485D2D1837bB3.

c. If you conduct transactions through our website, all these transactions will be executed through the Binance Smart Chain. We do not have the possibility to influence any transaction happening on the Binance Smart Chain.

d. A transaction fee, known as a gas fee, is charged for every conducted transaction by members of the Binance Smart Chain. You need to pay this transaction fee for each conducted transaction. We are not involved in any way with transaction fees on the Binance Smart Chain.

e. All paid prices exclude any possible taxes.

• Liability

a. thedigihats.com strives to offer the provided service without interruptions as far as possible. Even when applying the greatest care, it is not possible to prevent downtimes. The user acknowledges that the full availability (100%) of the website cannot be realized.

b. You as the user are responsible for securing the Wallet or other storage mechanism that you use for the purchase, exchange or use of tokens on the thedigihats.com, including all required passwords or other access data required to access these storage mechanisms. As a service provider, thedigihats.com is not responsible for losses entailed in the loss of your access data or in third-party access to your access data.

Through the minting of non-fungible tokens and the use of the thedigihats.com, you declare and guarantee the following:

You have a sufficient understanding of and experience with cryptographic tokens (particularly Binance Smart Chain), token storage mechanisms (e.g. crypto wallets) and blockchain technology in order to understand these terms and understand the risks and effects of the acquisition, the procurement and the exchange of platform-internal elements on Binance Smart Chain.

You have read and understood these terms (including all the annexes, if available).

You have received sufficient information on the thedigihats.com to make an informed decision on the purchase, holding or exchange of tokens.

You will not mint, hold, or exchange tokens for purposes other than to take part in the thedigihats.com platform.

The minting, your procurement and your exchange of articles and tokens tied to the platform comply with applicable laws and regulations in your place of jurisdiction, including but not limited to (i) the legal capacity and all other threshold requirements in your jurisdiction for the use and payment of BNB and the conclusion of contracts with the platform organiser, (ii) all the foreign currency or regulatory restrictions for this purchase and (iii) all the government or other approvals that must be obtained.

You will comply with all the tax obligations applicable in your jurisdiction which arise from the purchase, the procurement, or the exchange of cross-platform articles, if necessary.

If you mint, hold, or exchange tokens in the name of a natural or legal person, you are entitled to accept these terms in the name of this natural or legal person and this natural or legal person shall be responsible for any infringement of these terms by you or this natural or legal person or another employee or representative of this person.

You agree that when using the platform there is a risk that digital assets in the form of cryptocurrency can be lost, particularly through the loss of private keys, or by sending cryptocurrency, or non-fungible tokens to the wrong address, and that the platform organiser is not liable to you for any such loss.

Indemnification

If you undertake to indemnify thedigihats.com from all third-party claims and from all liabilities, payment obligations, costs or damage that arise on account of or in connection with:

violations of the Terms and Conditions,

your infringements of industrial property rights or other rights of data protection provisions of third parties or

any misuse of the service by third parties if the misuse was rendered possible by your failing to take reasonable measures to protect your username and password against misuse by third parties.