Created: 25 June 2021

These Terms of Use constitute the agreement made between the user (“you” or “User”), whether a private individual or representing an entity or organization and the partnership of the individual Founders of the Holomate Project (“we” or “Founders”) concerning the access to and use of the holomate.io website and the respective smart-contract as well as any other application, media form, media channel, mobile website or mobile application, smart contracts to be related, linked, or otherwise connected and developed thereto now or in the future (collectively the “website”, Site”). Holomate Project (“Project”) is the denomination of the collection of under which the MATE Tokens for Holomate ownership are emitted within the Ethereum network. The Holomate collection consists of 250 000 unique abstract definitions of virtual persons as digital artwork (the “Holomate” or “Artwork”) that are hashed on the blockchain and are represented by a non-fungible token (“NFT”) each.

The Holomate is a fun project and serve no other purpose than to experiment with a combination of various cutting-edge technologies in the adult sector. With the smart contracts the project aims to raise funds for development. The Holomate smart contract allows participants to purchase the NFT representing an abstract definition ("Definition") of a virtual person, named Holomate, that exists inside the Holomate. All digital artwork related to this Holomate is subject to change as the development of the world progresses including aspects of this definition to meet a higher goal of to achieve a fun to play world for the end users. Holomate will provide a user interface to visualize the digital artworks. After the purchase of the NFT and the connected Artwork is transferred from the Ethereum smart contract to the purchaser (“Purchaser”) and concludes the business transaction between the respective parties. Before you purchase an NFT and use the UI and the Ethereum smart contracts, you will need to agree to these Terms of Use and any terms and conditions incorporated herein by reference (collectively, these "Terms").

All services regarding the functionality of the second layer ("off-chain") where ownership of Holomate and Maco Coins can be stored apart from the blockchain come without any warranty and is currently in development phase. This includes minting,depositing, picking-up NFT's and cash-in and cash-out of Maco Cash. The developers are not liable for any funds lost on this "off-chain" system, namely for malouscous data manipulation by other parties, software bugs, connection problems or caused by any other reason. WE DO NOT REFUND ANYTHING. WE GUARANTEE FOR NOTHING. But we hope for the best.

PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE OF AN NFT VIA THE HOLOMATE.IO WEBSITE. THESE TERMS GOVERN THE PURCHASE OF THE NFT, UNLESS THE FOUNDERS HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH THE PURCHASER FOR THAT PURPOSE. IF WHEREVER A “CLICK” IS NEEDED TO AGREE THESE TERMS OF USE, THAT “CLICK” WILL CONSITITUTE THE EXPRESSIVE APPROVAL ON THE PURCHASER’S BEHALF ON ACCEPTANCE OF THESE TERMS OF USE. ACCEPTING THESE TERMS OF USE ALSO SHALL MEAN THAT THE PURCHASER CONFIRMS TO FULLY UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF THESE TERMS ARE BEING ACCEPTED ON BEHALF OF ANY ORGANIZATION, COMPANY OR OTHER LEGAL ENTITY, IT SHALL BE ASSUMED THAT THE REPRESENTATIVE MAKING SUCH DECLARATION HAS THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” OR THE “PURCHASER” WILL MEAN THAT ENTITY. IF THE REPRESENTATIVE DOES NOT HAVE SUCH AUTHORITY, OR IF ALL OF THESE TERMS ARE NOT ACCEPTED, THEN WE ARE UNWILLING TO MAKE THE SMART CONTRACTS, OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SMART CONTRACTS, OR THE SITE AND NOT ENTITLED TO PURCHASE THE NFT.

COOKIES: You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Sites may become inaccessible or not function properly.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITES: By using the Site and accepting these Terms of Use you accept and agree to be bound and abide by these Terms of Use in addition to our Privacy Policy.

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

CHANGES TO THE TERMS OF USE: We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. USAGE OF THE NAME HOLOMATE.IO: The Founders have the exclusive right to use, exploit, protect and merchandize the name Holomate in its singular or plural form in relation the Site, the Artworks or any other products, NFT’s, related service names, designs, slogans and trademarks. You must not use such marks without the prior written permission of the Founders other than in relation to the NFT and Artwork puchased from us. GEOGRAPHIC RESTRICTIONS: The owner of the Websites is based in Switzerland. We make no claims that the Site or any of its content is accessible or appropriate outside of Switzerland. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside Switzerland, you do so on your own initiative and are responsible for compliance with local laws.

Holomate is a collection of 250'000 unique abstract definition of virtual persons and digital artwork to visually render that person, each represented by a NFT. The Holomate NFTs are sold during different initial sales periods, including an pre-sale period, according to the price schedule displayed on the website (www.holomate.io). All unsold NFTs during the initial sales period will remain purchasable after the initial sales period has concluded. The Founders do not provide any additional services to the user after the business transaction is concluded. You can access the Site via any web browser using the URL https://www.holomate.io and an electronic Ethereum wallet compatible with the NFT standard on the Ethereum network. You will not be able to engage in any transactions on the Site other than through Ethereum-compatible browsers. Transactions on the Site are managed and confirmed via the Ethereum blockchain. We have absolutely no effect or control on MetaMask, Google Chrome, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the Site and make the transaction. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

If you decide to purchase a Holomate bot ownership NFT, any financial transactions will be conducted solely through the Ethereum network. The Purchaser shall acknowledge that the Founders have no liability to the Purchaser or to any third party for any material or immaterial claims, damages or costs that may arise as a result of any transactions that is engaged by means of the Site, or using the Smart Contracts, or any other transactions that you conduct via the Ethereum network. Once the payment or the transaction is made, we have no control to reverse any transaction and we have no control over the payment system and mechanism whatsoever.

The Purchaser shall acknowledge that is solely responsible for his/her MetaMask wallet, and other Ethereum wallets, if applicable and the private key to access it.

Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction that occurs via the Site. The Gas Fee does not constitute part of the NFT price, we are not benefitted from that at all and we have no control over its pricing. All paid prices exclude any possible duties or charges. You will be solely responsible to pay any and all sales, use, value-added, and other taxes, duties and customs if applicable in relation to the purchase and ownership of the NFT from the Holomate collection, now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”), under any jurisdiction in the world, under any tax laws and treaties. The Purchaser shall declare and warrant that is not resident (including tax resident) in any of the countries which have any – even partial – legal restriction regarding the purchase, acquisition, ownership of any crypto currencies, crypto tokens, cyber currencies or any other similar currencies and tokens and Purchasers shall declare under this Agreement that they do not do or attempt to do any action directly or indirectly what should mean the breach money laundering and counter-terrorist financing laws under any jurisdiction the Purchaser is related to.

During the release phase, bot properties of unsold bots are still adjusted to meet the wanted gameplay experience. This adjustments are all done before the end of the last bot release cycle, aka after 6 months from release start, as released or in pre-sale purchased bots have fixed properties and will not be touched anymore by automatic adjustments and fine tuning.

All NFT metadata comes directly from the off-chain game-engine and updated regularly, as the NFT represents bot, a living entity, with a life in a world, and some data may change over time as the bot lives along in-game and meet players etc.

All metadata can be fetched from the NFT as from any other ERC721 compatible NFT, despite the dynamic nature of this data, given by the context of a living entity and not just static data.

The artwork / renderings of the Holomate will be improved as the project progresses in its development. All renderings will be affected by updates. The data is stored on a off-chain CDN where it can be updated regularly, as the bot properties change or the rendering engine made imporvements.

The Founders acknowledge that by the purchase of the NFT in exchange of the price as determined on the Site, the Purchaser acquires the unlimited exploitation rights and ownership of the NFT. Each Holomate is an NFT on the Ethereum blockchain. When you purchase a NFT, you own the underlying Holomate, the Artwork, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Holomate. We strictly prohibit the use of offensive language in the name giving process. Any insulting names will be removed from the User Interface. Since the smart contracts are open to anyone, we cannot hinder or influence a name change on the Ethereum blockchain. There is a General Copyright Release Form downloadable from the Site in relation to the NFT purchases through which the Founders certify the originality, uniqueness and authenticity of the purchased Artwork comprised in the NFT and acquired exploitation rights. The Purchaser shall acknowledge and agree that the Artworks will run under the name “Holomate” and the artists will not be named individually as the Artworks are digitally generated compilation of digital graphic artworks and each Artwork therefore may have numerous authors. This also means that the Purchaser is not obliged to credit any of the authors while exploiting the Artworks and the NFTs. The Founders would like to ask the Purchasers to make the name “Holomate” appear during the exploitation of the NFTs, but it is not mandatory. However, no Purchaser shall be entitled to use and exploit the NFT and the Artwork under his/her/its own name, either real name or alias and shall not make the public assume that the Purchaser is the author of the used NFT and Artwork, not even in the event of a derivative work or any adaptation, neither in case of partial use. The Purchaser shall also acknowledge and agree that the Founders remain entitled to make the purchased Artworks appear on the Site and related websites and applications, promotions, marketing materials and communications, social media sites. Subject to your continued compliance with these Terms, the Founders grant to the Purchaser the unlimited, worldwide, exclusive license to use the purchased Artwork for any private or commercial use. The granted exploitation rights include but are not limited the following: (a) copy and any digital or other multiplication, (b) distribution, (c) public performance, (d) exhibition, display, (f) any kind and for of communication to the public, online, on demand, and kind of streaming, any type of transmission, (e) derivation, adaptation, (f) commercial sales, including exploitation in promotions and commercials, (g) use in any audiovisual work, (h) publishing in digital or print, (i) using in complations of works, (j) secondary merchandising (mugs, T-shirts, other items and products).

The Founders stipulate that the Purchaser shall respect the original purposes of the purchased Artwork and is prohibited to use the Artworks or to permit the use of the Artworks for harmful or defamatory purposes regarding third parties (individuals or entities), for pornographic, violent, racist purposes, and shall not be used or licensed to be used in connection with hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others.

For the sake of clarity, nothing in this Section 3 will be deemed to restrict you from owning or operating a marketplace that permits the use and sale of Holomate generally, provided that the marketplace cryptographically verifies each Holomate Artwork owner’s rights to display the Artwork and to ensure that only the actual owner can display the Artwork, and provided that the Artwork is no longer visible once the owner of the purchased Holomate leaves the website/application. You as the owner of the Artwork are entitled to earn revenue from any of the foregoing and the Founders confirm that the purchase price of the NFT includes the whole license fee in exchange of the granted and acquired exploitation rights. The Purchaser is entitled to assign/transfer the ownership of the purchased NFT on the Ethereum blockchain.

It shall be acknowledged and understood that by the purchase of the NFT Artworks only and exclusively the NFT will be purchased and in no event it shall be interpreted or understood that the purchase includes or in extended to any third party IP (intellectual property).

By using the Site and/or purchasing an NFT, you confirm to not be listed, or associated with any person or entity being listed, on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions or any list of sanctioned individuals, entities or organizations of any country you are resident and/or operate. You further confirm not to be resident of, citizen of or located in a geographic area that is subject to UN-, US-, EU embargoes. You confirm to not be domiciled in or organized under the laws of any country, whose legislation conflicts with the present purchase of NFTs on the Etherum blockchain or the purpose of the Founders in general. The rights and restrictions in this Section 3 will survive the expiration or termination of these Terms.

In the event of any Force Majeure Event (including a pandemic), breach of these Terms, or any other event that would make provision of the Site commercially unreasonable for the Founders, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of the Site, and the related services, if applicable. We may terminate your access to the Site as far as technically feasible in our sole discretion, immediately and without prior notice, and delete or deactivate your Account, if applicable and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. However, in no event ownership and the rights in and to the NFTs you purchased will terminated or suspended.

DISCLAIMER. THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD-PARTY CONTENT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICE OFFERINGS OR THIRD-PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. RISKS. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS ETHEREUM. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY. BY USING THE SERVICES YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

There are risks associated with using cryptocurrencies, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that the Founders will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum network, wallets and other related means, however caused. The prices of blockchain assets are very volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Holomate, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Holomate will not lose money. Risk of loss of private key or passphrase(s): The Founders are not responsible for your private keys, which you need in order to access the NFTs. It is your sole responsibility to protect your private keys. In case of lost, the company takes no responsibility. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens are uncertain, and new regulations or policies may materially adversely affect the development of the Holomate ecosystem, and therefore the potential utility or value of Holomate. Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-721 standard, including the Holomate ecosystem.

IN NO EVENT WILL THE FOUNDERS, THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE

You agree that you will be responsible for your use of the Site and holding NFT and you agree to defend, indemnify, and hold harmless the Founders from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site or token at any time; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. The Founders reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with the Founders’ defense of such claim.

The Site may include hyperlinks to other web sites or resources (“External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites, are not monitoring their content and are providing the respective links for informational purposes only. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other content or materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other content or materials on, or made available from, any External Sites.

NOTICE TO PARENTS AND GUARDIANS: By granting your minor permission to access the Site or Services, you agree to these Terms of Use on behalf of your minor. You are responsible for exercising supervision over your minor’s online activities. If you do not agree to these Terms of Use, do not let your minor use the Site or Services.

You affirm that you are over the age of 18, as the Site is not intended for children under 18. IF YOU ARE 14 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

All communications and notices made or given pursuant to these Terms and the agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

12. WAIVER OF CLASS LAWSUITES

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement. These Terms and all claims relating to or arising out of this Agreement, or the breach thereof, whether in contract, otherwise, shall be governed by Hungarian Law, provided that the Hungarian law has legal solutions to such dispute. It is understood that market customs and practice also shall be considered in any dispute. Any dispute, controversy or claim arising out of, or in relation to, this Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved amicably via a mutually appointed experienced mediator and if the (preferably online) mediation was not successful within 3 months, then the dispute should be solved by the competent courts of Switzerland.

These Terms and any policies or operating rules posted by us on the Site, or in respect to the Site constitute the entire agreement and understanding between you and the Founders. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms.

For further questions and clarifications please contact us at email@holomate.io