General Terms and Conditions

These General Terms and Conditions (hereinafter: ”GTC”) govern the use of the website https://www.segmint.io including individual services thereof (hereinafter ”SegMint Platform”). The operator of the SegMint Platform is SegMint GmbH, Kreuznacher Strasse 30, 60486 Frankfurt am Main, Germany (hereinafter ”SegMint”)

In order to fully use the Services offered on the SegMint Platform, the registration as a Platform User (hereinafter ”User”) is required. By opening an account on the SegMint Platform (hereinafter ”SegMint Account”), agreeing to these GTC and acknowledging the SegMint Privacy Policy available via https://www.segmint.io/privacy-policy a contract is concluded between SegMint and the User (hereinafter: ”User Agreement”).

The SegMint Platform enables Users to register a User account, view certain information on Vaults and respective vaulted NFTs and SegMint Keys, mint NFTs, create SegMint Safes and Vaults, lock NFTs into Vaults and receive SegMint Keys in return that can be used to unlock the NFT, sell and purchase SegMint Keys and use other services, such as gaming features, provided on the SegMint Platform from time to time (hereinafter collectively: ” Services”). The SegMint Platform and any Services are purely dedicated to enabling Users to share, participate in and enjoy experiences regarding NFTs and to use gaming features of the SegMint Platform as a consumptive utility as well as building communities around these aspects. Individual services, in particular if provided by third-party service providers, may be subject to separate or additional terms of service that the User has to accept prior to using these services.

The application of the User's general terms and conditions is excluded. Deviating, conflicting or supplementary general terms and conditions of the User shall only become part of the contract if and to the extent that SegMint has expressly agreed to their application in writing. This consent requirement shall apply in any case, even if for example SegMint, being aware of the general terms and conditions of the contractual partner, accepts payments by the contractual partner without reservations.

As used throughout these GTC, the following terms have the following meanings:

SegMint does not provide any regulated financial services, in particular the SegMint Platform is not intended for trading of any type of securities, investment products or financial instruments, in particular financial instruments pursuant to the German Banking Act (Kreditwesengesetz) and Investment Firm Act (Wertpapierinstitutsgesetz). SegMint does not give any investment recommendations or advice and does not provide any brokerage or custody services. The User is responsible for the tax treatment (if any) in connection with the purchase or sale of Digital Assets.

Users are also aware that they may not use the SegMint Platform to offer any means of exchange/payment or investment products.

Users are aware that any purchase price set for SegMint Keys is not a reflection of any “market value” of the SegMint Keys or vaulted NFTs but individually determined by each seller in its own discretion. Users should not expect that SegMint Keys will increase in value or that they will be able to find another purchaser for any SegMint Keys they have purchased in the future.

Users must, at all times, refrain from providing any statements whereby SegMint Keys or vaulted NFTs are investment products or any other misleading statements on the purchase of SegMint Keys of vaulted NFTs.

The User is aware of the inherent risks associated with Digital Assets. Digital Assets available on the SegMint Platform are not intended for investment purposes. However, the User is aware that prices for Digital Assets, including SegMint Keys sold on the SegMint Platform, or vaulted NFTs, may show volatility due to various factors such as speculation, advancing technology, or changes in the regulatory environment. SegMint does not provide the SegMint Platform to have Users participate or take advantage of this price volatility. The value of these Digital Assets is not guaranteed and can become zero.

All Transactions on Digital Assets, including SegMint Keys, are conducted through Blockchain networks. The User confirms that they are aware of the inherent risks associated with the use of Blockchain-based systems and that the User is experienced with handling Digital Assets and securing Private Keys. The User is aware that using these systems may involve risks such as, but not limited to, the following:

Any of the above may result in the SegMint Key or the vaulted NFT becoming functionless or may temporarily or permanently prevent the User from reselling or transferring them or claiming any function(s) related thereto. These risks are to be borne by the Users.

Transactions undertaken and signed using SegMint's Services on the Blockchain are irrevocable and irreversible, and there is no possibility to refund Digital Assets that have been deployed. In particular, a User may be unable to reclaim a vaulted NFT (depending on the market terms set for a Vault) or respective SegMint Keys once the SegMint Keys have been transferred to other Users' Wallets.

The User is solely responsible for the safekeeping of the Private Key associated with the Blockchain address used to participate in the SegMint Services. SegMint will not be able to restore or issue any refunds due to lost Private Keys.

In order to fully use SegMint's Services, the registration as a User and connection of a Wallet is required. Registration takes place by opening a SegMint Account, agreeing to these GTC and acknowledging the SegMint Privacy Policyhttps://www.segmint.io/privacy-policy . With the registration, a User Agreement is concluded between SegMint and the User for the use of the SegMint Platform. There is no right to the conclusion of a User Agreement.

The User Agreement alone (that means without e.g. minting a SegMint Key or an NFT or purchasing a SegMint Key) does not impose any purchase obl¡gation and/or payment obligation on the User.

Registration is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity who are domiciled or resident outside and not citizens of the United States of America. Minors in particular may not register to use SegMint Services. The registration of a legal entity or partnership may only be carried out by an authorized natural person who must be named. When registering natural persons, only individual persons may be specified as the owner of the SegMint Account (i.e. no married couples or families).

By registering or using a SegMint Account the User agrees and represents that they created their SegMint Account and they will use their SegMint Account only for himself. Each User shall register only one SegMint Account. A SegMint Account is not transferable.

Legal entities, partnerships and natural persons (from countries) affected by sanctions imposed by the European Union (further information available e.g. at https:// www.sanctionsmap.eu) and/or the USA (further information available e.g. at https:// ofac.treasury.gov/sanctions-programs-and-country-information) are prohibited from using SegMint's Services.

Furthermore, legal entities, partnerships and natural persons who are citizens of a country or who have their residence in a country whose jurisdiction prohibits or restricts the SegMint Services may not use the SegMint Services.

SegMint may introduce identification or disclosure requirements, including but not limited to any type of video-identification, to comply with legal requirements applicable to SegMint, in particular requirements pursuant to applicable anti-money laundering law provisions, including but not limited to the German Money Laundering Act (Geldwäschegesetz - GwG). This may also apply to Users who were already registered when the identification and disclosure requirements were introduced.

The User is obliged (i) to provide complete and correct information about its person at the time of registration on the Website and (ii) in case of respective changes to correct without undue delay the information on the Website insofar such information is mandatory for the performance of the User Agreement. Such mandatory information is marked as such when requested on the Website.

If SegMint receives a notice or otherwise has reason to believe that the information or documents provided by the User are wholly or partially incorrect, incomplete or not up to date, SegMint is entitled to request the User to remedy the situation immediately. If the User fails to correct or complete the information or document within the set deadline, SegMint is entitled to suspend the provision of its services and to block the User until the User has fully complied with the request.

Users must keep their password secret and carefully secure access to their SegMint Account. Users are obliged to inform SegMint immediately if there are indications that a SegMint Account has been misused by a third party. The User's liability for any activity of or interaction with a corrupted account is subject to statutory rules.

In the event that a SegMint Account is inactive for at least 12 months, SegMint may contact the User and request the User to confirm the account's activity within a reasonable time period. In case that the User does not confirm the account's activity, SegMint reserves the right to terminate the User Agreement in accordance with Section 21 and to delete the SegMint Account

SegMint provides a UI in the form of the SegMint Platform and related smart contracts for Users to interact with existing Blockchain networks. SegMint does not have any control over the relevant Blockchain networks.

Via the SegMint Platform, Users can mint NFTs, create Vaults, lock NFTs into these Vaults, mint SegMint Keys for a Vault, “list” SegMint Keys for sale, purchase SegMint Keys (and “list” them again for sale), create SegMint Safes and transfer compatible Digital Assets to those SegMint Safes. This requires that Users connect their self-hosted Wallets with the SegMint Platform.

On the SegMint Platform, Users can, in particular, see information on Vaults created by other Users, the NFTs locked into the Vaults, the number of SegMint Keys created for a specific Vault, any respective SegMint Keys offered for sale, the underlying Blockchain network of the NFT and SegMint Keys, as well as Transaction history data regarding the SegMint Keys.

SegMint does not hold, safekeep or have any access to any User's Private Keys, NFTs, SegMint Keys or any other type of Digital Assets. If a User selects to mint an NFT or to mint, buy, or sell any SegMint Keys, any Transactions will be conducted through the relevant Blockchain network governing the NFT or SegMint Keys. SegMint will have no insight into or control over Transactions, nor the ability to reverse any Transactions at Blockchain-level.

Any NFTs or SegMint Keys are minted directly to the respective User Wallet connected to the SegMint Platform.

To mint SegMint Keys, a User must create a Vault and lock their NFT into that Vault. Since the respective SegMint Keys for a specific Vault minted directly to a User's Wallet are the only way to access the Vault, SegMint does not have any access to the Vault.

When Users purchase or sell SegMint Keys on the SegMint Platform, SegMint does not assume any intermediary or agent role. The SegMint Keys on the one hand and purchase price on the other hand are transferred instantaneously during settlement of the Transaction between the respective Users' Wallets after the seller and the purchaser have given their Approval.

A User can only mint an NFT by either referring to an existing collection or creating a new collection. Minting an NFT without selecting a collection that the NFT shall belong to via the SegMint Platform is not possible. Creating a collection and/or minting NFTs requires payment of a Network Fee as applicable to the underlying Blockchain network.

SegMint might allow the User to use third-party services when minting NFTs on the SegMint Platform, e.g. to subject an NFT to customized terms that are added to the metadata of that NFT. The provision of third-party services may be subject to additional terms and conditions of the third-party service provider. These services are not provided by SegMint and SegMint does not assume any liability for these services.

To mint SegMint Keys for an NFT, the User must approve (i) the transfer of the respective NFT from a Wallet to the Vault, and (ii) the minting of the SegMint Keys to this Wallet. Both Transactions require a Network Fee as applicable to the underlying Blockchain network. As soon as the SegMint Keys have been minted to the User's Wallet, the Vault can be visited via the SegMint Platform.

Exclusive Transferability on SegMint Platform

Unlocking of Vaulted NFT

Further Utilities

Visual representation of NFT

Another core utility of SegMint Keys is the visual representation of the NFT that is locked in the respective Vault. Users may view this visual representation for personal enjoyment.

Accrual of Experience Points (XP):

Ownership of SegMint Keys allows Users to accrue XP, which is essential for gaming on the SegMint Platform. XP may be used to unlock various gaming features within the SegMint Platform, depending on the available gaming features. To which extent XP are accrued and can be used is up to the discretion of SegMint and depends on the features developed for the gaming features; a SegMint Key holder does not have a specific right to claim or use XP.

No-Guarantee on Vaulted NFTs or Assets

SegMint expressly makes no claim that NFTs locked in a Vault, which may include consumptive utilities or specific rights regarding (digital) assets, actually provide any type of access or right.

Additional Utilities Provided by Users

Update and Modification of Rights and Functionalities

Before being able to sell SegMint Keys on the SegMint Platform, a User must define the market terms that shall apply to the SegMint Keys of a specific Vault. The available market terms are indicated on the SegMint Platform. Those market terms cannot be changed once they have been set by the User. In particular, Users should note that they may permanently lose access to a vaulted NFT if they do not include a buy-back function via the market terms and SegMint has no technical means to grant the User access to that vaulted NFT. Setting the market terms requires the payment of applicable Network Fees for the underlying Blockchain network. The available market terms are subject to change. Changes to the market terms will only affect SegMint Keys that are minted after the amendments to the market terms have been published in due course.

Once the market terms have been set, a User can sell their SegMint Keys by selecting to “list” the SegMint Keys via the SegMint Platform against payment of a Network Fee as applicable to the underlying Blockchain network and set the price per SegMint Key and quantity as well as expiry date.

Any “listing” of SegMint Keys requires that they are admitted by SegMint. Admission can take up to 7 days. In case the admission process takes longer, the User will be informed via the SegMint Platform and email.

SegMint provides information on the eligibility of NFTs and respective SegMint Keys for the “listing” on the SegMint Platform on the Website. Rules for the eligibility may be subject to change. In particular, SegMint Keys for any NFTs representing the following rights or functions are not eligible for sale and will not be approved by SegMint:

• NFTs that qualify as financial instruments, including crypto assets (Kryptowerte), pursuant to Section 1 (11) German Banking Act (Kreditwesengesetz - KWG).
• NFTs representing any type of payment claims (interest, dividends, repayment of capital),
• NFTs representing a right to participate in any (sales) proceeds or any type of revenue or profits,
• NFTs representing ownership or options regarding shares or other types of participations in companies, any debt instruments (loans or bonds) or any similar investment instruments,
• NFTs representing ownership or any other right regarding physical commodities typically used as a store of value or for trading, such as gold or other valuable metals, oil etc.
• NFTs representing ownership or any other right regarding real estate,
• Interchangeable NFTs that serve an investment purpose because their holders objectively have reason to expect an increase in value, in particular due to claims of the NFT-issuer, including fractionalized and standardized parts of a single (digital or physical) asset, or that represent the right to a delivery of interchangeable high value goods that typically increase in value,
• NFTs representing title or exclusive license to an intellectual property right, including patents, copyrights, trademarks or proprietary software, other than licenses necessary for the operation of the NFTs itself,
• NFTs with criminal or pornographic content, depiction of violence and hate speech, or tied to criminal activities or other illicit activities.

In case SegMint Keys pertain to a vaulted NFT which, due to subsequent changes of the underlying project and associated rights, becomes non-eligible, the SegMint Keys may be prevented (“blocked”) from any further Transactions.

The User must approve the “listing” by signing with their Private Key (associated with the Wallet where the SegMint Keys are currently held), granting prior Approval to transfer the SegMint Keys to a purchaser against transfer of the respective purchase price.

Thereafter, the SegMint Keys will be displayed as available for sale on the SegMint Platform at the conditions set by the User. The User can “de-list” SegMint Keys that have not been purchased and transferred to other Wallets at any time against payment of a Network Fee as applicable to the underlying Blockchain network, whereupon the SegMint Keys will no longer be displayed as available for sale.

Any SegMint Key holder that has purchased SegMint Keys via the SegMint Platform can also “list” the SegMint Keys they hold via the SegMint Platform.

Users can purchase SegMint Keys in accordance with the applicable market terms. Users may also place bids for “listed” SegMint Keys. Any purchase of SegMint Keys requires that a User holds sufficient Digital Assets in their Wallet in the form of native tokens of the underlying Blockchain network of the respective SegMint Keys and in the amount of the respective purchase price plus any Network Fees as applicable to the underlying Blockchain network, and plus any other applicable fees.

To settle a SegMint Key purchase, the purchaser and seller must grant Approval. Then, in instantaneous Transactions (i) the respective SegMint Keys are transferred directly from the seller's Wallet to the purchaser's Wallet, (ii) the purchase price is transferred directly from the purchaser's Wallet to the seller's Wallet, and (iii) any applicable Network Fees or other fees are transferred directly from the purchaser's Wallet to respective other Wallets.

SegMint Safe provides a self-hosted smart contract-based Wallet solution for Users. To create a SegMint Safe, a User will select a custom name, add one or several Wallets as Safe Approvers that shall control the SegMint Safe and set a quorum which is the minimum number of Safe Approvers needed to approve a Transaction. The User must grant Approval to add Safe Approvers and pay the required Network Fee as applicable to the underlying Blockchain network.

The User and any third party can then send compatible tokens to the SegMint Safe address. Those tokens can only be moved from the SegMint Safe if the required quorum of Safe Approvers have granted Approval for the Transaction. Such Approvals provided by the Wallets as Approvers require the payment of the required Network Fee as applicable to the underlying Blockchain network.

Via the UI, Users can see outstanding Transactions, how much time is left for Approving a Transaction, and a Transaction history.

The User that has created the SegMint Safe can add or remove Wallets as Safe Approvers and amend the quorum. However, once other Wallets have been added as Safe Approvers, the User requires the Approval of the required quorum of Safe Approvers for such amendments. If these other Wallets are not controlled by the User, the User may be unable to add or remove Wallets or amend the Safe Approver quorum.

The User agrees that the User is solely responsible for any Wallets added as SegMint Safe Approvers. There are no individual Private Keys related to a SegMint Safe, rather, any Approval requires that the respective Safe Approver Wallets can be accessed. The User or any other person controlling a Wallet added as Safe Approver is responsible for storing and securing Private Keys needed to access such a Wallet. SegMint does not store Private Keys for any User, nor does it have access to any Safe Approver Wallets. In the event of loss of the means of access, including Private Keys, to the Safe Approver Wallets, and consequently the SegMint Safe, SegMint will not be able to restore access to the tokens held in the SegMint Safe.

SegMint reserves the right to define and modify the specific conditions and use cases related to SegMint Safes, and any changes will be communicated to Users through the SegMint Platform or relevant channels.

A User may also mint Multi-Asset SegMint Keys, which are specifically designed for unlocking a Multi-Asset Vault that locks more than one NFT. Users should be aware that Multi-Asset SegMint Keys have certain limitations:

(a) Multi-Asset SegMint Keys are ineligible for “listing” and sale via the SegMint Platform. They are intended solely for unlocking Vaults. Users cannot list, sell or buy, but they can transfer Multi-Asset SegMint Keys to other Users via the SegMint Platform.

(b) Multi-Asset SegMint Keys come with no additional utility or functionality beyond their primary purpose of unlocking Multi-Asset Vaults. Users should not expect any additional benefits or features associated with these SegMint Keys.

(c) SegMint reserves the right to update and modify the specific conditions and use cases related to Multi-Asset SegMint Keys, and any changes will be communicated to Users through the SegMint Platform or relevant channels. For clarification such updates and modifications will not apply to already existing Multi-Asset SegMint Keys to the detriment of the respective holder. "

SegMint may offer, at their discretion, certain gaming features to Users. These gaming features may change over time and may require the payment of fees, including Network Fees for Transactions. Users do not have any claims to use specific gaming features.

SegMint reserves the right to change the SegMint Platform to the extent that this is reasonable for the Users, taking into account the legitimate interests of SegMint, the User does not incur any additional costs, and the change serves the purpose of adapting the SegMint Platform to technical developments, changed User numbers, changed User behavior or changed User expectations.

The User's right to use the SegMint Platform exists only within the scope of the current state of technology. SegMint may temporarily restrict certain functions of the website if this is necessary with regard to capacity limits, the security or integrity of the software, servers or services or to carry out technical measures, e.g. maintenance work, or to adapt the range of services with regard to long-term product development. SegMint takes into account the legitimate interests of the Users in these cases, e.g. through advance information. Section 19 (Limitation of Liability) remains unaffected by this provision.

SegMint endeavors to ensure the functionality of the SegMint Platform at all times. Nevertheless, there are events that can affect Transactions on the SegMint Platform or lead to system failures, such as power outages or natural disasters. If an unforeseen system failure hinders the use of the SegMint services, the Users will be informed in an appropriate form.

In the event of defects in SegMint Services, consumers may assert warranty claims against SegMint in accordance with the statutory provisions. The provisions of Section 19 (Limitation of Liability) apply to any claims for damages.

SegMint may provide access to third-party services via the SegMint Platform. Unless SegMint has a clear indication to the contrary, SegMint assumes no liability for their correctness, completeness or useability. The use of third-party services is at the User's own risk and may be subject to separate terms and conditions. SegMint is not liable for damages incurred by the User through the use of third-party services.

Via the SegMint Platform, Users can also browse for compatible Wallets and access third- party websites to set up a Wallet. SegMint is not responsible for the content of any third- party websites. SegMint neither recommends, operates, offers, nor has any influence on the functions of and conditions – including any fees – applicable to third-party Wallet solutions. The conditions of third-party Wallet solutions, if any, are governed by the applicable contractual provisions between the User and the respective third-party service provider. If a User selects a third-party Wallet solution via the SegMint Platform UI, the User will be forwarded to the UI of the respective third-party services. After setting up a Wallet via the third-party UI, the User can connect this Wallet with the SegMint Platform, using the SegMint Platform UI.

Rights to SegMint Platform and Services: SegMint reserves all intellectual property rights in and to any product, content, or material including the SegMint Platform or SegMint Services or any results thereof. SegMint permits the User to use SegMint Material exclusively for personal, non-commercial use for the purpose of the User Agreement. Unless necessary for the contractual use and except for mandatory legal provisions, the User is not entitled to reproduce, edit, modify, decompile, reverse engineer, or scrape the SegMint Platform or SegMint Services, their respective underlying software or their User interface, APIs or protocols, or to perform any other actions that infringe proprietary rights of SegMint or third parties.

Rights to User Content: By using the SegMint Services, including the minting of SegMint Keys and NFTs, you grant SegMint a worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use, copy, modify, and display any product, content, or material, including digital artworks linked or associated with SegMint Keys or NFTs, (hereinafter ”User Content”) that you submit or post through the SegMint Platform or SegMint Services for the provision of the SegMint Platform or SegMint Services. User represents and warrants that they are the legal owner or licensee of any User Content submitted or posted and is entiteld to grant the relevant rights to SegMint.

Rights to SegMint Keys and NFTs: Unless agreed otherwise, when purchasing a SegMint Key , the User does not acquire the copyright or any license to the digital artwork or any other asset associated with the vaulted NFT. The User may display and share the digital artwork, but has no legal ownership, right, or title to any copyright, trademark, or other intellectual property right in the digital artwork. Rights to the digital artwork, to the extent necessary for the operation of the NFT, may be transferred to the User unlocking the vaulted NFT pursuant to Sec. 8.2. SegMint does not warrant rights or title to any digital artwork associtated with the NFT of the User that minted or vaulted that NFT.

The use of the SegMint Account is provided free of charge. SegMint may charge the User for certain Transactions and/or SegMint Services on the SegMint Platform. The applicable fees for individual Transactions and SegMint Services can be accessed here. Fees may be updated form time to time. Any updated fees only apply for Transactions or SegMint Services ordered after such fees have been publicly announced on the SegMint Platform. SegMint will display such fees either individually or included as part of a (total) price.

Certain Transactions or SegMint Services, including but not limited to an Approval, creating SegMint Safes, minting NFTs or SegMint Keys, setting market terms, delisting SegMint Keys, unlocking a vaulted NFT may require a Network Fee pursuant to the Blockchain network governing the respective NFT or SegMint Key. SegMint does not charge the User with these Network Fees and cannot influence these costs, as they are incurred by the interaction of a User's Wallet with the respective blockchain network and not by using the SegMint Platform. The Network Fee may be displayed in the User's Wallet, subject to the specific Wallet features which are not controlled or influenced by SegMint.

Any purchase of SegMint Keys may trigger fees payable to the User that initially minted the SegMint Key. SegMint will display such fees either individually or included as part of a (total) price.

Third-party services available via the SegMint Platform may charge additional fees. SegMint has no control over these fees. Such fees will be indicated in accordance with the third-party service provider.

All fees are to be paid in the form of Digital Assets as indicated on the SegMint Platform, depending on the underlying Blockchain network.

The User is not entitled to set-off claims of SegMint unless the User's counterclaims have been legally established or are undisputed. The User shall also be entitled to offset against the claims of SegMint if the User asserts notices of defects or counterclaims from the same purchase contract.

Users must, when posting any User Content or engaging with other Users via the SegMint Platform, adhere to our Community Guidelines which can be accessed here.

SegMint has the right to: (i) remove or refuse to post any User Content and take any action with respect to any User Content that is necessary or appropriate, including if such User Content violates these GTCs or the Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Services or the public or could create liability for SegMint; (ii) disclose your identity or other information about the User to any law enforcement agency; and (iii) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

SegMint also has the right to terminate or suspend the respective User's access to all or part of the Services considering the User's reasonable interest and that of third parties in case User Content published by the User violates these GTCs or the Community Guidelines, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Services or the public or could create liability for SegMint

If the SegMint Services or any individual services are provided to the User free of charge, SegMint shall be liable only in cases of intent or gross negligence. Warranty obligations only arise if SegMint has fraudulently concealed a possible material or legal defect of the SegMint Services.

If the SegMint Services or any individual services are not provided to the User free of charge, SegMint shall be liable in cases of simple negligence only for damages resulting from the breach of an essential contractual duty (a duty, the performance of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly relies and may rely), whereby SegMint's liability shall be limited to compensation of the foreseeable, typically occurring damage.

The limitations of liability according to Sec. 19.1 and 19.2 do not apply (i) to damages resulting from injury to life, body or health, (ii) insofar as SegMint has assumed a guarantee, (iii) to claims of the User according to the Product Liability Act and (iv) to claims of the User according to the applicable data protection law.

The limitation of liabiliy also applies to the personal liability of the organs, legal representatives, employees and vicarious agents of SegMint.

If the User suffers damage due to the loss of data, SegMint is not liable for this, insofar as the damage would have been avoided by a regular and complete backup of all relevant data by the User.

SegMint shall take all possible measures to enable the User to access the SegMint Platform, the SegMint Safe functions and the Third Party Services. In the event of disruptions to the technical infrastructure outside of SegMint's sphere of influence, e.g. the internet connection or a relevant Blockchain, SegMint is released from its obligation to perform. This also applies if SegMint is prevented from performing due to force majeure or other circumstances, the elimination of which is not possible or economically unreasonable for SegMint.

The User shall indemnify SegMint against all claims asserted by other Users or other third parties against SegMint due to infringement of their rights (in particular copyrights) by the User via the SegMint Platform or due to the User's other use of the SegMint Platform. In this context, the User shall bear the costs of the necessary legal defense of SegMint including all court and attorney fees in the statutory amount. This shall not apply if the User is not responsible for the infringement.

In the event of a claim by a third party, the User is obligated to provide SegMint immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.

The contract term begins when the User creates a SegMint Account on the SegMint Platform.

The User can terminate the Agreement at any time by visiting SegMint's website.

SegMint may terminate the User Agreement at any time giving 30 days' prior notice. SegMint's right to terminate the User Agreement for cause remains unaffected.

As soon as the User Agreement has been terminated, the User may no longer access the SegMint Account and use the SegMint Services. However, the User will be permitted on a case-by-case basis to unwind their SegMint Account and Digital Assets by e.g. unlocking NFTs (in case the User holds or can claim all respective SegMint Keys to a Vault) during a period of (90) days following termination of the User Agreement from their User Account. SegMint will decide individually and taking into account the legitimate interests of the User how to unwind the SegMint Account.

Termination of the User Agreement has no effect on the validity of contracts already concluded on the SegMint Platform. Thus, the User will be required to pay any outstanding amounts owed to SegMint or other contractual partners. SegMint is allowed to cancel or suspend any pending Transactions at the time of termination of the User Agreement.

The contract term begins when the User creates a SegMint Account on the SegMint Platform.

The User can terminate the Agreement at any time by visiting SegMint's website.

SegMint may terminate the User Agreement at any time giving 30 days' prior notice. SegMint's right to terminate the User Agreement for cause remains unaffected.

As soon as the User Agreement has been terminated, the User may no longer access the SegMint Account and use the SegMint Services. However, the User will be permitted on a case-by-case basis to unwind their SegMint Account and Digital Assets by e.g. unlocking NFTs (in case the User holds or can claim all respective SegMint Keys to a Vault) during a period of (90) days following termination of the User Agreement from their User Account. SegMint will decide individually and taking into account the legitimate interests of the User how to unwind the SegMint Account.

Termination of the User Agreement has no effect on the validity of contracts already concluded on the SegMint Platform. Thus, the User will be required to pay any outstanding amounts owed to SegMint or other contractual partners. SegMint is allowed to cancel or suspend any pending Transactions at the time of termination of the User Agreement.

SegMint informs the User about SegMint's processing of personal data, including the disclosure to third parties and the rights of the User as an affected party, in the [https:// www.segmint.io/privacy-policy].

SegMint reserves the right to change these GTC at any time and without giving reasons, while considering and weighing the interests of the User. The new GTC will be communicated to the User in advance in text form (e.g., by email). They are considered as agreed upon if the User does not object to their validity within thirty (30) days after receipt of the notification. SegMint will separately inform the User about the essential changes, the possibility to object, the deadline to object and the consequences of inactivity. The User has to object in text form (e.g., by email). If the User objects, the current version of the GTC remains applicable. The right of SegMint to terminate the User Agreement according to Section 14 remains unaffected.

The current version of the GTC is published on and may be downloaded from SegMint's website underhttps://www.segmint.io/terms

SegMint is entitled, with a notice period of four weeks, to transfer its rights and obligations from the User agreement in whole or in part to third parties. In this case, the User has the right to terminate the User agreement without notice.

Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provision. If there is no statutory provision (regulatory gap), or if the statutory provision would lead to an unacceptable result, the parties shall enter into negotiations to replace the invalid or unenforceable provision with a valid provision that comes as close as possible to it in economic terms.

The User agreement including these GTC shall be governed by German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. For consumers domiciled in the EU, the mandatory provisions of the consumer protection law of the member state in which the consumer is domiciled shall take precedence, provided and to the extent that these are more advantageous for the consumer than the provisions of the German law.

For Users who are merchants within the meaning of the German Commercial Code (” Handelsgesetzbuch”), a special fund (”Sondervermögen”) under public law or a legal entity under public law, Frankfurt am Main (Germany) shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.