Terms of Service & Privacy Policy

Terms of Service - [Hard Copy]
Privacy Policy - [Hard Copy]

Terms of Service

Last updated: [October 19, 2022]

Welcome to https://app.niftyapes.money, a website-hosted user interface (the “Interface” or the “App”) provided by NiftyApes, Inc. (“NiftyApes,” “we,” “our,” or “us”). The Interface provides access to a protocol on the Ethereum blockchain that allows users to engage in certain digital assets transactions (the “NiftyApes Protocol” or the “Protocol”). The Interface is one, but not the exclusive, means of accessing the Protocol. While the Protocol is publicly accessible, we reserve the right to restrict access to the Interface, including by banning cryptocurrency wallet addresses and IP addresses, in order to protect users of the Interface and to comply with federal and state laws. Prior to using the Interface or accessing the Protocol, users should carefully review documentation regarding the operation of the Interface and the Protocol at https://docs.niftyapes.money/.

These Terms of Service (the “Terms,”) govern your relationship with NiftyApes, Inc. and your use of any services, tools, or information made available by us through (a) the Interface, (b)  the NiftyApes website operated by us and located at https://app.niftyapes.money, and all associated websites linked to https://app.niftyapes.money, and (c) the Protocol (collectively, the “Services”).

Please read these Terms and our Privacy Policy located at https://www.niftyapes.money/privacy-policy/ carefully. By using the Interface or any of the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree completely to these Terms or our Privacy Policy, do not use the Interface or any of the Services.

THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN SECTION 17. THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND NIFTYAPES AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THIS ENTIRE AGREEMENT, INCLUDING THAT PROVISION, CAREFULLY.

Eligibility.
You must be at least the age of majority in your jurisdiction to access or use the Interface or any Services. By accessing or using the Interface or any Services, you represent that you are at least the age of majority (e.g., 18 years of age) and have the full right, power, and authority to enter and comply with these Terms. If you access or use the Interface or any Services on behalf of a legal entity, (a) all references to “you” throughout these Terms will include that entity, (b) you represent that you are authorized to accept these Terms on that entity’s behalf, and (c) in the event you or the entity violates these Terms, the entity agrees to be responsible to us.

You represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the list maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United States.

You further represent that your access and use of the Interface or any Services will fully comply with all applicable laws and regulations, and that you will not access or use the Interface or any Services to conduct, promote, or otherwise facilitate any illegal activity.

Intellectual Property Ownership.
You acknowledge and agree that we own all legal right, title and interest in the Interface, the website located at https://app.niftyapes.money (the “NiftyApes Website”), and their contents, including but not limited to software, text, images, all trademarks, service marks, trade names, patents, and designs (“NiftyApes Materials”). You acknowledge that NiftyApes Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.

Subject to your compliance with these Terms, we provide you a limited, personal, non-exclusive, nontransferable, non-assignable, fully revocable license to use the Interface and the NiftyApes Website for your individual use. This license is effective until terminated. We may terminate or suspend any or all portions or features of the Interface of the NiftyApes Website at any time and for any reason or for no reason with no liability to you. This license does not give you any ownership rights in the NiftyApes Materials.

Privacy.
When you use the Interface, we may collect from you directly your digital asset wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens that you use to interact with the NiftyApes Protocol. We may also keep records of your acceptance of these Terms, which may involve collecting and storing the time and date that you indicated your acceptance to these Terms and your IP address. Additionally, when you use the NiftyApes Website, we may collect information about you automatically through cookies and similar technologies. Please refer to our Privacy Policy, available at https://www.niftyapes.money/privacy-policy/, for information on how we collect and use your information.

We may use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Interface. For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Interface. Additionally, we may disclose information to cooperate with law enforcement or in response to a court order or government investigation. We do not retain the information we collect any longer than necessary for these purposes.

When you use the Interface, you are interacting with the Ethereum blockchain, which records your transactions on a publicly accessible blockchain. NiftyApes does not control and is not responsible for any information you make public on the Ethereum blockchain by using the Interface.

Prohibited Conduct and Content.
You agree not to engage in any of the following conduct (each a “Prohibited Activity”) with respect to the Interface or any Services:

Intellectual Property Infringement. Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.

Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.

Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.

Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.

Securities and Derivatives Violations. Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.

Any Other Unlawful Conduct. Activity that violates any applicable law, contract, or third party right under the law of the United States or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by U.S. law.

If you engage in any of the Prohibited Activities, we may, at our sole and absolute discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend or terminate your access to the Interface or any Services.

Termination.

We may, at any time and at our sole discretion, suspend, terminate, deactivate, and delete your access to or any part of the Interface, the NiftyApes Website, or any Services with or without notice to you and for any reason or for no reason at all, including without limitation if: (i) you breach any provision of these Terms; (ii) you infringe any intellectual property rights; or (iii) you engage in any Prohibited Activity.

The following Sections of these Terms will survive termination of this agreement or discontinuation of your access to any part of the Services: Section 8 (General Disclaimers and No Warranties), Section 9 (Interface Disclaimer), Section 10 (Protocol Disclaimer), Section 11 (Assumption of Risk), Section 12 (Indemnification), Section 13 (Limitation of Liability), Section 14 (Release), Section 17 (Dispute Resolution and Binding Arbitration), Section 18 (Governing Law and Venue), and Section 20 (Feedback).

No Fiduciary Duties.

These Terms are not intended to, and do not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.

Non-Solicitation and No Professional Advice.

You agree and understand that transactions you submit through the Interface are considered unsolicited, which means that you have not received any investment advice from us in connection with any transactions, including transactions you place via our Auto Router API, and that we do not conduct a suitability review of any transactions you submit.

All information provided by the Interface and the NiftyApes Website is for informational purposes only and should not be construed as investment, legal, financial, or tax advice. You should not take, or refrain from taking, any action based on any information contained in the Interface or the NiftyApes Website. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.

We are not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf nor do we collect or earn fees from your transactions on the Protocol. We also do not facilitate the execution or settlement of your transactions, which occur entirely on the public distributed Ethereum blockchain.

General Disclaimers and No Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE INTERFACE, THE PROTOCOL, AND SERVICES IS AT YOUR SOLE RISK, AND THAT ACCESS TO THE INTERFACE, THE PROTOCOL, AND SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING ANY PART OF THE INTERFACE, THE PROTOCOL, OR THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE INTERFACE, THE PROTOCOL, OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR SECURE; THAT THE INFORMATION CONTAINED IN THE INTERFACE OR THE NIFTYAPES WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT THE INTERFACE, THE PROTOCOL, OR SERVICES WILL BE FREE FROM ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL ELEMENTS.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND YOU AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (i) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE PLATFORM, BLOCKCHAIN NETWORK, OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET.

WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF ANY BLOCKCHAIN NETWORK OR ANY DIGITAL ASSET WALLET OR OTHER ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE BLOCKCHAIN NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING LOSSES AS A RESULT.

Interface Disclaimer.

NiftyApes provides the Interface for submitting and accepting loan offers on the NiftyApes Protocol. Additionally, NiftyApes provides data from other lending providers on the Interface. NiftyApes does not actively monitor any loan offer, the lifecycle of a loan, or any other content that is uploaded by users on the Interface. It remains each user’s sole responsibility to regularly monitor the status of the loans to which that User participates in.

Protocol Disclaimer.

The NiftyApes Protocol is a peer-to-peer protocol that people can use to offer and borrow liquidity (ERC-20 and native Ether tokens) using their NFTs (ERC-721 tokens) as collateral. There is one version of the NiftyApes Protocol (v1), which consists of a set of smart contracts that are deployed on the Ethereum Blockchain. Your use of the NiftyApes Protocol involves various risks, including, but not limited to, losses while digital assets are being supplied to the NiftyApes Protocol and losses due to loan defaults. Before using the NiftyApes Protocol, you should review the relevant Protocol documentation, including documentation available at https://docs.niftyapes.money/, to ensure you understand how the NiftyApes Protocol works. Additionally, the NiftyApes Protocol can be accessed through a number of different interfaces, including the Interface provided by NiftyApes. You are responsible for doing your own diligence on the interfaces to the Protocol and weighing the fees and risks presented by each.

Assumption of Risk.

By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). In particular, you understand that blockchain-based transactions are irreversible.

You further understand that the markets for digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Interface, you may suffer loss due to the fluctuation of prices of tokens and experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens.

You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Protocol.

Indemnification.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless NiftyApes and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “NiftyApes Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Interface or any Services; (b) your violation of these Terms; (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your conduct in connection with the Interface or any Services. You agree to promptly notify NiftyApes Parties of any third-party Claims, cooperate with NiftyApes Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that NiftyApes Parties will have control of the defense or settlement, at NiftyApes’ sole option, of any third-party Claims.

Limitation of Liability.

To the fullest extent permitted by applicable law, NiftyApes and the other NiftyApes Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if NiftyApes or the other NiftyApes Parties have been advised of the possibility of such damages.

The total liability of NiftyApes and the other NiftyApes Parties for any claim arising out of or relating to these Terms, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use the Interface or any Services.

The limitations set forth in this Section 13 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of NiftyApes or the other NiftyApes Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release.

To the fullest extent permitted by applicable law, you release NiftyApes and the other NiftyApes Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her would have materially affected his or her settlement with the debtor or released party.”

Changes to these Terms.

We may update, amend, alter, or modify these Terms in the future. You agree that NiftyApes may make changes to these Terms at any time and for any reason at its sole discretion. If we make material changes to these Terms, we will post those changes on this page. Your continued access or use of the Interface and any Services after notice of changes to these Terms will mean that you accept any and all of such changes. If you do not agree to the amended Terms, you must stop using the Interface and any Services.

Changes to the Services.

We may update, amend, alter, change, or stop any part of the Interface or the Services, from time to time, without prior notice to you.

We do not have any maintenance, update, or support obligations with respect to the Interface or Services. You agree that our updates to the Interface or the Services may change the requirements necessary to use the Interface or the Services, and you agree that in such an event you are responsible for any necessary actions, including but not limited to updating software or hardware to access and use the Interface or the Services.

We are not responsible for any loss or harm related to your inability to access or use the Interface or the Services.

Dispute Resolution and Binding Arbitration.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with NiftyApes and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You agree that any dispute arising out of or related to these Terms, the Interface, or any Services is personal to you and NiftyApes and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for disputes in which you or NiftyApes seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and NiftyApes waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against NiftyApes, you agree to first contact NiftyApes and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to NiftyApes by email at legal@NiftyApes.money. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and NiftyApes cannot reach an agreement to resolve the Dispute within sixty (60) days after such Notice is received, then either party may submit the Dispute to confidential, binding arbitration. The arbitration shall be conducted by a single arbitrator pursuant to JAMS Optional Expedited Arbitration Procedures. You and NiftyApes agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms, and the JAMS Procedures and rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator shall be selected pursuant to JAMS rules, and the arbitration will be held in Boulder, Colorado, unless you and we both agree to hold it elsewhere. The arbitrator, NiftyApes, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and NiftyApes agree that for any arbitration you initiate, you will pay the filing fee up to a maximum of $250, and NiftyApes will pay the remaining fees and costs. For any arbitration initiated by NiftyApes, NiftyApes will pay all fees and costs. You and NiftyApes agree that the state or federal courts of Colorado shall have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and NiftyApes will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by contacting NiftyApes at legal@NiftyApes.money. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18.

If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.

Governing Law and Venue.

You agree that the laws of the State of Colorado, without regard to principles of conflict of laws, govern these Terms and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in the State of Colorado, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside the State of Colorado. You agree that the state courts of Boulder County, Colorado and the federal courts of the District of Colorado are the proper forum for any appeals of an arbitration award or for court proceedings in the event that these Terms’ binding arbitration clause is found to be unenforceable.

Severability.

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Feedback.

You may voluntarily post, submit or otherwise communicate to us, including through third party channels (e.g., Discord), any questions, comments, suggestions, ideas, original or creative materials or other information about the Interface or the Services (collectively, “Feedback”). By posting or submitting any Feedback to us, you hereby irrevocably grant to NiftyApes a worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Feedback (in whole or in part) in any media, and to incorporate the Feedback into other works in any format or medium now known or later developed. You understand that NiftyApes may treat Feedback as non-confidential.

Third-Party Resources and Promotions.

The Interface and the NiftyApes Website may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface and the NiftyApes Website. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that these Terms does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.

Miscellaneous.

The failure of NiftyApes to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Privacy Policy

Last updated: [October 19, 2022]

This Privacy Policy explains how information about you is collected, used, and disclosed by NiftyApes, Inc. (“NiftyApes,” “we,” “our,” “ours,” and “us”). This Privacy Policy applies to information we collect when you use the Interface (as defined in our Terms of Service), the website operated by us and located at https://app.niftyapes.money (the “NiftyApes Website”), and all associated websites linked to https://app.niftyapes.money, or when you otherwise interact with the services or tools we provide.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification).

Collection of Information.

Information You Provide to Us. We collect information you provide directly to us. The types of information we may collect include your digital asset wallet address, completed transaction hashes, and the token names, symbols, or other blockchain identifiers of the tokens you use to interact with the NiftyApes Protocol (as defined in our Terms of Service). We may also keep records of your acceptance of our Terms of Service and Privacy Policy, which may involve collecting and storing the time and date that you indicated your acceptance to these Terms and your IP address.

Information We Collect Automatically When You Use the Services. When you access or use our Services, we may automatically collect information about you, including:

Log Information:  We may collect log information about your use of the NiftyApes Website, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to the NiftyApes Website.

Device Information: We may collect information about the computer or mobile device you use to access the NiftyApes Website, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

Information Collected by Cookies and Other Tracking Technologies. We may use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our services and your experience, see which areas and features of our services are popular and count visits.  Web beacons are electronic images that may be used in our services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.

Use of Information.

We may use information about you for various purposes, including to:

• Provide, maintain and improve our services;
• Send you technical notices, updates, security alerts and administrative messages;
• Respond to your comments, questions and requests;
• Communicate with you about products, services, offers and events offered by NiftyApes and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our services;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of NiftyApes and others;
• Personalize and improve the services and provide content or features that match user profiles or interests; and
• Carry out any other purpose described to you at the time the information was collected.

Sharing of Information.

We may share information about you as follows or as otherwise described in this Privacy Policy:

• With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
• If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of NiftyApes, or others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
• Between and among NiftyApes and our current and future parents, affiliates, subsidiaries and other companies under common control and ownership; and
• With your consent or at your direction.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

Advertising and Analytics Services Provided by Others.

We may allow others to provide analytics services and serve advertisements on our behalf across the Internet and in applications. These entities may use cookies, web beacons, device identifiers and other technologies to collect information about your use of the NiftyApes Website and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in apps, links clicked and conversion information. This information may be used by NiftyApes and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests in the NiftyApes Website and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Transfer of Information to the U.S.

NiftyApes is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Services (as defined in our Terms of Service) or otherwise providing information to us, you consent to the processing, transfer, and storage of information in and to the U.S.

Your Choices.

You may update, correct, or delete information about you at any time by emailing us at legal@NiftyApes.money, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

Cookies. Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with the NiftyApes Website. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of the NiftyApes Website.

Promotional Communications. You may opt out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at legal@NiftyApes.money.