General Terms & Conditions
Last Revised April 16, 2025
1. Basic Provisions; Scope of Application
1.1 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 Collectibles, LLC, 5100 W. Kennedy Blvd, Suite 450, Tampa, FL, 33609 (hereinafter ”SegMint”).
The GTC includes the Disclosures of Risks Associated with NFT Collections Backed by Real-World Assets or Physical Collectibles (”Physical Collectibles Disclosure,” or ”PCD”) at the back of the GTC.
1.2 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”).
1.3 The SegMint Platform allows Users to register an account and buy or sell Non-Fungible Tokens (NFTs) through its general marketplace. In addition to NFT trading, the Platform may offer other Services from time to time, including gaming features (collectively referred to as the “Services”).
The SegMint Platform and its Services are designed to enable Users to engage with NFTs in a participatory and consumptive manner—whether through collecting, trading, or interacting with gaming features—and to foster communities around these experiences.
Certain Services, particularly those provided by third-party providers, may be subject to separate or additional terms of service, which Users must accept before accessing those specific services.
1.4 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.
2. Definitions
As used throughout these GTC, the following terms have the following meanings:
”API” means application programming interface, which is a contract defining how two applications will communicate with each other using requests and responses.
”Approval” means approving a Transaction to transfer Digital Assets from a User’s Wallet if certain conditions are met.
”Blockchain” means an immutable, decentralized, digital public ledger that permanently records Transactions.
”Digital Assets” means Blockchain-based digital assets, including but not limited to NFTs, SegMint Keys, as well as native tokens of the underlying Blockchain network of the respective NFTs used to pay purchase prices, Gas Fees, and any other fees.
”GTC” means these General Terms and Conditions.
”Gas Fees” means the fees to be paid for a certain transaction, including an Approval, pursuant to the Blockchain network governing an NFT. SegMint does not have any influence on the Gas Fees.
”NFT” means non-fungible token.
“PCD” means the Disclosures of Risks Associated with NFT Collections Backed by Real-World Assets or Physical Collectibles (”Physical Collectibles Disclosure”) at the back of the GTC.
“Physical Collectibles Disclosure” means the Disclosures of Risks Associated with NFT Collections Backed by Real-World Assets or Physical Collectibles at the back of the GTC.
”Private Key” means a private cryptographic key, the storage of which solely the User and not SegMint is responsible for, and which is used to access Digital Assets held in the User’s Wallet, as well as for the Approval of Transactions.
”SegMint” means SegMint Collectibles, LLC, 5100 W. Kennedy Blvd, Suite 450, Tampa, FL, 33609
”SegMint Account” means the account of a User on the SegMint Platform.
”SegMint Material” intellectual property rights in and to any product, content, or material including the SegMint Platform or SegMint Services or any results thereof reserved by SegMint.
”SegMint Platform” means the online platform to use the Services.
”Services” means the functions available via the SegMint Platform, including registering a User account, viewing certain information NFTs, selling and purchasing NFTs and using other services provided on the SegMint Platform from time to time.
“Tokenize” or “Tokenization” refers to the process of creating a digital representation—typically in the form of a Non-Fungible Token (NFT)—of an item that may be either digitally native or physically existing. In the case of physical items, the asset is typically vaulted or otherwise secured, and an NFT is issued to serve as its digital twin or proxy on the blockchain.
”Transaction” means a process whereby certain data is sent to and documented on a respective Blockchain network.
”UI” means User interface, where Users of the SegMint Platform can see the relevant information and interact with the SegMint Platform to use the Services.
”User” means the person registering via the SegMint Platform to use the Services.
”User Agreement” means the agreement based on these GTC between SegMint and the User.
”User Content” means content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video that you post or otherwise make available through the Services.
”Wallet” means a software program that stores Private Keys, which are necessary for accessing Blockchain networks and transferring Digital Assets. SegMint neither stores nor has access to the Private Keys of a User Wallet.
”XP” means Experience Points that can be used for gaming features.
3. No Financial Service; No Investment Product; Risk Information
3.1 SegMint does not offer any regulated financial services under U.S. law. The SegMint Platform is not intended for the trading of securities, commodities, investment contracts, or any other financial instruments as defined under the Securities Act of 1933, the Securities Exchange Act of 1934, or the Commodity Exchange Act.
SegMint does not provide investment advice, make investment recommendations, or offer brokerage or custodial services. Users are solely responsible for determining the tax implications, if any, arising from their purchase, sale, or use of digital assets.
3.2 Users are also aware that they may not use the SegMint Platform to offer any means of exchange/payment or investment products.
3.3 Users are aware that any purchase price set for NFTs is not a reflection of any “market value” of the NFTs but individually determined by each seller in its own discretion. Users should not expect that NFTs will increase in value or that they will be able to find another purchaser for any NFTs they have purchased in the future.
3.4 Users must, at all times, refrain from providing any statements whereby NFTs are investment products or any other misleading statements on the purchase of NFTs.
3.5 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, 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.
3.6 All Transactions on Digital Assets, including NFTs, 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:
(a) any malfunction, vulnerability, unintended function or unexpected operation of the smart contracts or Blockchain network provided by third parties may cause the User's NFTs to malfunction or operate unexpectedly or in an unintended way;
(b) the Blockchain network may be subject to weaknesses in the underlying protocol or consensus mechanism, that might lead to exploitations of the network;
(c) the blockchain network may be subject to slow transaction processing times and high Gas Fees, which could hinder the efficiency and usability of the SegMint Platform, especially during periods of high demand;
(d) loss or theft of the means of access, in particular the Private Key to the User’s Wallet, including in case of a User’s death, or misuse of the Wallet, may result in the loss of access to the User’s NFTs and any function(s) related thereto;
(e) bugs or vulnerabilities in the NFTs, associated smart contracts or in their operation may result in the loss of access to the User’s NFTs and any function(s) related thereto.
3.7 Any of the above may result in the 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.
3.8 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 NFT(s) that have been transferred to other Users’ Wallets.
3.9 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.
4. Registration and SegMint Account; Eligibility for SegMint Account
4.2 The User Agreement alone (that means without e.g. purchasing an NFT) does not impose any purchase obl¡gation and/or payment obligation on the User.
4.3 Registration is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity. 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).
4.4 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.
4.5 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.
4.6 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.
4.7 SegMint may implement identification or disclosure requirements—including, but not limited to, video-based identity verification—to comply with applicable laws and regulations. This includes compliance with U.S. anti-money laundering (AML) and know-your-customer (KYC) obligations under the Bank Secrecy Act and related federal or state regulations. These requirements may apply retroactively to Users who registered prior to the introduction of such measures.
4.8 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.
4.9 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.
4.10 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.
4.11 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
5. Fundamental SegMint Platform Functionality
5.1 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.
5.2 Via the SegMint Platform, List and purchase NFTs. This requires that Users connect their self-hosted Wallets with the SegMint Platform.
5.3 On the SegMint Platform, Users can view information related to NFTs they own as well as those owned by others. This includes details about the underlying blockchain network associated with each NFT, as well as transaction history data related to their NFTs.
5.4 SegMint does not hold, safekeep or have any access to any User’s Private Keys, NFTs, or any other type of Digital Assets. For any Transactions will be conducted through SegMint SegMint has no control over general NFT Transactions, nor the ability to reverse any Transactions at Blockchain-level.
5.5 When Users purchase or sell NFTs on the SegMint Platform, SegMint does not assume any intermediary or agent role. The NFTs on the one hand and purchase prices 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.
5.6 Further Utilities
NFTs traded on SegMint, may offer the following utilities:
Visual representation of NFT
The visual representation of the NFT. Users may view this visual representation for personal enjoyment.
Accrual of Experience Points (XP):
Trading activity 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; an NFT 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 accessible on SegMint, which may include consumptive utilities or specific rights regarding (digital) assets, actually provide any type of access or right.
5.7 Additional Utilities Provided by Users
Users may provide, at their discretion, additional utilities, e.g. certain perks, advantages, or functions to NFTs, which may be associated with the NFT. In any case, any additional utilities are subject to the limitations and conditions of eligibility of this User Agreement, including but not limited to Section 9 below. In particular, Users may not use the SegMint Platform to distribute any type of investment products or securities and may not in any way promise to other Users any type of membership rights or contractual claims involving rights associated with shares or debt instruments, ownership in real estate or commodities, payment or profit participation rights.
Also, Users do not have a right to claim any specific additional utilities, which are always only provided at the discretion of the respective NFT holder. In any case, SegMint is not responsible for any additional utilities provided or representations made by any User or any third party.
5.8 Update and Modification of Rights and Functionalities
SegMint reserves the right to update and modify the rights and functionality associated with SegMint Keys, and such 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 SegMint Keys to the detriment of the respective holder.
6. Selling NFTs
6.1 A User can sell their NFTs by selecting to “list” via the SegMint Platform against payment of Gas Fees as applicable to the underlying Blockchain network and set the price.
6.2 SegMint provides information on the eligibility of NFTs “listing” on the SegMint Platform on the Website. Rules for the eligibility may be subject to change. In particular, NFTs representing the following rights or functions are not eligible for sale and will not be approved by SegMint:
SegMint prohibits the listing, trading, or use of NFTs on its Platform that fall into any of the following categories:
Securities or Regulated Financial Instruments:
NFTs that may qualify as securities or other regulated financial instruments under U.S. law, including under the Securities Act of 1933, the Securities Exchange Act of 1934, or the Commodity Exchange Act. This includes NFTs considered to be investment contracts, swaps, or other types of financial products.
Payment Claims:
NFTs that represent a right to receive interest, dividends, repayment of capital, or other payment obligations.
Revenue Participation:
NFTs that entitle holders to participate in revenue, sales proceeds, or profits of any enterprise or project.
Equity or Debt Interests:
NFTs that convey ownership, options, or participations in companies or funds, or that represent interests in loans, bonds, or similar financial arrangements.
Commodities and Store-of-Value Assets:
NFTs that represent ownership or other rights to physical commodities used as a store of value or traded on financial markets, such as gold, silver, oil, or other valuable raw materials.
Real Estate Rights:
NFTs that represent ownership, fractional ownership, or any legal interest in real property (real estate).
Investment-Driven or Fractionalized Goods:
Fungible or interchangeable NFTs that serve a primarily investment-driven purpose, particularly where there is an expectation of profit due to issuer representations. This includes fractionalized or standardized representations of a single digital or physical asset, or NFTs that entitle holders to the delivery of high-value goods that are typically expected to appreciate in value.
Intellectual Property Licensing:
NFTs that represent title to or exclusive licenses for intellectual property rights—such as patents, trademarks, copyrights, or proprietary software—unless the license is strictly necessary for the functional operation of the NFT itself.
Unlawful or Offensive Content:
NFTs that contain, promote, or are linked to illegal content or activities, including but not limited to criminal conduct, pornography, hate speech, depictions of violence, or other illicit material.
6.3 The User must approve the “listing” by signing with their Private Key (associated with the Wallet where the NFTs are currently held), granting prior Approval to transfer the NFT to a purchaser against transfer of the respective purchase price.
6.4 Thereafter, the NFTs will be displayed as available for sale on the SegMint Platform at the conditions set by the User. The User can “de-list” NFTs that have not been purchased and transferred to other Wallets at any time against payment of Gas Fees as applicable to the underlying Blockchain network, whereupon the NFTs will no longer be displayed as available for sale.
6.5 Any SegMint user that has purchased NFTs via the SegMint Platform can also “list” the NFTs they hold via the SegMint Platform.
7. Purchasing SegMint Keys from other Users
7.1 Users can purchase NFTs in accordance with the applicable market terms. Users may also place bids for “listed” NFTs. Any purchase of NFTs 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 NFTs and in the amount of the respective purchase price plus any Gas Fees as applicable to the underlying Blockchain network, and plus any other applicable fees.
7.2 To settle an NFT purchase, the purchaser and seller must grant Approval. Then, in instantaneous Transactions (i) the respective NFT(s) 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 Gas Fees or other fees are transferred directly from the purchaser’s Wallet to respective other Wallets.
8. Incentive Events
8.1 SegMint will occasionally host marketing campaigns and promotional events to encourage new users to sign up and learn about various features and services offered by SegMint.
Examples include:
(a) Scavenger Hunts and Puzzles: From time to time, SegMint will host digital challenges where users can participate to win an NFT or other rewards. NFTs are available only to users from approved jurisdictions.
(b) Referral Activities: SegMint users can earn SegMint XP by referring new users. SegMint may also issue prizes or NFTs to the winners of periodic referral contests, where users who refer the most new users may be eligible for a prize.
8.2 Users understand and agree that receiving a NFT does not guarantee that the NFT holds any monetary value, nor does SegMint make any promise or representation that the NFT can be traded. There may not be a market or buyers for these NFTs.
Furthermore, certain NFTs may be associated with promotional or tokenized items that are redeemable for physical goods. While SegMint endeavors to securely store and make such items available for redemption, Users acknowledge and agree that SegMint shall not be held liable in the event the physical item becomes unavailable due to circumstances beyond SegMint’s reasonable control, including but not limited to loss, theft, damage, fire, natural disaster, or other unforeseen events. In such cases, SegMint shall have no obligation to compensate, replace, or otherwise fulfill the physical redemption, and Users expressly waive any claims or liabilities arising therefrom.
8.3 Users who win a reward agree to be solely responsible for reporting and paying any taxes associated with the prize. SegMint is not responsible for any tax obligations resulting from prize acceptance.
8.4 Users understand that it is recommended that they consult a tax professional to understand their tax obligations if they win a reward.
8.5 By accepting the prize, users who win a reward waive any claims against SegMint related to tax or legal consequences.
9. Conditions of Service Provision
9.1 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.
9.2 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.
9.3 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.
9.4 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.
10. Third-party Services
10.1 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.
10.2 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.
10.3 The PCD governs third-party services relating to physical collectibles.
11. Intellectual Property
11.1 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.
11.2 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.
11.3 Rights to SegMint created NFTs: Unless agreed otherwise, when purchasing a SegMint created NFT, 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. Pursuant to Sec. 8.2. SegMint does not warrant rights or title to any digital artwork associated with the NFT of the User that minted or vaulted that NFT.
Fees and Tax
12.2 Certain Transactions or SegMint Services, including but purchasing and selling NFTs, or making offers may require Gas Fees pursuant to the Blockchain network governing the respective NFT. SegMint does not charge the User with these Gas 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 Gas Fees may be displayed in the User’s Wallet, subject to the specific Wallet features which are not controlled or influenced by SegMint.
12.3 Any purchase of NFTs may trigger fees payable to the User that listed the NFTs. SegMint will display such fees either individually or included as part of a (total) price.
12.4 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.
12.5 All fees are to be paid in the form of Digital Assets as indicated on the SegMint Platform, depending on the underlying Blockchain network.
12.6 The User may not offset any claims against SegMint unless the User’s counterclaims are either (i) legally established by a final judgment or (ii) undisputed by SegMint. The User is permitted to offset claims if they relate directly to the same transaction and involve valid notices of defects or other counterclaims arising from that specific purchase.
13. Community Guidelines and Violations Thereof
13.2 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.
13.3 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.
14. Liability
14.1 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.
14.2 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.
14.3 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.
14.4 The limitation of liability also applies to the personal liability of the organs, legal representatives, employees and vicarious agents of SegMint.
14.5 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.
14.6 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.
15. Indemnity
15.1 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.
15.2 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.
16. Term and Termination
16.1 The contract term begins when the User creates a SegMint Account on the SegMint Platform.
16.2 The User can terminate the Agreement at any time by visiting SegMint’s website.
16.3 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.
16.4 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.
16.5 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.
17. Data Protection
18. Amendments of the General Terms and Conditions
18.1 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.
18.2 The current version of the GTC is published on and may be downloaded from SegMint’s website under ”https://www.segmint.io/terms”.
19. Final Provisions
19.1 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.
19.2 If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by an applicable statutory provision. If no such statutory provision exists, or if applying it would lead to an unreasonable result, the parties agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid one that most closely reflects the original intent and economic effect of the provision.
19.3 This User Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
If the User is a consumer residing outside the United States, any mandatory consumer protection laws applicable in the User’s country of residence shall remain unaffected to the extent they provide greater protection than U.S. law.
19.4 For Users acting in a business or commercial capacity, including legal entities or institutions under public law, the exclusive jurisdiction for all disputes arising from the contractual relationship shall be the state or federal courts located in New York, New York.
Disclosures of Risks Associated with NFT Collections Backed by Real-World Assets or Physical Collectibles
1. Differentiation of NFT Origins on SegMint
NFTs on SegMint are sourced in two primary ways:
User-Traded NFTs: These NFTs are brought to SegMint by other users for trading purposes. Some of these may be backed by physical collectibles.
SegMint-Generated or API-Sourced NFTs: NFTs curated through SegMint’s API integrations, which are backed by tokenized physical collectibles.
The following disclosures outline the risks and responsibilities associated with each category.
A. User-Traded NFTs
Ownership and Responsibility: If a user acquires a physical collectible-backed NFT through SegMint from another user, the responsibility for the NFT's redemption, authenticity, and issues rests with the original project or entity backing the NFT. SegMint plays no role in verifying or safeguarding the collectible tied to these user-traded NFTs.
Due Diligence Limitations:
SegMint performs basic metadata scrubbing and collection description checks to filter out obvious issues but cannot guarantee the underlying project’s viability or the authenticity of its team.
Users are strongly encouraged to perform their own due diligence on all relevant technical, legal and tax elements of a specific transaction before entering into it.
No Custody by SegMint: SegMint does not hold or monitor custody of physical collectibles associated with user-traded NFTs created away from the SegMint platform.. Redemption or claims related to these collectibles are strictly between the buyer and the original project or seller.
B. SegMint-Generated or API-Sourced NFTs
Collaboration and Custody Assurance:
When SegMint partners with third-party projects for tokenized collectibles, a due diligence process is undertaken. This includes:
Evaluating the credibility of the team.
Assessing custodial and redemption processes.
Analyse organizational and operational set-up.
The reliability of third-party tokenization vendors, custodians and other involved third parties cannot be guaranteed by SegMint.
Custodial Transparency:
SegMint collaborates only with custodians or vaulting services that agree to provide transparency regarding the general measures for safe custody and the status of collectibles. However, SegMint does not guarantee or take any liability for the correctness or completeness of information about any NFTs on its platform.
Risks of Custody and Business Cessation:
In the event of a third-party custodian ceasing operations, the physical collectibles may face delays in redemption or transfer, presenting risks of loss or logistical complexity.
2. Disclosures of Risks Related to Tokenized Physical Collectibles
Business Cessation Risks:
If a third-party custodian or SegMint partner ceases operations, fractional or whole ownership claims may face delays, complications, or potential loss of value.
SegMint’s role is limited to facilitating communication and assisting with reasonable measures, but it cannot guarantee successful resolution.
Custodial Failures:
SegMint is not responsible for the security, storage, or condition of collectibles in third-party custody.
3. Recommended Protection Measures for Buyers
Conduct Independent Research:
Users should thoroughly investigate the team, custodial processes, and redemption terms of any project whose NFT they wish to acquire.
For SegMint NFTs, users are encouraged to review all disclosures related to SegMint's partners.
In case of incertainty users should seek technical, legal and/or tax advise if they are not sure about the characteristics of a transaction, an NFT its underlying physical item.
Understand Legal Agreements:
Ensure clear understanding of ownership rights, redemption procedures, and terms of service before purchasing any collectible-backed NFTs.
The rights and rules associated with physical items and NFTs may vary and be subject to different jurisdictions and place of responsible courts. Therefore, you may not become owner of underlying physical items if you acquire their digital representation in the format of an NFT.
Prepare for Contingencies:
Buyers should anticipate potential delays or complications in redemption and have contingency plans to address issues with third-party custodians.
4. Distinction in Due Diligence Standards
Formal Collaborations with SegMint:
For projects formally collaborating with SegMint, a more advanced due diligence process is conducted. This includes legal agreements, background checks on the project team, and assessment of custodial capabilities.
This support by experts intends to achieve a more robust and secure environment for the management of digital assets. However, this does not change or enhance the liability or responsibility of SegMint according to the General Terms and Conditions of SegMint.
2. User-Traded or External Projects:
SegMint performs no or minimal checks on external projects traded by users on the platform. Users must, therefore, exercise their own discretion and due diligence much more carefully.
C. SegMint-Vaulted Promotional Collectibles
Purpose and Availability
SegMint may tokenize physical collectibles for marketing, promotional campaigns, or platform engagement. These items are physically stored by SegMint or at a third-party vaulting facility under SegMint’s direction.
These collectibles may be redeemable by holders of associated NFTs, subject to specific campaign or redemption terms. However, due to their promotional nature, such items may become unavailable, limited in supply, or otherwise irrecoverable.
Custodial Disclaimer and Limitations
SegMint does not operate as a professional custodial service or regulated vaulting facility. Collectibles stored directly by SegMint are not insured or secured to the same standards as institutional-grade vaults.
In the event of fire, theft, burglary, environmental damage, or other incidents beyond SegMint’s reasonable control, neither SegMint nor any affiliated vaulting provider shall be held liable for any loss, destruction, or damage to the physical items.
While SegMint will make reasonable efforts to retrieve or replace the physical collectible with an item of comparable value, there is no guarantee of successful recovery or replacement.
Buyer Awareness and Risk Assumption
By acquiring NFTs tied to promotional collectibles, users acknowledge and accept the risks associated with non-professional storage and the absence of custodial guarantees.
Users are advised to review the specific terms associated with any promotional or SegMint-tokenized collectible before transacting.
Additional Disclosures for Buyers
Potential Value Fluctuations: The value of physical collectibles can fluctuate based on market conditions, demand, and the reliability of custodians.
Legal Jurisdiction: Redemption and ownership claims may be subject to local legal and regulatory frameworks, which could impact enforceability.
Limited Control by SegMint: SegMint facilitates the transaction platform but does not oversee the underlying operations, storage, or handling of tokenized physical items.
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