Terms of Service

Last Updated: February 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Orbis NFT Marketplace website, interface, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

The Platform provides a peer-to-peer digital asset marketplace that enables users to list, buy, and sell blockchain-based digital assets using smart contracts deployed on the Solana blockchain.

2. Nature of the Platform (Asset Custody)

The Platform uses smart contracts to facilitate marketplace transactions. The custody model depends on the type of digital asset being listed:

• MPL Core assets (non-custodial): When listed, these assets remain in the seller's wallet. A freeze delegate is applied via the on-chain program to prevent transfer while listed. The asset is returned to full seller control upon delisting or transferred to the buyer upon sale.
• Legacy token-metadata (pNFT) and compressed (cNFT) assets (custodial escrow): When listed, these assets are transferred to a program-controlled escrow account (PDA). The asset is returned to the seller upon delisting or transferred to the buyer upon sale. No individual or team member has direct access to escrowed assets — custody is governed entirely by the smart contract.

In all cases:

• Users connect self-custodial wallets.
• The Platform does not hold private keys.
• The Platform cannot access or control user wallets.
• The Platform cannot reverse blockchain transactions.

Smart contracts governing marketplace transactions are deployed on the Solana blockchain and operate autonomously.

You acknowledge that all transactions are executed directly on the blockchain and are irreversible.

3. Eligibility

By using the Platform, you represent and warrant that:

• You are at least 18 years old.
• You have the legal capacity to enter into these Terms.
• You are not located in, under the control of, or a resident of any sanctioned jurisdiction.
• You are not on any sanctions list or prohibited persons list.

The Platform may restrict access in certain jurisdictions at its sole discretion.

4. User Wallets

To use the Platform, you must connect a compatible third-party wallet.

You are solely responsible for:

• Maintaining control of your private keys.
• The security of your wallet.
• Any transactions initiated from your wallet.

The Platform cannot recover lost private keys or restore access to digital assets.

5. Marketplace Functionality

The Platform allows users to:

• List digital assets for sale.
• Purchase listed digital assets.
• Delist assets prior to sale.

Listings and sales are governed entirely by smart contracts deployed on the blockchain.

The Platform does not guarantee:

• That listings will be visible.
• That assets will sell.
• Continuous availability of the interface.

6. Fees

The Platform may charge transaction fees for marketplace activity.

All applicable fees will be displayed before transaction confirmation.

Fees are non-refundable once a blockchain transaction is executed.

7. No Investment Advice

The Platform does not provide:

• Investment advice
• Financial advice
• Tax advice
• Legal advice

Digital assets are volatile and speculative. You acknowledge that you assume all financial risk when using the Platform.

Nothing on the Platform constitutes a solicitation or recommendation to buy or sell digital assets.

8. Risks

By using the Platform, you acknowledge and accept the risks of:

• Smart contract vulnerabilities
• Blockchain network failures
• Exploits or hacks
• Irreversible transactions
• Market volatility
• Regulatory changes
• Loss of digital assets

Smart contracts are immutable and cannot be modified. Any defects or vulnerabilities may result in permanent loss of assets.

You use the Platform entirely at your own risk.

9. Intellectual Property

Users are solely responsible for the content and legality of digital assets they list.

By listing an asset, you represent and warrant that:

• You own or have the necessary rights to the asset.
• The asset does not infringe any intellectual property rights.

The Platform reserves the right to remove listings that violate these Terms.

10. Prohibited Activities

You agree not to:

• Use the Platform for unlawful purposes.
• Engage in market manipulation.
• List stolen or infringing assets.
• Attempt to exploit smart contracts.
• Circumvent Platform safeguards.
• Use the Platform in violation of applicable laws.

11. Disclaimer of Warranties

The Platform is provided "as is" and "as available."

To the fullest extent permitted by law, the Platform disclaims all warranties, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Continuous availability
• Error-free operation

The Platform does not guarantee that smart contracts are free from defects.

12. Limitation of Liability

To the maximum extent permitted by law:

The Platform and its operators shall not be liable for:

• Loss of digital assets
• Loss of profits
• Indirect or consequential damages
• Smart contract vulnerabilities
• Blockchain failures
• Third-party wallet failures

Total liability shall not exceed the fees paid by you to the Platform in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless the Platform and its operators from any claims arising from:

• Your use of the Platform
• Violation of these Terms
• Infringement of third-party rights

14. Modifications

The Platform may update these Terms at any time. Continued use constitutes acceptance of updated Terms.

15. Governing Law

These Terms are governed by the laws of the United Arab Emirates, without regard to conflict of law principles.

Any disputes shall be resolved in the courts of Dubai, UAE, unless otherwise required by applicable law.

16. Contact

For questions regarding these Terms, please reach out via our official Discord or social channels.