§ 1. General
- The Administrator of the HeyEdu.com website is Heyedu spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (03-131) at Józefa Mehoffera 29, lok. U2, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIVth Commercial Division of the National Court Register under KRS number: 0000940780, NIP: 5242930811, REGON: 520786340, with a share capital of PLN 25,000, e-mail for correspondence: firstname.lastname@example.org.
- The content of the Terms and Conditions can be found at: https://heyedu.com/terms-and-conditions-nft. At the request of a person concerned, the content hereof will be made available to that person to the e-mail address indicated by her/him, in a way that allows obtaining, displaying and fixating of the content of the Terms and Conditions.
- The use of additional benefits by members of the HeyEdu Founders community may be regulated by separate terms and conditions, that Administrator will inform Users about via Discord server of the HeyEdu Founders community.
§ 2. Definitions
- Blockchain – open and decentralized database enabling the launch of Smart Contracts in which records are created using cryptography and arranged in the blockchain in such way that every record made in this database is fixed irreversibly and immutably.
- ETH (abbreviation for Ether) – native virtual currency of the Ethereum network.
- HeyEdu.com – website at: https://heyedu.com/.
- Heyedu Client – a person having access to services provided by the Administrator who had submitted her/his Wallet address to the whitelist created by Administrator and received an e-mail with confirmation of whitelist entry.
- Collection – a limited number of Digital Files intended for Mint HeyEdu Founders NFT created by the Administrator.
- Consumer – an adult natural person with full legal capacity, using the services covered by Terms and Conditions to the extent not directly related to its business or professional activity, or an adult natural person with full legal capacity, using the services covered by Terms and Conditions in scope directly related to its business activity, when due to the content of the agreement it does not have a professional nature for User, according to the subject of User’s business activity as made available in CEIDG (Central Register and Information on Business Activity).
- Mint – an activity consisting in generating and saving in the Blockchain a unique code (token ID) connected to an individually marked digital file, which is equivalent to creation of NFT.
- NFT (Eng. Non-Fungible Token) – a unique, digital, cryptographically stored in the Blockchain, certificate of the right of exclusive ownership of a digital file associated with NFT.
- HeyEdu Founders NFT– a limited number of NFT created as a result of Mint from the Digital File Collection provided by the Administrator as an access condition to the HeyEdu Founders community. HeyEdu Founders NFT were created in the ERC721 standard and can be traded using a Smart Contract on the Ethereum network in exchange for ETH.
- Digital File – each graphic included in the Collection saved in the PNG format, which as a result of Mint is associated with HeyEdu Founders NFT token through respective metadata record.
- Wallet – cryptographic hardware or software compatible with Blockchain, that allows its owner to store NFT and participate in Transactions.
- Related Platforms – following sales platforms enabling carrying out NFT Transactions: https://opensea.io/ and https://looksrare.org/ that Administrator has concluded respective agreements with.
- Original User – User entitled to Mint HeyEdu Founders NFT.
- User – each owner of at least one HeyEdu Founders NFT token who has accepted the Terms and Conditions. Meeting the requirements set out in the preceding sentence is equivalent to obtaining membership in HeyEdu Founders community.
- Terms and Conditions – present Terms and Conditions.
- Smart Contract – a computer program created in the Solidity programming language and stored in Blockchain, enabling Mint and trading NFT tokens.
- Transaction – any legal act made in the Ethereum network and recorded in the Blockchain based on a Smart Contract, resulting in the transfer of ownership of HeyEdu Founders NFT to the buyer in exchange for ETH.
§ 3. Provision of services by electronic means
- The Administrator is also a service provider of services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Dz.U. [Journal of Laws] of 2002, No. 144, item 1204, as amended, hereinafter: „Act on the provision of electronic services”).
- The Terms and Conditions constitute at the same time the terms and conditions of the provision of electronic services within the meaning of Article 8 of the Act on the provision of electronic services. The Administrator provides services electronically in accordance with the Terms and Conditions.
- For cooperation with the ICT system used by the Administrator and in order to use the HeyEdu.com and exercise the rights resulting from membership in the HeyEdu Founders community, the User must have equipment and a system that meets following minimal technical requirements:
- having an active e-mail account,
- having a Wallet (MetaMask recommended),
- having an account in the Discord application,
- cookies enabled in the browser,
- Internet access.
- The User undertakes not to take actions that could threaten the proper functioning of the HeyEdu.com or the provision of services specified herein. In particular, it is forbidden to use viruses, bots, worms or other computer codes, files or programs (in particular, automating the processes of scripts and applications or other codes, files or tools).
- The Administrator reserves that the use of the services specified in the Terms and Conditions may involve a standard risk related to the use of the Internet and recommends Users to take appropriate steps to minimize them. The administrator ensures the operation of the ICT system, which enables the use of services provided electronically, in a way that prevents unauthorized persons from accessing the content of the message constituting these services, in particular using cryptographic techniques appropriate to the properties of the services provided. In the event of planned interruptions, modernization or in other similar cases, the Administrator has the right to notify the User about them through the e-mail address provided to him or generally at the HeyEdu.com.
- The commencement of use of the services by the User covered by present Terms and Conditions is equivalent to concluding an agreement for provision of electronic services.
- User’s consent to use services covered by the Terms and Conditions may be withdrawn at any time. Termination of the agreement for the provision of electronic services is made by ceasing to use aforementioned services.
- Administrator informs that the Consumer is not entitled to withdraw from the agreement in cases specified in Article 38 Clause 1 of the Act of 30 May 2014 on consumer rights (Dz. U. [Journal of Laws] of 2014, item 827), including in relation to agreements on provision of digital content which is not recorded on a tangible medium, if provision of the digital content began with the express consent of the Consumer before lapse of the term to withdraw from the agreement and after informing the Consumer by the entrepreneur about the loss of right to withdraw from the agreement.
- User who is a Consumer hereby acknowledges that enabling Mint of HeyEdu Founders NFT or granting access to Discord server of HeyEdu Founders community constitutes performance of Administrator’s provisions due to agreement for provision of electronic services mentioned in Clause 8 above. User who is a Consumer is aware and hereby consents that at the moment defined in preceding sentence he will lose right to withdraw from the agreement.
- The provisions of § 8 hereof shall apply accordingly to the complaints in scope of services provided electronically, with the term for making a complaint beginning with the moment of occurrence of the event justifying making the complaint.
- In matters not covered by Terms and Conditions, in the scope of providing services by electronic means, generally applicable provisions of law shall apply, in particular the Act on the provision of electronic services.
§ 4. HeyEdu Founders Community
- Membership in the HeyEdu Founders community allows you to:
- access to the closed server of the HeyEdu Founders community in the Discord application,
- using the benefits offered by the Administrator, on the terms set out in separate terms and conditions.
- Membership in the HeyEdu Founders community is limited to a maximum of 500 (five hundred) Users. The Administrator is entitled to increase the amount of community members at any time, at his own discretion, by changing the content of the Terms and Conditions.
- Only Users have the possibility of exercising the rights specified in Clause 1 above.
- Granting the User access to the Discord server of the HeyEdu Founders community takes place automatically after connecting the Wallet in which the HeyEdu Founders NFT is saved.
- The Administrator is entitled to monitor and moderate materials and content transmitted, stored or shared by Users at the Discord server of the HeyEdu Founders community.
§ 5. Minting HeyEdu Founders NFT
- The right to Original User membership in the HeyEdu Founders community is granted to Heyedu Clients.
- Mint of HeyEdu Founders NFT will start on April 4th, 2022 at 17:00 h. Heyedu Client can Mint HeyEdu Founders NFT until May 6th, 2022.
- In order to Mint HeyEdu Founders NFT Heyedu Client must have an amount of ETH in his Wallet sufficient to cover the gas fee necessary for the Mint HeyEdu Founders NFT in the Ethereum network. The gas fee is paid in full to the Ethereum network at the rate current on the date of Mint. The Administrator has no influence on and is not responsible for the amount of the gas fee due to the Ethereum network, as well as does not charge Heyedu Client with any other fees on account of Minting HeyEdu Founders NFT.
- The condition for Heyedu Client to join the HeyEdu Founders community is accepting present Terms and Conditions and Mint 1 (one) HeyEdu Founders NFT, which is saved in the Heyedu Client’s Wallet.
- The Heyedu Client obtains membership in the HeyEdu Founders community at the moment when HeyEdu Founders NFT is saved in Heyedu Client’s Wallet.
- If by 23:59 of May 6th, 2022, HeyEdu Founders NFT has not been saved in the Heyedu Client’s Wallet, the right to Mint HeyEdu Founders NFT expires.
- Ineffective lapse of the term for Mint of Heyedu Founders NFT by Heyedu Client is equivalent to his resignation from receipt of Heyedu Founders NFT. At the moment indicated in Clause 6 above a Heyedu Client who has not Minted HeyEdu Founders NFT loses his access to HeyEdu Founders Discord server and may become a User by acquiring HeyEdu Founders NFT through a Transaction.
§ 6. Terms of sale of HeyEdu Founders NFT
- Subject to the conditions set out in this paragraph, the User may sell HeyEdu Founders NFT at any time, to any person of his choice and at any price. The Transaction takes place with use of a Smart Contract in the Ethereum network in exchange for ETH.
- A User who has sold HeyEdu Founders NFT loses membership in the HeyEdu Founders community and the related rights referred to in § 4 Clause 1 hereof at the moment when HeyEdu Founders NFT is saved in the buyer’s Wallet.
- In order to make a Transaction, the User may use the Related Platform, as well as other available platforms enabling the sale of NFT in the Ethereum network.
- The Transaction is carried out in full in accordance with the rules set out in terms of sales for the platform selected by the User.
- Subject to the provisions of Clauses 7 and 8 below, the Administrator is not a party to the Transaction, has no influence on its execution or its conditions and is not responsible for any consequences thereof.
- The Administrator respects the transfer of ownership of HeyEdu Founders NFT to another person resulting from the Transaction. The Administrator allows each owner of HeyEdu Founders NFT to join the HeyEdu Founders community under the conditions specified herein.
- Based on the respective agreement concluded by the Administrator with the Related Platform, for each HeyEdu Founders NFT Transaction executed through the Related Platform, the Administrator will receive a commission of up to 10% of the Transaction price. The current amount of commission is verifiable through the Related Platform. The commission due to the Administrator is collected and transferred to the Administrator’s Wallet automatically upon completion of the Transaction through the Related Platform, which reduces the amount of ETH received by the seller as the sale price of HeyEdu Founders NFT.
- Before completing the Transaction, User is obliged to inform the HeyEdu Founders NFT buyer about the Terms and Conditions and the requirement to accept them in order to join the HeyEdu Founders community.
§ 7. Copyright. Digital file license
- The Administrator is entitled to proprietary copyrights, including right to execute derivative rights along with the right to grant authorizations to execute derivative rights, to all Digital Files included in the Collection. Only the Administrator is entitled to grant all consents, permissions, authorizations, including licenses for the use of Digital Files.
- The acquisition of HeyEdu Founders NFT by the User, as a result of the Mint or Transaction, does not include the transfer to the User of proprietary copyrights, right to execute or grant authorizations to execute derivative rights, nor authorize him to exercise moral rights to the Digital File that is ascribed to given HeyEdu Founders NFT.
- The Administrator grants each owner of HeyEdu Founders NFT a non-exclusive, royalty-free license to use Digital File ascribed to respective HeyEdu Founders NFT, without any territorial restrictions, excluding commercial use, in the following fields of exploitation:
- in the scope of recording and reproduction of the Digital File – production of copies of the Digital File using a specific technique, including printing, reprographic, magnetic recording and digital technology;
- in the scope of trading in the original or copies on which the Digital File has been recorded – placing on the market, lending or renting the original or copies;
- in the scope of distributing the work in a manner other than specified in point b – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time chosen by them.
- License described herein is granted to the User for a time of ownership of HeyEdu Founders NFT by User.
- Upon each transfer of ownership of HeyEdu Founders NFT as a result of a Transaction, the license granted expires with respect to its seller and is granted to the benefit of the buyer.
§ 8. Complaints
- Complaints regarding the functioning of the HeyEdu.com, including technical irregularities regarding its operation, may be reported by post to the following address: Józefa Mehoffera 29, lok. U2, 03-131 Warsaw, with a note that the complaint concerns HeyEdu.com or by sending an e-mail to the following address: email@example.com.
- The complaint should contain the name, surname, current address of the User and a detailed description and indication of the circumstances constituting the basis for the complaint.
- The Administrator, after receipt of the complaint in accordance with Clauses 1 and 2 above, shall respond within 14 (fourteen) calendar days from the date of delivery of the complaint. The response to the complaint is given in writing by post or in a return e-mail.
- After exercising the complaint procedure, the User has the right to pursue unaccounted claims in a common court having territorial jurisdiction in accordance with the provisions of Code of Civil Procedure.
- The User has the option of using out-of-court complaint and redress procedures, including by submitting by the User, after the completion of the complaint procedure, an application to initiate mediation or an application for consideration of the case before an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court procedure after the complaint procedure is completed is free of charge. In the case of a User who is a Consumer, who wants to use an out-of-court method of redress, it is also possible to file a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
§ 9. Amendments of the terms and conditions. Services availability
- The Terms and Conditions enter into force as of April 4th, 2022.
- The Administrator reserves the right to change the Terms and Conditions in accordance with Clause 3 and following below.
- Amendments to the Terms and Conditions may concern, in particular, the broadening of the functionalities of HeyEdu.com, changes in scope of services provided by the Administrator or change of the HeyEdu.com address. The Administrator, when introducing a change to the Terms and Conditions, is obliged to inform about it through HeyEdu.com, subject that the changes will enter into force within a period of not less than 14 (fourteen) days from their announcement.
- Further use by the User of the services covered by the Terms and Conditions, after entering into force of the amendments, is equivalent to the User’s consent to the amended content of the Terms and Conditions.
- The Administrator strives to maintain the availability of HeyEdu.com and services covered by the Terms and Conditions without time limits. However, the Administrator reserves the right to temporarily suspend their availability for technical reasons, in particular to carry out development works or remove errors, as well as the right to close functioning of HeyEdu.com or terminate the provision of services covered by the Terms and Conditions, upon at least 14 days notification to Users, in the event of objectively justified basis, including in particular changes in the current legal status, change of business profile or termination of business activity by the Administrator.
§ 10. Information on risk. Liability of the administrator
- The scope of services provided by the Administrator is limited to enabling the Original Users Mint of the HeyEdu Founders NFT, providing the HeyEdu Founders community with a closed Discord server, retroactively moderated by the Administrator, respecting the transfer of the ownership of HeyEdu Founders NFT and verifying the Users’ rights and granting them access to the services covered by the Terms and Conditions.
- The Administrator is entitled to update, change or delete any content and other elements on the HeyEdu.com, at any time, without giving a reason.
- Any content made available by the Administrator to members of the HeyEdu Founders community is for informational purposes only. They do not constitute an offer, recommendation or invitation to invest in alternative markets. The Administrator does not mediate in NFT Transactions or provide advisory services.
- Membership in the HeyEdu Founders community is voluntary. The User may at any time terminate the use of services covered by the Terms and Conditions. However, the User is aware that in the event of an HeyEdu Founders NFT Transaction, the public key of the User’s Wallet is irreversibly and publicly displayed on the Ethereum network through a record in the Blockchain.
- Except for rights related to the ownership of HeyEdu Founders NFT as described in Terms and Conditions, the Administrator does not guarantee the User any other results. The User decides for himself how to use HeyEdu Founders NFT, including making Transactions.
- When trading HeyEdu Founders NFT, the User is solely responsible on that account and is aware of the risk of an unpredictable change or total loss of value of HeyEdu Founders NFT. The User is aware that Transactions in the Blockchain network are irreversible also in the event of their incorrect execution due to the fault of the User or for reasons beyond his control.
- The Ethereum Network and the sales portals operating it, including Related Portals, are not under any control or influence of the Administrator and he does not guarantee their proper functioning.
- The User is solely responsible for any possible public law receivables related to the Transaction, which may result from the provisions of generally applicable law. When making a Transaction, the User is obliged to examine whether the planned Transaction is not qualified as a banking activity, supervised or otherwise legally regulated.
- The User acknowledges that there are currently no legal regulations that would apply to Blockchain technology or tokens (including NFT) and that any new legal regulations or guidelines may significantly affect the possibility and scope of using HeyEdu.com and HeyEdu Founders NFT.
- The User is aware that the existence of the HeyEdu Founders community and the intent of its members to make Transactions may affect the value of HeyEdu Founders NFT. The Administrator does not guarantee the continued existence of the HeyEdu Founders community and is not responsible for the reduction or total loss of value of HeyEdu Founders NFT in case of termination of HeyEdu.com services or HeyEdu Founders Community.
§ 11. Final provisions
- In order to obtain information on the use of HeyEdu.com or services provided on the basis of the Terms and Conditions, please contact the Administrator through an e-mail address: firstname.lastname@example.org. Replies will be provided within 7 working days.
- Trade marks appearing in the context of the HeyEdu.com belong to their respective owners, are referred to for information purposes only and may not be exploited for any other purpose without obtaining prior written consent of the owner.
- In matters not covered by the Terms and Conditions, the provisions of Polish law shall apply, including the Civil Code and the Act on Copyright and Related Rights.