Article 1 (Purpose)
This Agreement sets out the terms and conditions of use of the Service. All users who apply via the application form will use theService in accordance with these Terms including those relating to age and usage environment.
By agreeing to these Terms, the User enters into thisAgreement (as defined in Article 2) with the Company.
Article 2 (Definitions)
The following words used in the Terms are defined as follows:
- "Agreement": the contract between the Company and Users for the use of the Service based on the Terms.
- "Users": all individuals who have agreed to these Terms and are using the Joyfa service.
- "Creators": individuals who sell 3D sneakers as NFTs on the Joyfa platform.
Article 3 (Contents of the Service)
The Service includes the following features:
- Drops: The Service provides a platform called "Drops" where Creators can sell digital sneakers as NFTs.
- AR Functionality: The Service offers AR functionality, allowing NFT owners to virtually wear and showcase their digital sneakers.
- Image Generation: The Service generates images of digital fashion wear based on photos submitted by users.
- Additional features and functionalities may be added to the Service in the future, subject to the Company's discretion and as communicated to the Users.
Article 4 (Management of user information and communication equipment)
Users are responsible for providing, at their own expense, all the necessary equipment, means of communication, and transport to receive the Service. Users shall be responsible for all communication costs required to use the Service.
Users are responsible for the management of their user information and communication devices.
You must immediately notify us of any potential use of your User Information or communications equipment by any third party user or entity, and follow our instructions for such circumstances.
Article 5 (Conditions for the provision of the Service)
We reserve the right to suspend or modify the Service for maintenance or other purposes without the need for notice.
Article 6 (Intellectual Property Rights, etc.)
Regarding the 3D sneakers created by Creators, the Intellectual Property Rights shall belong to the Creators.
When a User posts content related to the Service (referred to as "User Content") on the platform, all copyrights, including those specified in Federal Law No. 7 of 2002 on Copyright and Related Rights, that may arise from the posted content, whether or not they are copyrighted, shall be granted freely and without compensation. The User may use all information and content provided on the Service (referred to as "Our Content") to the extent necessary for the use of the Service. However, the Intellectual Property Rights, including copyrights, patent rights, utility model rights, trademark rights, design rights, and any other intellectual property rights related to the Company's Content, as well as the right to obtain registration of these rights, belong to the Company or its licensed licensors and do not belong to the User.
Regardless of the existence of intellectual property rights, Users may not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or make any other secondary use of the Company Content beyond the scope of private use. In the event of a problem arising from a User's breach of the provisions of this Article, the User shall resolve the problem at their own expense and responsibility and take appropriate measures to ensure that the Company is not disadvantaged, burdened, or damaged in any way. Users shall not exercise any moral rights, including the right of publicity, the right to display their name, and the right to maintain their identity, with respect to the User Content against the Company, third parties who have legitimately acquired rights from the Company, or persons who have succeeded to rights from such third parties.
Article 7 (Prohibited Matters)
The Company prohibits any of the following acts when Users use the Service.
- Acts that violate Terms
- Acts that infringe or may infringe the intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights or other property or moral rights of the Company, its licensed licensors or other third parties.
- Acts that cause, or may cause, disadvantage or damage to the Company or third parties.
- Actions that unfairly damage or may damage the reputation, rights or trust of others
- Actions that violate laws or ordinances
- Actions that violate or may violate public order and morals or actions that may violate public order and morals
- Actions that are or may be offensive to public order and morals, or actions that provide other users or third parties with information that may be offensive to public order and morals.
- Criminal acts, actions that lead to or encourage criminal acts, or actions that may lead to criminal acts.
- Providing information that is contrary to the facts or that may be contrary to the facts.
- Unauthorized access to the Company's systems, falsification of program code associated with such access, falsification of location information, intentional falsehood, communication device specifications, or other applications. Cheating, distribution of computer viruses, or any other act that interferes or may interfere with the normal operation of this service.
- Use of macros and functions or tools that automate operations.
- Actions that damage or may damage the credibility of the Service.
- Actions that may adversely affect the physical and mental health of young people and their healthy development.
- Use of the Service by impersonating a third party through the use of another user's account or any other means.
- Fraud, illegal sale or purchase of savings accounts or mobile phones.
- Activities related to the proceeds of crime, terrorist financing, or suspected of such activities
- Other activities deemed inappropriate by the Company
In the event that the Company deems that a User's actions fall under any of the items in Paragraph 1, the Company may take any or all of the following actions without prior notice.
Article 8 (Cancellation)
The Company reserves the right to terminate this Agreement and suspend the use of the Service without any notice or judicial order to the User in the event that the User falls under any of the following
- In the event that the registration information contains false information
- In the event that the user has been expelled from the company in the past
- In the event that the user's heir has notified the company of the user's death or the Company has confirmed the fact of the user's death
- In the event that a minor uses the Service without the consent of a legal representative
- In the event that an adult ward, person under curatorship, or person under assistance uses this service without the consent of the adult guardian, person under curatorship, or person under assistance.
- In the event that the user does not respond in good faith to requests from the Company.
- In any other cases where the Company deems it inappropriate.
In addition to the cases listed in each item of the preceding paragraph, the Company may cancel this Agreement and cancel the membership by giving the User 30 days' notice in advance. In addition, if the User wishes to withdraw from the membership, the User may cancel this Agreement and withdraw from the membership at the end of the current month in accordance with the withdrawal procedures specified by the Company.
Article 9 (Non-guarantee and disclaimer)
Article 10 (Liability for Damages)
In the event that the User causes damage to the Company in connection with a breach of these Terms or use of the Service, the User shall indemnify the Company for any damage (including lost profits and legal fees) incurred by the Company. (including lost profits and legal fees).
Notwithstanding any other provision of these Terms, except for the following paragraphs, in the event that the Company causes damage to a User due to Company's responsibility, the Company shall be liable to compensate for such damage only to the extent set forth in the following items
- In case of intentional or gross negligence on the part of the Company: the full amount of such damages
- In the event of minor negligence on the part of the Company: the amount of damages shall be limited to the extent of the actual and direct damages (excluding special damages, lost profits, indirect damages, and attorney's fees) and up to United Arab Emirates Dirham Two Hundred and Fifty (AED250).
Notwithstanding the preceding paragraph, if the User is a legal entity or an individual using the Service as a business or for business purposes, the Company shall not be liable for any damages incurred by such User in connection with the Service, unless the Company is intentionally or grossly negligent. In the event that the Company is to compensate for damages, the maximum amount of compensation shall be the accumulated total of usage fees for the most recent one-year period from the date of occurrence of the damages.
Article 11 (Abolition of the Service)
The Company may discontinue the provision of the Service if the Company reasonably believes that the provision of the Service should be discontinued. In the case of the preceding paragraph, the Company shall not be liable for any loss or damage, except in cases of intent or gross negligence on the part of the Company.
Article 12 (Confidentiality)
The User and the Company shall strictly and properly manage the other party's confidential information (including know-how related to the Service, information related to the Company's systems, and any and all confidential technical or business information) obtained in connection with the provision of the Service, and shall not disclose, provide or leak such information to any third party (including the Company's affiliates and contractors) without the prior written consent of the other party.
The following types of information shall not be considered confidential
- Information which, at the time of disclosure, was already in the possession of the data subject
- Information which, at the time of disclosure, was already publicly known or which subsequently became publicly known for reasons not attributable to the data subject
- Information lawfully obtained from a third party after receiving the disclosure
- Information developed or created independently of the disclosed confidential information
- Information that is required to be disclosed by law or by court order
User and the Company shall, if instructed by the other party or in the event of termination of this Agreement, promptly return or dispose of the Confidential Information in accordance with the instructions of the other party, after restoring it to its original state, and shall not use it thereafter. If we disclose your confidential information to our affiliates or subcontractors with your consent, we will not be responsible for the handling of such confidential information by such affiliates or subcontractors.
We may use your confidential information for the purpose of providing you with the Services.
Article 13 (Exclusion of antisocial forces)
The Company represents and warrants that it does not fall under any of the following categories, and will not fall under any of the following categories in the future.
The Company represents and warrants that it does not fall under any of the following categories, and will not fall under any of the following categories in the future.
- Having a relationship in which it is recognized that a member of a crime syndicate, etc. controls the management
- Having a relationship in which it is recognized that a member of a crime syndicate, etc. is substantially involved in the management
- To have a relationship that is deemed to use organised crime etc. unjustly, such as for the purpose of gaining unjust enrichment for oneself, one's own company or a third party, or for the purpose of causing damage to a third party.
- To have a relationship with organised crime etc. in which it is deemed to be involved, such as providing funds, etc. or favors to organised crime etc.
- To have a socially reprehensible relationship with organised crime etc. as an officer or a person substantially involved in management.
The User and the Company undertake not to use themselves or any third party to commit any of the following acts
- Violent demands
- Unreasonable demands beyond legal responsibility
- Threatening words or actions in relation to transactions, or
- Spreading false rumours, using deception or force to damage the
- other party's credibility or obstruct the other party's businessOther acts equivalent to the preceding items
The User and the Company may cancel this Agreement without any notice to the other party, regardless of the existence or non-existence of reasons attributable to the User, if it is found that the other party is a member of a crime syndicate, etc., or falls under any of the items of paragraph 1, or commits any act falling under any of the items of the preceding paragraph, or to have made a false declaration in relation to the representations and warranties made under paragraph 1. The User and the Company confirm and accept that, in the event of termination of this Agreement in accordance with the preceding paragraph, the User and the Company shall not be liable to compensate the other party for any loss or damage incurred.
Article 14 (Response to enquiries)
We will endeavour to respond to your enquiries about the Service, but we are under no obligation to do so except where we are obliged or liable to do so under law or these Terms.
Article 15 (Transfer of position, etc.)
Neither the User nor the Company may assign, transfer, encumber, or otherwise dispose of all or any part of their positions under this Agreement or their rights or obligations under this Agreement to any third party without the prior written consent of the other party. However, this shall not apply in the event of a transfer of shares or business, or a merger, corporate split or other reorganization.
Article 16 (Handling of personal information)
We will only use the personal information we receive from you to provide the service, to inform you about the service, and to develop better services such as training data for ai models. We will not provide your personal information to any third party without your consent, unless we are required to do so by law or in order to provide the service. The Company shall have the right to transfer data, including personal information, outside the jurisdiction of the UAE. This clause shall survive termination of these Terms.
Article 17 (Severability)
If any part of the provisions of these Terms is held to be invalid under law, the other provisions of these Terms shall remain valid. If any part of the provisions of these Terms is invalid or revoked in relation to one user, these Terms shall remain valid in relation to the other users.
Article 18 (How to deal with violations)
Users should contact us if they discover any violation of these Terms. You may not challenge our action in response to any breach of these Terms.
Article 19 (Period of this contract's validity)
The term of validity of this Agreement shall be from the time of the formation of this Agreement until the User withdraws from the Membership. The provisions of Article 6, Article 8.3, Articles 9 to 11, Article 13.3 and 13.4, Article 15, Article 17, this Article and Articles 21 to 23 shall remain in force after the termination of this Agreement.
Article 20 (Amendments to these Terms)
We may amend these Terms at any time if any of the following applies:
- The modification of these Terms is compatible with the general interests of the user.
- The modification of these Terms is not contrary to the purpose for which the contract was made and the necessity of the modification, and the reasonableness of the modified content.
In the event that we make any changes to these Terms, we will specify when the changes will take effect, and we will notify users of the contents of the changes immediately, allowing for immediate implementation of the modified Terms. We will provide notice by posting a notice or by other means specified by the Company.
Notwithstanding the provisions of the preceding two paragraphs, in the event that a user uses the Service after being informed of the changes to this Agreement in the preceding paragraph or fails to follow the cancellation procedures within the period of time prescribed by the Company, such user shall be deemed to have agreed to the changes to this Agreement.
Article 21 (Governing Law)
These Terms are governed entirely by the laws of United Arab Emirates, as applicable in the Emirates of Dubai.
Article 22 (Agreed Jurisdiction)
The Dubai Courts (mainland) shall have exclusive jurisdiction to adjudicate any dispute arising out of or in connection with these Terms.
Article 23 (Others)
In the event that the Company stipulates details of any matter not covered by these Terms, the User shall comply with such details. In such a case, such detailed regulations shall become an integral part of these Terms. The details will take effect from the time they are published in our designated section. In the event of any inconsistency between these Terms and the details, these Terms will take precedence.
4 June 2023: enacted and in force
IFZA Dubai, Building A2, Unit Number 101, Dubai,United Arab Emirates
Please contact us at firstname.lastname@example.org.
The price will be displayed on the purchase screen. Any payment shall be exclusive of any tax that may be applicable from time to time including, without limitation, value added tax.
Costs required in addition to the goods price
Internet connection and communication charges required to browse the pages of this website, purchase goods, download software, etc. The customer is responsible for the gas fee (handling fee) for changing to the Ethereum network.
Payment time and method
Payment can be simultaneously made by ETH or MATIC upon purchase. The gas fee or other similar fees for using Ethereum or Polygon network can be paid by ETH or MATIC only.
Product delivery time
We will provide the product as soon as possible after the purchase is completed.
Returns and cancellations
Due to the nature of the products, no returns, exchanges or cancellations are permitted after purchase.