Preamble
The Terms of Service apply to all who visit or utilise our website at
https://www.frontrose.global/
("Website", “Site”, “Platform”). Thus, before accessing or using our website or Services, please thoroughly review these Terms of Service. By accessing the Website or employing our Services, you legally consent to these Terms of Service and the Privacy Policy as they appear and are periodically updated on the Website. If you do not agree with our Terms of Service and Privacy Policy, we kindly ask that you refrain from using our Services.

Last Update: 26. June 2023

‍Table of contents
Preamble
Definitions
Your Data and Communication
Applicable Terms of Service
Agreement to these Terms
Registration and Restriction of Usage
Conduct Prohibitions
Services
Digital Collectibles
Ownership and License
Trademarks
Disclaimers
Indemnification
Limitation of LiabilityGoverning Law and JurisdictionDefinitions

‍“Frontrose”, “we”, “us”, “our”
– Frontrose Studios UG, Schaperstraße 10, 10719 Berlin, Germany, Amtsgericht Charlottenburg (Berlin) HRB251908 B, Managing Director Tobias Holz.

‍“Services”
- the offerings that Frontrose makes available to its Users and Brands.

‍“Account”
– provides access to the Platform and allows Users to engage with the platform's Services.

‍“Airdrop”
– is a process in which digital assets are distributed to a specific blockchain-based wallet.

‍“Benefits”
– Brands may offer other non-monetary benefits associated with the NFTs issued.

‍“Blockchain”
– is a decentralised, distributed digital ledger that records transactions in a secure, transparent, and tamper-proof manner, ensuring data integrity and verifiability.

‍“Brand”
– a company or fashion label that designs, produces, and sells clothing, accessories, or footwear.

‍“Digital Collectible”
– is a unique NFT or Digital Twin by a Brand and represents ownership.

‍“Digital Twin”
– is a digital representation of a real-world product as NFT, stored on a blockchain, ensuring its uniqueness, ownership, and provenance.

‍“Frontrose Card”
– is the NFT which gives access to the partnerships with Brands and Digital Collectibles.

‍“Mint”, “Minting”
– is the process of creating a new, unique non-fungible token on a blockchain.

‍“NFT”
– or Non-Fungible Token, is a type of unique digital asset stored on a blockchain, typically representing ownership or proof of authenticity for a singular, irreplaceable item or piece of content.

‍“Product”
– any retail product provided through the Website or any associated application.

‍“Users”, “you”
– all visitors accessing the Platform and registering thereupon.

‍“User Wallet”, “External Wallet”
– is a digital wallet that enables users to manage and transact digital assets securely on a blockchain network.

Your Data and Communication
In the process of engaging with our Services, there may be specific data that you elect to impart to Frontrose, or alternatively, certain data may be inherently gathered during your usage of our Services. By participating in these Services, you express your consent to accept a variety of communication forms from Frontrose, which may comprise emails, SMS or text messages, amongst others, all of which will be directed to the contact details you provide in association with the Services. It is your responsibility to ensure that any data you share with Frontrose in relation to the Services is both accurate and up-to-date.

You agree that our primary method of connecting with you will be through electronic means (e.g. such as providing information to your Account or emails sent directly to you). It's your responsibility to keep us informed with your up-to-date email, and any alterations should be promptly reported to us. Accept that any form of communication, including but not limited to notices, agreements, disclosures, sent to your registered email are deemed as officially received.

Applicable Terms of Service
Please note that Frontrose solely provides technical infrastructure to Users via which Brands may create and sell and Users may acquire or receive NFTs, and that Frontrose is not a party to any agreement concluded between any Brand and any User. Users bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that they purchase or receive from Brands using the Platform and account that they view or otherwise interact with in conjunction with the Platform and that Frontrose makes no claims about the identity, legitimacy, functionality, or authenticity of any User or of any NFT (and any content associated with such NFT) visible on the Platform.

Agreement to these Terms
You are accepting these terms by clicking on the “Confirm” button or by using the Platform and you agree to be bound by these Terms and all of the terms being incorporated herein by reference and you represent and warrant that you are at least 18 years old of age and have the right, authority and capacity to enter into these Terms, as the Platform is not intended for children under the age of 18. If you are 16 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms with your parent or guardian to make sure that both of you and your parent or guardian understand and agree to these terms. You agree to have your parent or guardian review and accept these terms on your behalf. If you are a parent or guardian agreeing to the terms for the benefit of a child over 16, then you agree to and accept full responsibility for that child’s use of the platform, including all financial charges and legal liability that the child may incur.

Registration and Restriction of Usage
To gain access to or to utilise the Services, you are required to:
(a) possess or establish an Account on the Platform and buy or claim a Frontrose Card;
(b) abide by all stipulations applicable to your Account
(c) ensure your Account is neither in a state of termination nor currently under suspension.

To access or use the Services, you must have or create an Account with one or more third-party providers who offer wallet hosting services and credit card payment processing. These services may necessitate that you have attained at least the age of 18 years. Please note that without access to an External Wallet or the capability to make credit card payments, your ability to access or use the Services may be hindered.

The Services are intended solely for personal, family, or household applications, and categorically exclude any form of commercial utilisation. It is forbidden to share, rent, lease, or otherwise permit any third party to access or use the Services or your Account on behalf of any third party.

You assert that you meet all eligibility prerequisites. We reserve the right, exercisable at our sole discretion, to deny you access to the Services, or to suspend or terminate your access to the Services, should you fail to satisfy any eligibility prerequisites.

Conduct Prohibitions
Access to or usage of the Services is contingent upon your eligibility as stipulated in the previous section. Furthermore, the Services must only be utilised for their intended purpose. Moreover, you are prohibited from engaging in the following activities in relation to the Services:

(a) Transgressing any applicable law, contract, intellectual property rights, or other third-party rights, or committing a tort;
(b) Misrepresenting your affiliation with a person or entity by impersonating or posting on their behalf;
(c) Posting content, linking to a website, or engaging in any activity that is illegal, misleading, malicious, harassing, inaccurate, discriminatory, objectionable, inappropriate or in violation of any applicable laws;
(d) Using data mining, robots, automated technology or similar data gathering or extraction methods to scrape or extract data from the Services without our prior written consent;
(e) Copying, reproducing, distributing, publicly performing, or publicly displaying all or portions of the Services without express permission from us;
(f) Engaging in conduct that is harassing, threatening, intimidating, predatory, or stalking in nature;
(g) Linking to any online portion of the Services in a way that, in our sole discretion, damages our reputation or implies any form of association, approval, or endorsement by Frontrose;
(h) Modifying the Services, removing proprietary rights notices or markings, or creating derivative works based on the Services;
(i) Selling or reselling any Services;
(j) Posting content containing software viruses or other harmful computer code, or circumventing or modifying any site software or security technology;
(k) Reverse engineering any aspect of the Services, unless such action is permitted by applicable law despite this prohibition;
(l) Using the Services to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activities;
(m) Attempting to use another User's account or information;
(n) Sending, distributing, or posting spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
(o) Using the Services for any illegal or unauthorised purpose, or engaging in, encouraging, or promoting any activity that contravenes these Terms.

Services
Frontrose provides its Users with the following offerings ("Services").

(a) Third-party transactions
Our platform is designed to facilitate transactions between you and third-party sellers (“Brands”). As such, we act as a storefront, providing a space for Brands to sell their retail products directly to you.
It's important to understand that while we endeavour to host reputable Brands, we are not party to the contracts formed between you and the Brands. Therefore, we can't control, and won't be liable for, the performance or quality of the Products sold by these Brands. This includes any legal responsibilities or warranties implied or stated by the Brands. It also means we can't handle returns or refunds – you'll need to liaise directly with the Brands for these.
In addition, while we always encourage our Brands to adhere to the highest standards, we can't guarantee the accuracy, quality, or legality of what's offered. We disclaim all liability for any errors or omissions in any content presented by the Brands.
We highly recommend that you review the Brands' individual terms and conditions before purchasing. Please understand that by entering into a transaction with a Brand, you are accepting their terms of service, not ours. Lastly, we want to make it clear that your interactions with the Brands are solely between you and such Brands. In case of any disputes, claims, questions, or complaints regarding the Products or services provided by a Brand, these should be directed to the respective Brand.

External entities’ services
The Services are reliant on or interoperate with third-party products and services. This includes, but is not limited to, External Wallets, external payment processors, data storage services, blockchains, communication technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively known as "External Entities' Materials"). The functioning of these External Entities' Materials, which are beyond our control, may impact or be impacted by the use and reliability of the Services. You acknowledge that the operation and availability of the Services are dependent on third-party product vendors and service providers, and these External Entities' Materials may not function reliably 100% of the time, which could impact how the Services function.
We may also provide information about or links to third-party products, services, activities, events, or we may allow third parties to share their content and information via the Services (collectively known as "External Entities' Content"). The provision of External Entities' Content is a service to those interested in such content. Your interactions or dealings with third parties and your use of or interaction with any External Entities' Content are solely between you and the third party.
Access to and use of such External Entities' Content or External Entities' Materials may be subject to additional terms, conditions, and policies applicable to such External Entities' Content (including the terms of service or privacy policies of the providers of such External Entities' Materials). It is your responsibility to secure and maintain any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services needed to access and use the Services.

(b) Supply of Technical Infrastructure / User Access to Platform
Via a remote network connection, Frontrose allows Users to access the Platform, as per these Terms of Service. Frontrose does not offer wallet services to Users. To gain access to the Platform, Users must register on the Platform and set up a user account during the onboarding process ("User Account"). As part of this process, Users need to link a wallet to their User Account, or alternatively, Frontrose may set up and integrate a custodial third-party wallet provider for the User ("User Wallet").
The use of the User Wallet is governed by the terms and conditions of the respective third-party wallet provider. Frontrose does not provide a wallet software solution and has no control over or custody of the User's Wallet, nor any ability to retrieve or transfer any assets held therein. Frontrose cannot make any assurances about how transactions will operate with a specific wallet.

Access to the Platform may occasionally be disrupted due to various reasons at Frontrose's discretion, including equipment malfunction, periodic updating, maintenance, or for security reasons.
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(c) Setting up & deployment of Digital Collectible smart contracts for BrandsBrands supply all required information for the creation of specific Digital Collectibles to Frontrose. Using a software tool, Frontrose pre-configures the Digital Collectibles into a relevant smart contract. After the Brand's review and approval, Frontrose launches the corresponding Digitable Collectible minting smart contract on the Brand's behalf. Frontrose aids Brands who wish to tokenize a retail product as Digital Twin. In this regard, Brands need to provide Frontrose with all necessary information for the minting or airdrop of the respective Digitable Collectible. With the information received, Frontrose pre-configures the Digitable Collectible as well into a respective Digitable Collectible smart contract. Following the Brand's review and approval, Frontrose deploys the corresponding Digitable Collectible minting smart contract on behalf of the Brands.

Digital Collectibles
Upon procuring or receiving any Digital Collectible via the Services, you affirm, warrant, assure and agree to the following:

(a) Your acquisition and usage of the Digital Collectible complies with the laws and regulations applicable in your jurisdiction, including, but not limited to, legal capacity, regulatory restrictions and government consents;

(b) The Digital Collectible you are acquiring is intended solely for personal consumption within the Services, or for your personal collection, use, and enjoyment, excluding distribution;
(c) You will refrain from promoting or depicting any Digital Collectible as an investment or an opportunity for financial gain or profit, including, without limitation, on the Platform;
(d) The Digital Collectible is being procured for your personal use, not with the current intention or view of selling it to another party;
(e) You possess a satisfactory comprehension of the functionality and characteristics of the Digital Collectible;
(f) You will abstain from utilising the Digital Collectible for any illegal purpose, or for any form of wagering, betting or gambling;
(g) The Digital Collectible is not being obtained as an investment, and you have no anticipation of financial gain or profit from being a holder of the Digital Collectible;
(h) The possession of any Digital Collectible will not confer on you any equity, ownership, or other legal interest in Frontrose or any other entity;
(i) You will adhere to applicable tax obligations stemming from your acquisition of the Digital Collectible.

The future value of a Digital Collectible is unpredictable and not under our control or that of any third party. We aren't liable for losses due to vulnerabilities, software failures, blockchain-related issues, late or non-reports of such issues, or any other features of Digital Collectibles. We also aren't liable for losses linked to External Wallets and their providers, or any other third-party service or infrastructure.

Services does not offer a hosted digital wallet nor do we hold or custody any Digital Collectibles for you or other users. To purchase or receive any Digital Collectibles via Services, you'll need to link a User Wallet, or alternatively, Frontrose may set up and integrate a custodial third-party wallet provider for you. It's your responsibility to keep your External Wallet's password safe and to comply with the terms set forth by your Wallet Provider. Should you lose access to your External Wallet, don't anticipate that Frontrose can recover your Digital Collectibles.

In the EEA/UK, as per the relevant laws, consumers might have the privilege to rescind their purchase of specific goods and services, including digital content, software, and other digital services within a predetermined time frame, typically 14 days.

Nevertheless, there are some exceptions to this right of withdrawal under the governing laws. One notable exception concerns contracts for digital content supply, which isn't provided on a physical medium - this is applicable to Digital Collectibles offered by Frontrose through the Platform. This exception comes into effect when the contract for digital goods supply has already begun and the consumer has given their approval for the contract's immediate commencement.
Thus, when you kickstart a Digital Collectible purchase via the Platform, you consent to the following conditions:
(j) You concur that the transfer of the NFT tied to the Digital Collectible equates to an immediate execution of the contract;
(k) You acknowledge the resulting forfeiture of your right to withdrawal.The right to withdrawal doesn't apply to any Digital Collectibles we've 'airdropped' to you free of charge, as we consider the contract's performance to be immediate upon the NFTs transfer associated with the Digital Collectible.
Furthermore, the right to withdrawal isn't accessible for secondary sales of digital content, meaning that you don't possess a right to withdrawal if you procure a Digital Collectible from another user via the Platform.
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Additional Provisions
Transferring a Digital Collectible is done by moving the associated NFT. There might be a period where you can't transfer your Digital Collectibles after they've been moved to your User Wallet or External Wallet.

Currently, Digital Collectibles are only accessible on the Polygon Blockchain. Transferring a Digital Collectible to an incompatible digital wallet may result in loss or destruction of your Digital Collectible.

It's possible that things like content or services delivered via the Services (or by other means) might be considered a Benefit. Going by that definition, it's key to remember that neither Frontrose nor any third party has a binding commitment to provide any Benefit linked with any Digital Collectible. Therefore, neither Frontrose nor any third party bears any responsibility or liability for delivering, or not delivering, any Benefit to any holder of a Digital Collectible.

Certain services offered by Frontrose may be exclusively accessible to holders of specific Digital Collectibles or a particular set of Digital Collectibles. To gain access to these services, you might need to prove your ownership of the respective NFT linked to the pertinent Digital Collectible, and you must not be in violation of these Terms. If you transfer the relevant Digital Collectible or associated NFT to another person, we reserve the right to revoke your access to these exclusive services, without prejudice to our other rights to terminate or suspend Services under these Terms.

Ownership and License
Frontrose possesses the ownership of the Services, encompassing the text, graphics, images, videos, illustrations, other content, and the related content for all Digital Collectibles, along with all associated intellectual property rights. These are protected under both U.S. and international laws. Unless explicitly stated in these Terms, all rights related to the Services and the related content for all Digital Collectibles, including intellectual property rights, are reserved by us or Brands. Provided that you adhere to these Terms, you're granted a limited, nonexclusive, non transferable, non sublicensable, and revocable licence to access and use our Services for your personal, noncommercial use. Any unauthorised usage of the Services, without our prior written consent, is strictly forbidden and will result in the termination of the licence granted and the violation of our intellectual property rights.

Shifting the NFT connected with the Digital Collectible to you signifies ownership transfer of the NFT and grants you licence rights to the connected content as detailed in this section. However, when you receive a Digital Collectible and the NFT is handed over to you, it doesn't mean you've scored ownership of the connected content or any other intellectual property. Between you and Frontrose, the ownership baton for the connected content and any intellectual property rights tied to the connected content or Digital Collectible stays firmly in Frontrose's hand.

Trademarks
The trademarks of Frontrose include Frontrose, the Frontrose design, and our other logos, product or service names, slogans, along with the unique look and feel of the Services. These may not be copied, mimicked, or used, in whole or in part, without our prior written consent. Any other trademarks, registered trademarks, product names, company names or logos mentioned in relation to the Services are the property of their respective owners. References to any products, Services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not mean or imply endorsement, sponsorship, or recommendation from us.

Disclaimers
The utilisation of the Services, along with any materials or content provided in association (including External Entities' Content and External Entities' Materials), is entirely at your risk. Unless otherwise explicitly specified by us and to the broadest degree permissible under relevant law, the Services, and any associated content or materials (including External Entities' Content and External Entities' Materials), are offered "as is" and "as available", devoid of any form of warranties, express or implied. Frontrose renounces all warranties related to the aforementioned, as well as any warranties not identified in the previous sections, encompassing implied warranties of salability, suitability for a specific purpose, title, and non-infringement. Furthermore, Frontrose makes no assurances that the Services or any associated content (including External Entities' Content and External Entities' Materials) are accurate, complete, reliable, current, or free of errors, or that access to the Services or any content provided will be uninterrupted. Even though Frontrose aims to secure your use of the Services and any associated content (including External Entities' Content and External Entities' Materials), we cannot guarantee that the Services or our servers are devoid of harmful components, content, or materials. The entire risk concerning the quality and performance of the Services and any associated content (including External Entities' Content and External Entities' Materials) falls on you. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Frontrose, Parties, and Frontrose's respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

Indemnification
In agreement with the maximum scope allowed by relevant laws, you will safeguard, support, and free Frontrose (including any associated entities) and all of our respective executives, board members, agents, associates, and employees (collectively known as the "Parties") from any losses, liabilities, allegations, demands, damages, expenditures, or charges ("Claims") that emerge from or are connected to (a) your access or utilisation of the Services; (b) your user content or feedback; (c) your infringement of these Terms; (d) your breach, misappropriation, or violation of another's rights (including intellectual property rights or privacy rights); or (e) your behaviour in relation to the Services. You'll promptly notify Frontrose of any claims from third parties, assist Frontrose in opposing such claims, and cover all associated fees, costs, and expenditures (including legal fees). The Parties will hold the reins of the defence or settlement, at Frontrose's exclusive discretion, of any Claims from third parties. This indemnity is supplementary to, and not a substitute for, any other indemnities outlined in a written agreement between you and Frontrose or the other Frontrose Parties.

Limitation of Liability
Frontrose's responsibility for both direct and indirect damages, irrespective of the legal basis, is firmly ruled out to the greatest possible extent allowed by law. Similarly, Frontrose is not contractually liable for any actions or non-actions taken by auxiliary persons, nor is there any non-contractual liability; again, to the fullest extent permissible by law.

Please note that some locations may not allow certain limitations of liability mentioned in these Terms. If you're based in one such jurisdiction, some of the aforementioned restrictions may not apply to you. In circumstances where we can't limit our liabilities due to local laws, the extent of our accountability will be the least amount permissible under that law.

Governing Law and Jurisdiction
The guidance and interpretation of these terms will fall under the purview of German law. The involvement of the United Nations Convention on Contracts for the International Sale of Goods is expressly not permitted.Should there be any disagreements or conflicts related to these Terms, they will be exclusively managed and resolved by the standard courts located in the city of Berlin, Germany.