TERMS AND CONDITIONS

These Terms (“Terms”) constitute a legally binding agreement, whether personally or on behalf of an entity (“you” or the “user”) and EX SPORTS DMCC, a company incorporated in United Arab Emirates with license no. DMCC-817053 and with its registered address at EX Sports DMCC, Almas-48-CV04, Almas Tower, Plot No: JLT-PH1-A0, Jumeirah Lake Towers, Dubai, United Arab Emirates (“Company”, “us”, “we” or “our”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, THE SMART CONTRACTS, OR THE SITE.

Ex Sports is a distributed App that runs on the Ethereum / Polygon network, using specially-developed smart contracts (each, a “Smart Contract”) to enable users to buy, trade and sell digital sports collectibles featuring real athletes ("Collectibles") on the Ex Sports website at https://marketplace.ex-sports.io/ ("Site"). The Smart Contracts, the Site and the Software are collectively referred to in these Terms as the “App”. Using the App, users can view their Collectibles and use the Smart Contracts to buy, trade and sell the Collectibles with other App users.

1. Agreement to Terms

These Terms govern the use of the App, unless we have executed a separate written agreement with you for that purpose by you or your affiliates. By accessing or using the App, you are indicating that you have read these Terms and agree to be bound by it. If you do not agree with any part of these Terms, you may not access or use the App.
These Terms are effective and binding on you on the earlier of the following dates: the date you accept these Terms by clicking an “I Agree” button or otherwise indicate that you accept these Terms; the date you (or an affiliate) first access or use the App.
By using the App, if you are accepting the Terms on behalf of a company or other legal entity, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms on behalf of that entity, in which case, "you" will mean that entity. You further represent and warrant that you have the right, authority and capacity to use the App on behalf of the business you represent, and to abide by the Terms.

2. Amendments and variations

We reserve the right to amend and/or vary the App, the Smart Contracts, the Site and/or the Software and these Terms without prior notice to you. The amended Terms will take effect from the time of posting on the App, and your continued access to or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. You agree to check these Terms periodically for changes. If you do not agree to any revised Terms, you may not access or use the App. We may also impose limits on the App or restrict your access to part or all of the App without notice or liability.
You acknowledge and agree that the form and nature of the App, and any part of it, may change from time to time without prior notice to you, and that we may add new features and change any part of the App at any time without notice.

3. The App

Transactions that take place on the App are managed and confirmed via the Ethereum / Polygon blockchain. You understand that your Ethereum / Polygon public address will be made publicly visible whenever you engage in a transaction on the App.
We neither own nor control the Ethereum / Polygon network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.

4. EX Tokens

Users will be able to purchase tokens called "EX Tokens" from the App on our marketplace and use them in various ways, including purchasing Collectibles or signed merchandising, signing up for in private training sessions, in-stadium experiences or meet-and-greet sessions with athletes, participating in card games developed by the Company, and on certain events and competitions ("Event"), receive a percentage of the athlete's prize money in the form of EX Tokens only upon organizers sponsorship. The EX Tokens are non-refundable, but can be used as a digital currency on the App, and can be transferred to other users.
The Company further reserves the right to develop a card game with a third party software developer based on the Collectibles, for Users who have purchased the Collectibles and athletes to participate in.
We will not be liable for any damage that you may suffer as a result of your transactions or any other interaction with any third party software developer in connection with the reward point systems and/or the card game.

5. The Collectibles

We have utilized Smart Contracts to develop our digital collectible cards featuring real athletes referred to as “Collectibles”. Our Smart Contracts enforce a hard limit of 1,000 Collectibles (NFTs) per single card type.
The Company has utilized Smart Contracts to develop Collectibles featuring real athletes from a variety of sports. Users can own the Collectibles which are cryptographically unique.