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Terms and Conditions

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Welcome to mallow labs L.L.C-FZ!

These are the terms and conditions for:

  • https://www.mallow.art/
  • the mallow API at https://api.mallow.art, as documented at https://docs.mallow.art/api
  • the following mallow smart contract programs on the Solana blockchain:
    • mallow Market: MMA7VebX8Pi5JrrvaTBBm7nW81sfCww7ZtLBBT1YCy8
    • mallow Auction: MAUsg1KhgYQV2Kxr9ccAkv7bUod88Qi3AKe5nUN41oe
    • mallow Rewards: MRWDBkgyy3t3aA9C85DhmPfj39ss2nUgdsNthsRba2N
    • mallow Gumball: MGUMqztv7MHgoHBYWbvMyL3E3NJ4UHfTwgLJUQAbKGa
    • mallow Gumball Guard: GGRDy4ieS7ExrUu313QkszyuT9o3BvDLuc3H5VLgCpSF
    • mallow Jellybean: J3LLYcm8V5hJRzCKENRPW3yGdQ6xU8Nie8jr3mU88eqq
    • mallow Airdrop: ma1RYLyztzzrpemvfu1n2Jem4PmxvMR9b6n4UoD2GXh
    • mallow Sweepstake: sWEEpg22uXSMaDx9QjdVKeUaZtk2Vj19XusBeszTiTQ

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the word "website" refers to the mallow labs L.L.C-FZ website, "we", "us", "our" and "mallow labs L.L.C-FZ" refer to mallow labs L.L.C-FZ, a free zone company registered in the Meydan Free Zone, Dubai, United Arab Emirates, with its registered address at The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E 9305, and "you" and "user" refer to you, the user of mallow labs L.L.C-FZ.

The following terms and conditions apply to the website and services offered by mallow labs L.L.C-FZ. This includes the mobile and tablet versions as well as any other version of mallow labs L.L.C-FZ accessible via desktop, mobile, tablet, social media or other devices, and any application programming interfaces (APIs), smart contract programs, software development kits, widgets and embedded or white-label versions of the marketplace provided by mallow labs L.L.C-FZ.

The smart contract programs used by the marketplace run on public blockchains and may be capable of being accessed without using the website. Any interaction with those programs is at your own risk, and any interaction made through the website, APIs or other interfaces provided by mallow labs L.L.C-FZ is subject to these terms and conditions.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM THE MALLOW LABS L.L.C-FZ WEBSITE.

1. Acceptance of terms

1.1 This agreement sets out the legally binding terms for your use of mallow labs L.L.C-FZ. By using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and must stop using the service immediately. We may modify this agreement from time to time, and such modification will be effective when posted on the website. You agree to be bound by any modifications to these terms and conditions when you use mallow labs L.L.C-FZ after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

1.2 mallow labs L.L.C-FZ may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

1.3 The website and services may only be used in accordance with these terms and conditions and all applicable local, state, national and international laws, rules and regulations, specifically the commercial and financial laws and regulations of Dubai, United Arab Emirates.

1.4 By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

2. Eligibility and sanctions

2.1 You must be at least 18 years old, or the age of majority in your jurisdiction if higher, to use the website and services.

2.2 By using the website and services, you represent and warrant that you are not: (i) located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive sanctions, including Cuba, Iran, North Korea, and the Crimea, Donetsk, Luhansk, Zaporizhzhia and Kherson regions of Ukraine, as updated from time to time; (ii) listed on, or owned or controlled by a person listed on, any sanctions list maintained by the United Nations, the United Arab Emirates, the United States (including the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List), the United Kingdom or the European Union; or (iii) acting on behalf of or for the benefit of any such person.

2.3 You agree not to use a VPN, proxy or any other means to conceal your location or to circumvent any geographic restriction applied by mallow labs L.L.C-FZ.

2.4 mallow labs L.L.C-FZ may screen wallet addresses against sanctions lists and use location data to restrict access. If mallow labs L.L.C-FZ reasonably believes that you are in breach of this section, or where required by law, it may block your access, suspend your account and delist your content from the website.

2.5 The mallow wallet is a separate product provided by mallow labs LLC, a Wyoming limited liability company. These terms and conditions do not apply to the mallow wallet.

3. Scope of services

3.1 mallow labs operates a marketplace, which is an online peer-to-peer service that enables collectors to acquire NFTs from creators and fellow collectors. mallow labs acts solely as an intermediary, providing digital infrastructure to facilitate NFT transactions.

3.2 The purpose of these terms and conditions is to establish the conditions for accessing the marketplace and to delineate the rights and obligations of users and mallow labs within this framework.

3.3 Given the peer-to-peer nature of the marketplace, these terms and conditions do not govern any relationships that may arise between collectors or between collectors and creators. mallow labs' role is specifically confined to operating the marketplace and delivering the associated services.

3.4 In the case of creators, the terms and conditions may be complemented by specific terms. In situations where there is a contradiction between the terms and conditions and the specific terms, the latter shall take precedence.

3.5 While mallow labs oversees the operation of the marketplace and may curate specific creators, users acknowledge that they acquire NFTs directly from other users, not from mallow labs, unless stated otherwise on the website. Specifically, this includes purchases from creators on the primary market and transactions with other collectors on the secondary market.

3.6 The marketplace also displays NFT listings from third-party marketplaces, including Magic Eden (Solana), OpenSea (Ethereum) and objkt (Tezos) ("Third-Party Listings"). Certain Third-Party Listings, currently those from Magic Eden and OpenSea, may be purchased through the website. When you purchase a Third-Party Listing, the transaction is executed through the relevant third-party marketplace's smart contracts or protocols, you transact directly with the seller on that marketplace, and the transaction may be subject to that marketplace's own terms, fees and royalty rules. Third-Party Listings that cannot be purchased through the website, currently those from objkt, are displayed with a link to the relevant third-party marketplace, where any purchase is made directly on that marketplace and subject to its terms.

3.7 mallow labs L.L.C-FZ does not own, operate or control any third-party marketplace and does not verify, guarantee or endorse Third-Party Listings, including their availability, price, metadata, authenticity or provenance. Listing information is retrieved from third parties and may be inaccurate, outdated or no longer available at the time of purchase. mallow labs L.L.C-FZ is not responsible for the acts or omissions of any third-party marketplace, and any dispute concerning a Third-Party Listing must be resolved with the seller or the relevant third-party marketplace.

3.8 The services offered by mallow labs may undergo changes periodically, as mallow labs has the discretion to introduce, remove, or modify specific functionalities of the marketplace.

3.9 mallow labs L.L.C-FZ may curate, feature or promote creators and artworks, including on the website, in editorial content, on social media and at exhibitions and events. Doing so does not mean that mallow labs L.L.C-FZ endorses any creator or their views, statements or conduct, or that it has verified the authenticity, provenance, ownership, quality or value of any artwork. A "verified creator" badge means that mallow labs L.L.C-FZ has taken reasonable steps to confirm that the account belongs to the creator it represents. It is not an endorsement, and it does not guarantee the authenticity, ownership or value of any artwork.

4. Payments

4.1 The prices of NFTs are set (i) by creators on the primary market and (ii) by collectors on the secondary market. mallow labs L.L.C-FZ has no role whatsoever in the determination of the price of NFTs available on the marketplace.

4.2 mallow labs L.L.C-FZ will receive primary fees payable as defined in the specific terms negotiated with creators and the fees as shown in the secondary market and displayed on the marketplace at the time of the purchase.

4.3 Purchases of Third-Party Listings may be subject to fees and royalties charged by the relevant third-party marketplace. mallow labs L.L.C-FZ does not currently charge a fee on these purchases.

4.4 Payments on the marketplace can be made in cryptocurrencies and charged to your respective digital wallet. If you find any inconsistencies in your billing, please contact us through our contact details.

4.5 If your payment is declined, you will need to provide an alternate wallet on which the payment can be processed.

4.6 Your payment details will be treated and safeguarded securely and for the sole purpose of processing your purchases on the marketplace. mallow labs reserves the right to engage any commercially available payment platform that processes your data for the sole purpose of processing the purchase of NFTs on the marketplace.

4.7 Creators may set royalties on secondary sales of their NFTs. mallow labs L.L.C-FZ honors creator royalties on secondary sales made through the marketplace where the relevant token standard supports them. Royalties on Third-Party Listings are determined by the relevant third-party marketplace, and mallow labs L.L.C-FZ does not guarantee that royalties will be paid or enforced on any other platform.

5. Token ownership

5.1 Collectors are recognized as the exclusive owners of the token linked to the NFT they acquire. Therefore, collectors explicitly acknowledge and agree that, unless otherwise expressly stated or granted by creators, utilizing the services or acquiring an NFT does not impart any ownership, intellectual property right, or any other right whatsoever concerning content rights.

5.2 Collectors are responsible for researching an artwork and its creator before buying. If an artwork is later removed from the marketplace, including following an infringement claim, mallow labs L.L.C-FZ is not responsible for refunding the purchase.

6. Disclaimer & assumption of risk

6.1 By using our services, you represent and agree that mallow labs L.L.C-FZ does not at any time guarantee any profit, gain, or ROI (Return on Investment) from the use of any of the services available on the website and that transactions in the cryptocurrency market may be considered high-risk transactions that may involve potential and substantial losses of your investments in these markets.

6.2 The cryptocurrency and NFTs markets are determined by demand and supply. The cryptocurrency and NFTs market can be an unpredictable and volatile environment and prices can be highly speculative and are subject to constant change by the market. Please note that products may lose their value.

6.3 Trading cryptocurrencies and NFTs should be considered a high-risk activity and therefore should not be operated without the necessary knowledge or experience. It is recommended to understand the characteristics and risks inherent in these products before trading or making investments in these markets. The user should understand that there is a high risk of loss when making investments with cryptocurrencies if the markets move negatively against the user's position. It is important for the user to consider the risks inherent in each product and choose the type of product that best suits the user's financial situation.

6.4 By connecting their wallets to mallow labs L.L.C-FZ, users declare and agree that they will be responsible for the calculation and payment of any taxes that may be generated by transactions made through our website. mallow labs L.L.C-FZ is not responsible for incorrect tax calculations displayed through the website, if any. The user is solely and exclusively responsible for verifying such information and making the calculation and payment of taxes that may be generated by transactions made through our website.

6.5 By accessing the website and services, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any damage or loss you suffer as a result of your use or non-use of our website and services. You agree to use your judgment and exercise due diligence before taking any action or applying any advice suggested or recommended through the website and services.

6.6 Your use of our information and content should be based on your own due diligence and research, and you agree that mallow labs L.L.C-FZ is not responsible or liable at any time, or under any circumstances, for the success or failure of your investments or transactions relating directly or indirectly to the website. Do not trade or invest based solely on the information and content available on the website.

6.7 By accessing and viewing any material or information within this website, you agree that it is for general informational and educational purposes only and will not hold any person or entity liable for any resulting loss or damage.

6.8 By accessing and using the services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing, using and interacting with the services.

7. License to use the platform

7.1 The property rights of the website and the methods used on the website belong exclusively to mallow labs L.L.C-FZ. Any physical or virtual exposure of the methods used on the website may result in violations of mallow labs L.L.C-FZ's intellectual property rights.

7.2 mallow labs L.L.C-FZ gives you a limited, worldwide (subject to section 2), non-assignable and non-exclusive license to use the website provided to you by mallow labs L.L.C-FZ as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by mallow labs L.L.C-FZ, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

7.3 The user agrees not to use the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the mallow labs L.L.C-FZ website or third parties.

7.4 mallow labs L.L.C-FZ reserves the right to terminate your access immediately, with or without notice, and without liability to you, if mallow labs L.L.C-FZ believes that you have violated any of these terms or interfered with the use of the website or service by others.

7.5 Access to the API requires an API key issued by mallow labs L.L.C-FZ. API keys are personal to the recipient, must not be shared, and may be revoked at any time.

8. Copyright

8.1 All materials on mallow labs L.L.C-FZ, including, without limitation, names, logos (some logos are shown as fair use), trademarks, images, text, columns, graphics, videos, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by mallow labs L.L.C-FZ or by third parties that have licensed or otherwise provided their material to the website. Artworks and other content provided by creators remain the property of the respective creators, subject to any rights they grant under the specific terms. You acknowledge and agree that, except for creators' rights in their own works, all materials on mallow labs L.L.C-FZ are made available for limited, non-commercial, personal use only. Except as specifically provided herein, no material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without mallow labs L.L.C-FZ's prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to use mallow labs L.L.C-FZ or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

9. Copyright infringement

9.1 mallow labs L.L.C-FZ acknowledges the importance of intellectual property rights and is committed to compliance with applicable copyright laws in the United Arab Emirates, including those specific to Dubai. We take all inquiries, complaints, and claims regarding alleged infringement seriously.

9.2 If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property rights, please send us your infringement request in accordance with the relevant copyright laws and regulations.

9.3 Infringement requests must be sent to [email protected] and include:

  • (a) your name and contact details;
  • (b) a description of the work you claim is infringed;
  • (c) the URL or token address of the material on the website;
  • (d) a statement that you believe in good faith that the use is not authorized by the rights holder, its agent or the law; and
  • (e) a statement that the information in your request is accurate and that you are the rights holder or authorized to act on its behalf, with your physical or electronic signature.

9.4 On receiving a complete request, mallow labs L.L.C-FZ may remove, hide or delist the material and may notify the user who provided it. Because NFTs are recorded on public blockchains, mallow labs L.L.C-FZ cannot delete or transfer the token itself.

9.5 If your material was removed and you believe this was a mistake, or that you have the right to use it, you may send a counter-notice to [email protected] with your contact details, identification of the material, and a good-faith statement explaining why it should be restored. mallow labs L.L.C-FZ may share the counter-notice with the person who made the original request and may restore the material at its discretion, unless it is notified that legal proceedings have been brought.

9.6 mallow labs L.L.C-FZ may suspend or terminate the access of users who repeatedly infringe the rights of others.

9.7 Knowingly making a false or misleading request or counter-notice may expose you to liability.

10. Personal data

10.1 Any personal information you submit in connection with the use of the website will be used in accordance with our privacy policy. By using our services, you agree that we may collect and store your personal information as described in our privacy policy.

11. Prohibited activities

11.1 The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to mallow labs L.L.C-FZ or licensed to mallow labs L.L.C-FZ by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

  • (a) Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission;
  • (b) Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • (c) Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
  • (d) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • (e) Deep-link to any portion of the services for any purpose without our express written permission;
  • (f) "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
  • (g) Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by mallow labs L.L.C-FZ in connection with the services;
  • (h) Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content; or
  • (i) Download any content unless it's expressly made available for download by mallow labs L.L.C-FZ.

11.2 mallow labs L.L.C-FZ is not obligated to monitor access to or use of the services or to review or edit any content. However, we have the right to do so for the purpose of operating the services, to ensure compliance with these terms and to comply with applicable law or other legal requirement.

11.3 You must not manipulate, or attempt to manipulate, the marketplace or the price of any NFT. This includes:

  • (a) wash trading, or any transaction that involves no real change in who owns an NFT;
  • (b) bidding on, making offers on or buying NFTs that you own or control, whether through your own wallet or wallets you control or act for;
  • (c) shill bidding, or coordinating with others to inflate or deflate prices or create the appearance of demand;
  • (d) creating or encouraging a false or misleading appearance of trading activity or value for any NFT or creator; and
  • (e) trading on non-public information that you know could materially affect the value of an NFT.

11.4 mallow labs L.L.C-FZ may cancel or hide listings, bids and offers, delist NFTs, and suspend or terminate accounts that it reasonably believes are involved in manipulation.

12. Disclaimer of warranties & limitation of liability

12.1 mallow labs L.L.C-FZ provides its services on an "as is", "as available" basis, without any warranties or guarantees of any kind, whether express or implied. We do not warrant the accuracy, completeness, or reliability of any information provided on our platform. We shall not be held accountable to you in the event that we cannot deliver our internet services due to factors beyond our control.

12.2 Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

12.3 You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse mallow labs L.L.C-FZ for any loss or damage caused as a result.

12.4 mallow labs L.L.C-FZ will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

12.5 These terms do not affect your statutory rights as a consumer which are available to you.

12.6 Subject as aforesaid, to the maximum extent permitted by law, mallow labs L.L.C-FZ excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to mallow labs L.L.C-FZ and mallow labs L.L.C-FZ shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • (a) Any incorrect or inaccurate information on the website;
  • (b) The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website;
  • (c) Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control;
  • (d) Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong;
  • (e) Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from mallow labs L.L.C-FZ;
  • (f) All representations, warranties, conditions and other terms which but for this notice would have effect.

12.7 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MALLOW LABS L.L.C-FZ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR ANY OTHER PECUNIARY LOSS) HOWEVER CAUSED AND ON ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, EVEN IF MALLOW LABS L.L.C-FZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MALLOW LABS L.L.C-FZ'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF (i) $100 USDC; OR (ii) THE AMOUNT RECEIVED BY MALLOW LABS L.L.C-FZ FROM USER IN THE ONE (1) MONTH PRECEDING SUCH CLAIM.

12.8 YOU ACKNOWLEDGE AND ACCEPT THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN MALLOW LABS L.L.C-FZ AND YOU.

13. Electronic communications

13.1 No responsibility will be accepted by mallow labs L.L.C-FZ for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.

14. Indemnification

14.1 You agree to defend and indemnify mallow labs L.L.C-FZ from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • (a) Your breach of this agreement or the documents referenced herein.
  • (b) Your violation of any law or the rights of a third party.
  • (c) Your use of the website and services.

15. Changes and termination

15.1 We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. If you don't agree to be bound by the changes, you may not use the services anymore. Because our services are evolving over time, we may change or discontinue all or any part of the services, at any time and without notice, at our sole discretion. Notwithstanding anything contained in these terms, we may suspend, modify or terminate your access to and use of the services and the language of these terms at our sole discretion, at any time and without notice to you. You may disconnect your digital wallet at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law.

15.2 You may delete your mallow account and profile at any time under Edit profile → Delete profile, or by contacting [email protected].

15.3 Deleting your account removes your profile and associated off-chain data from the website, except where mallow labs L.L.C-FZ needs to keep information to comply with law, resolve disputes or enforce these terms, as described in our privacy policy. Your User Posts may be deleted or anonymized.

15.4 Deleting your account does not affect NFTs, transactions or any other data recorded on a blockchain, which cannot be deleted by mallow labs L.L.C-FZ. You should cancel any active listings, bids or offers before requesting deletion. Sections 6, 9, 12, 14 and 18 continue to apply after your account is deleted or your access is terminated.

16. Assignment

16.1 This agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by mallow labs L.L.C-FZ without restriction.

17. Integration clause

17.1 This agreement together with the privacy policy (https://mallow.art/privacy.html) and any other legal notices published by mallow labs L.L.C-FZ, shall constitute the entire agreement between you and mallow labs L.L.C-FZ concerning, and shall govern, your use of the website and the services.

17.2 If any provision of these terms and conditions is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

17.3 No failure or delay by mallow labs L.L.C-FZ in exercising any right under these terms and conditions will operate as a waiver of that right.

18. Disputes

18.1 The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and mallow labs L.L.C-FZ, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

18.2 In the event of a dispute arising in connection with the use of the website and services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

18.3 You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. mallow labs L.L.C-FZ may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.

18.4 To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

18.5 Any dispute arising from or relating to the use of this website, the products offered herein, or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai, United Arab Emirates.

18.6 These terms and conditions are governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates as applicable in Dubai.

19. Rewards, SMORES and Cream

19.1 mallow labs L.L.C-FZ may offer reward programs, including SMORES and Cream ("Rewards"). Rewards are provided for use within the mallow ecosystem. mallow labs L.L.C-FZ does not assign any monetary value to SMORES and does not provide or guarantee liquidity for SMORES. Any market for SMORES, including community liquidity pools on third-party exchanges, is independent of mallow labs L.L.C-FZ, and you trade SMORES at your own risk.

19.2 Rewards are not an investment, do not represent any ownership, profit share or claim against mallow labs L.L.C-FZ, and should not be acquired in the expectation of profit. mallow labs L.L.C-FZ may change how Rewards are earned, distributed and used, and the items available in the store, or end any reward program, at any time. mallow labs L.L.C-FZ may withhold Rewards obtained through wash trading, manipulation, multiple accounts or other abuse.

20. Gumball, Jellybean and Raffles

20.1 Certain sale formats on the marketplace, including Gumball, Jellybean and Raffles, allocate NFTs or other items at random ("Randomized Sales"). Randomized Sales are created by the sellers who list them, and allocation is determined by the relevant smart contract program.

20.2 In a Gumball or Jellybean sale, every purchase results in the buyer receiving an item, allocated at random, and items may differ in rarity and value. Raffles are run using the Famous Foxes raffle program and are also subject to Famous Foxes' own terms. In a Raffle, buyers purchase entries and winning entries are selected at random to receive the listed item. Except where stated on the listing, purchases and entries are final and non-refundable.

20.3 You must not participate in Randomized Sales where doing so is prohibited by the laws of your jurisdiction. mallow labs L.L.C-FZ may restrict access to Randomized Sales in any jurisdiction.

21. Physical items

21.1 Some listings include a physical item. Physical items are supplied, delivered and handed over solely by the seller. mallow labs L.L.C-FZ does not hold, inspect, ship or insure physical items, does not handle returns, and is not responsible for their condition, authenticity or delivery. Any dispute about a physical item must be resolved between the buyer and the seller.

21.2 If you choose to provide delivery details through the website, mallow labs L.L.C-FZ will send them to the seller by email for the sole purpose of delivering your item. You may instead arrange delivery directly with the seller. Sellers must use buyers' details only to deliver the physical item and must handle them securely.

21.3 This section does not apply to items sold through the mallow store, which are covered by section 23.

22. Staking and mallowSOL

22.1 You may stake SOL natively with the mallow validator, or deposit SOL into the mallowSOL stake pool (pool address 7thbAQrn9oRJsbz2CchoPSujGYpu4hCHnVrniBHupQsx) to receive mallowSOL (token address MLLWWq9TLHK3oQznWqwPyqD7kH4LXTHSKXK4yLz7LjD). The mallowSOL stake pool runs on a third-party stake pool program that is not owned or operated by mallow labs L.L.C-FZ. The mallow validator is operated on behalf of mallow labs L.L.C-FZ by a third-party infrastructure provider.

22.2 Staking rewards are generated by the Solana network. They are not guaranteed, vary over time and may be reduced by validator performance, network changes or fees. The fees that apply to the stake pool are shown on-chain and may change. mallow labs L.L.C-FZ does not take custody of staked SOL.

22.3 The value of mallowSOL relative to SOL may change, and mallowSOL may trade on third-party exchanges at prices below its redemption value. Withdrawals depend on Solana's epoch schedule and the liquidity of the stake pool, and may be delayed. Staking involves risks including smart contract failure, validator downtime and changes to the Solana network, and you stake at your own risk.

22.4 mallowSOL is not a deposit, an investment product, or a claim against mallow labs L.L.C-FZ. Any points or Rewards earned through staking are governed by section 19.

23. mallow store

23.1 mallow labs L.L.C-FZ may offer items, including physical merchandise, in the mallow store in exchange for SMORES, Cream or other payment shown at checkout. Items are subject to availability, and mallow labs L.L.C-FZ may change or withdraw items at any time.

23.2 For physical items, you must provide accurate delivery details. Delivery times are estimates. Risk in the item passes to you on delivery. mallow labs L.L.C-FZ may decline to ship to any location, including any country or region referred to in clause 2.2. If an item arrives damaged or incorrect, contact us within 7 days of delivery. Nothing in this section affects any rights you have under applicable consumer law.

24. Exclusive content

24.1 Creators may attach content to an NFT that only its holder can access ("Exclusive Content"). Exclusive Content is provided by the creator, who is solely responsible for it and must hold all necessary rights to it. Exclusive Content must comply with section 11 and must not contain any unlawful material.

24.2 mallow labs L.L.C-FZ may not be able to review Exclusive Content before it is made available. mallow labs L.L.C-FZ may remove or block access to Exclusive Content, delist the related NFT, and report the content to the relevant authorities where it reasonably believes the content breaches these terms or the law. mallow labs L.L.C-FZ does not guarantee continued access to Exclusive Content. To report Exclusive Content, contact [email protected].

25. Talkboard and user posts

25.1 You are responsible for any posts, comments, images or other content you publish on Talkboard or elsewhere on the website ("User Posts"). User Posts must comply with section 11.

25.2 You keep ownership of your User Posts, and grant mallow labs L.L.C-FZ a worldwide, non-exclusive, royalty-free license to host, display and share them for the purpose of operating and promoting the website. mallow labs L.L.C-FZ may edit, hide or remove any User Post, and may suspend your ability to post, at its sole discretion.

26. Creators

26.1 By minting, listing or selling an artwork on the marketplace, you represent and warrant that you created the artwork or hold all rights needed to do so, and that the artwork and its metadata do not infringe the rights of any third party.

26.2 You keep ownership of the copyright in your artwork. You grant mallow labs L.L.C-FZ a worldwide, non-exclusive, royalty-free license to display and share your artwork, together with your name, profile and biography as provided on the website, for the purpose of operating, promoting and marketing the marketplace and your work. This includes use on the website, in mallow's apps, on social media, in newsletters and press, and in digital or physical exhibitions and events organized or supported by mallow labs L.L.C-FZ.

26.3 mallow labs L.L.C-FZ will credit you where reasonably practicable. mallow labs L.L.C-FZ will not sell your artwork, or sell merchandise or other products featuring your artwork, without your prior consent.

26.4 The license to use your artwork in marketing ends when you delete your account or ask mallow labs L.L.C-FZ to stop using it by contacting [email protected]. Marketing materials published before then do not need to be withdrawn. The license to display your artwork on the marketplace continues for as long as NFTs of that artwork are held, listed or traded through the marketplace, so that collectors can view, list and resell them.

26.5 This section applies to artworks minted or listed through the marketplace. It does not apply to Third-Party Listings.

26.6 If you mint or list an artwork as a single edition (1/1), you represent and warrant that you have not minted, and agree that you will not mint or allow anyone else to mint, another token of the same artwork, on mallow or on any other platform or blockchain, while the original token exists. This does not apply to editions that you clearly offer as editions at the time of minting. If you breach this clause, mallow labs L.L.C-FZ may delist the artwork and any duplicates, remove your ability to mint, and suspend or terminate your account.

27. Contact information

27.1 If you have questions or concerns about these terms, please contact us through the contact information below:

mallow labs L.L.C-FZ

[email protected]