BITFLIX TERMS OF SERVICE

1. Scope

1.1. The following Bitflix Terms of Use (hereinafter referred to as the "Terms") govern and form an integral part of using the Bitflix platform operated commonly by the Bitflix company who is also the controller of the personal data (hereinafter referred to as the "Company", "we" and/or "us") towards you as the Users within the Bitflix platform (hereinafter referred to as the "User" or "you").

1.2. The Bitflix platform is available from: https://www.bitflix.vip/ and main contacts for all the interactions are as stated on the Website.

1.3. These Terms do not govern the additional services of the Company and other related projects, which are subject to individual terms and conditions presented in another place.

1.4. As the Bitflix platform is constantly evolving, it is possible that some parts of the Terms are not up-to-date or are covering aspects and individualities of the Bitflix platform which are not in use yet. In such cases, the Terms need to be interpreted based on the relevance to the real content of the Bitflix platform.

2. Definitions

2.1. Blockchain means a list of records, called "blocks," linked together using cryptography typically managed by peer-to-peer networks for use as a publicly distributed ledger of transactions. Each block contains a cryptographic hash of the previous block, a timestamp, and transaction data. The timestamp proves that the transaction data existed when the block was published.

2.2. Contract of Use means an agreement by which a User registers to the Bitflix platform for its use. The Contract of Use is concluded between you, as a User, and the Company, as an operator of the Bitflix platform. The Contract of Use comprises these Terms, along with any additional terms provided to you on the Website or otherwise in the process of registration into the Bitflix platform, as well as the Smart Contract. By using the Website, it is evident that you and the Company intend to become contractually bound.

2.3. Digital Wallet means an electronic device, online service, or software program that allows the owner to receive, store, or transfer digital assets, including but not limited to cryptocurrencies and NFTs on a Blockchain.

2.4. Digital Wallet Address means a unique alphanumeric string of characters which is associated with and represents the address for a Digital Wallet on the Blockchain.

2.5. License means the right to use the Movie and NFT granted to you within the limits set in Article 7 of these Terms (within the End-User License Agreement), either as a license (in case the Company is a holder of proprietary rights over the Movie) or a sublicense (in case the Company is a licensee of proprietary rights over the Movie which are held by the author of the Movie).

2.6. Mint means to create or generate an NFT for a Movie on a Blockchain.

2.7. Movie means a digital file (in MP4 or other digital format constituting a work of authorship) which the NFT identifies and is associated with in an inseparable way, and which depicts, represents, expresses, or otherwise uses the underlying artwork; the Movie is subject to copyright.

2.8. Non-Fungible Token / NFT means a uniquely identifiable token of data stored on a Blockchain (thus blockchain tracked) that can be sold or traded, which identifies and is identified by a Movie. The NFT confers only a right to use the Movie in a way and under the conditions defined in these Terms (the End-User License Agreement), and it does not confer ownership of or the right to transfer the Movie itself nor the ownership of, a license to use, or any right whatsoever to the underlying artwork which forms the base for the Movie.

2.9. NFT Token ID means the unique token identifier contained in the Smart Contract identifying the NFT on the Blockchain for it to create a controllable electronic record on a Blockchain.

2.10. Ownership of an NFT means that you rented or purchased the Movie or you are watching it, and we made the NFT available to you, where proof of such actions is recorded on the Blockchain; ownership of the NFT made available to you entitles you to use the NFT in compliance with and within the limits of the License.

2.11. Purchase means the provision of access to a Movie by the Company to the User on a long-term basis, subject to the payment of a purchase fee. The purchase does not grant the User ownership of the Movie but rather a non-exclusive, non-transferable right to access and view the Movie for personal use.

2.12. Rent means the temporary provision of access to a Movie by the Company to the User for a limited period, subject to the payment of a rental fee. The Rent does not grant the User ownership of the Movie, perpetual access, or any rights beyond those explicitly stated in these Terms.

2.13. Smart Contract means a computer code or transaction protocol that governs, executes, controls, or documents events and actions relating to the operation of the NFT.

2.14. Taxes mean all taxes, fees, customs, and similar duties imposed by any jurisdiction related to the use of the Website and transactions involving your ownership of the NFT.

2.15. Website (or Bitflix Platform) means a website created by the Company, accessible from https://www.bitflix.vip/, used for providing access to Movies within the Bitflix project.

3. Eligibility

3.1. You represent and warrant that you have the full right, power, and authority to conclude the Contract of Use and to abide by and comply with it. You especially represent and warrant that you are of legal age of majority in your jurisdiction and that you are legally permitted to use the Website and NFTs in your jurisdiction, including transacting and owning NFTs, and interacting with the Website in any way. You are responsible for ensuring compliance with the laws of your jurisdiction and acknowledge that the Company is not liable for your compliance or failure to comply with such laws.

3.2. You further represent and warrant that all funds or assets used by you for paying within the Bitflix platform and using the NFT or Movie made available to you by the Company have been lawfully obtained by you in compliance with all applicable laws. You undertake to provide the Company, upon first demand, with all evidence it may request to verify your identity for the purpose of concluding the Contract of Use and anti-money laundering compliance.

3.3. You further represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory that is subject to trade restrictions or embargoes imposed by the United Nations, European Union, United States, or any other applicable governing authority. You further confirm that you are not listed on any sanctioned parties list, including but not limited to the U.S. Department of Treasury's Specially Designated Nationals and Blocked Persons List.

3.4. You further represent and warrant that you are a holder of a Digital Wallet capable of accepting and supporting the NFT token type referenced on the Website depending on the chosen Movie, registered in your name and maintained on one of the reliable platforms providing the services of keeping the Digital Wallet.

3.5. You acknowledge and agree that the Company may remove your access to the Website and the ability to use the NFTs or Movie at any time for any reason and without notice to you.

3.6. By making the payment to Rent or Purchase the Movie, you acknowledge that you have carefully read and agree to these Terms. These Terms form an integral part of the Contract of Use.

4. Registration and Execution of a Rent or a Purchase

4.1. The Contract of Use between you and the Company is concluded remotely via the Website. By registering on the Website and renting or purchasing the Movie, you agree to the Company’s use of remote means of communication. The costs of using remote means of communication are borne by you, however, these costs do not differ in any way from the basic rate you pay for the use of these means, i.e., in particular for access to the Internet.

4.2. To enable renting and purchasing the Movie through the Website and conclusion of the Contract of Use, you must connect your Digital Wallet to the Website and register. After such a connection, you will be allowed to create a profile using the user interface of the Website starting by pressing the button "Get Started" on the Website. During the process of registration, you will be required to truthfully provide the following information (necessary to verify your identity and for KYC reasons required by applicable law):

• a. your name and surname;
• b. Your email address;
• c. your date of birth;
• d. your country;
• e. your phone number; and
• f. your Digital Wallet Address.

All the information you provide and fill in must be true, correct, and complete as required by applicable law. The Company cannot be held liable for any discrepancies caused by the inclusion and completion of any corrupted, factually inaccurate, or in any way misleading data.

4.3. Renting or purchasing a Movie is subject to prior registration and the creation of a user account by clicking on the “Complete” button.

4.4. The NFT Token ID and information about the Rent and Purchase will be automatically entered as part of the Contract of Use within the user interface of the Website.

4.5. The Rent or Purchase of the Movie shall be paid in the cryptocurrency transferred into the Digital Wallet Address of the Company, in the adequate amount stated on the Website.

4.6. By pressing the “Rent” or “Purchase” button (possibly accompanied by the Rent payment or Purchase payment type information), you are renting or purchasing the specific Movie for a specified amount of money and authorizing the third-party payment gateway to process the payment of Rent or Purchase; the payment shall be processed automatically by this third-party payment gateway with crypto payment under the conditions set there immediately after confirming the payment within the payment gateway.

4.7. The Contract of Use between the Company and you is executed once the acceptance information is sent into Your Digital Wallet. Before accepting the Rent payment or Purchase payment, the Company may require that you provide it with evidence of the veracity of the information you have submitted. The Company reserves the right not to accept your Rent payment or Purchase payment.

5. Rent and Purchase of the Movies

5.1. Rent option and the Purchase option (and their values) are displayed on the corresponding part of the Website where the Movie is described. In the case of a technical error or an error in the stated value, the Company is entitled to correct all the needed information and inform you of this step without undue delay.

5.2. You are obliged to pay the Rent payment or the Purchase payment immediately after the execution of the Contract of Use. If the Rent payment or the Purchase payment is not credited to the Digital Wallet of the Company within one (1) hour after the execution of the Contract of Use, the Company is entitled to withdraw from the Contract of Use by sending the email message to your email address.

5.4. If, in the case of making the Rent payment or the Purchase payment, any transaction fees for Blockchain transactions (possibly occurring on the Blockchain) are needed, you will be solely responsible to pay all such transaction fees associated with your transactions related to the Rent payment or Purchase payment.

5.5. You will be solely responsible to pay all the Taxes and you shall not be entitled to deduct the amount of any such Taxes from payments made to the Company pursuant to the Contract of Use. In the event that any Taxes are levied on the Company, you will reimburse the Company for any such amount.

5.6. You are provided with the receipt of the Rent payment or Purchase payment when making the payment; the receipt is sent electronically to the email address provided during the process of registration. If needed, this receipt can be adapted or supplemented with the necessary information based on the needs of the User (such cases shall be managed individually via the contact information stated above).

6. NFTs and Movies Made Available

6.1. Following the Rent payment or the Purchase payment, an appropriate NFT and Movie is made available to you, as stated above. The Movie is made available within the Bitflix platform and is accessible from the User profile or the Website directly. The NFT will be delivered into Your Digital Wallet within one (1) hour after the conclusion of the Contract of Use and the Movie shall be made available for watching; this period shall be extended by the time during which the NFT transfer could not be processed for technical reasons.

6.2. The delivery of NFT pursuant to this Section is free of any transportation or delivery costs, except the Gas fee (hereinafter referred to as the “Gas Fee”). The Gas Fee shall be charged automatically in addition to the Rent payment or the Purchase payment, and paid together with the Rent payment or Purchase payment. The exact amount of the Gas Fee shall be calculated according to the general principles for its calculation applicable for payments by cryptocurrency. The exact amount of the Gas Fee shall be disclosed to you before you make the Rent payment or Purchase payment; by placing the order, you agree to the amount and method of payment of the Gas Fee.

6.3. Risk and responsibility for the NFT (including for loss or damage to the NFT) will transfer to you when you receive the NFT in your Digital Wallet. This occurs when the transfer to you is recorded on the Blockchain (it can be viewed and verified via the relevant scan service). Once risk in the NFT has passed to you, you alone will be responsible for (i) providing appropriate maintenance, hosting, and security for the NFT; (ii) securing the Digital Wallet or other storage mechanism you use to receive and hold the NFT, including private keys and credentials; (iii) any risks arising out of or in connection with the NFT such as but not limited to, risk of loss or damage, transferring, creating, providing proper maintenance including, without limitation the risks described above in the paragraph titled Risks of Owning NFTs; and (iv) any failure to provide appropriate maintenance (including without limitation hosting) of the NFT.

7. License

7.1. All the License provisions are contained within the End-User License Agreement available from: https://www.bitflix.vip/. For more information see the Bitflix platform and the relevant documentation.

8. Limitation of Liability

8.1. NFTs are intangible digital assets that exist by virtue of the ownership record maintained in the Blockchain. NFTs Smart Contracts operate on the decentralized Blockchain ledger and the Company has no control over and makes no promises or guarantees with respect to the Blockchain or Smart Contracts. You bear full responsibility for verifying the identity, legitimacy, and authenticity of all the assets.

8.2. You declare that you have the necessary understanding regarding NFTs, Blockchain technology and software systems, Digital Wallets and other storage mechanisms, and cryptocurrencies and their respective usage, functionality, storage and transmission mechanisms and other material characteristics, as well as Digital Wallet security and the hosting and maintenance of NFTs, to fully understand the Rent or the Purchase and to enable you to use the Movie, to receive, store, and maintain the NFT. You represent and warrant that you and/or your advisors have obtained sufficient information to make an informed decision to make Rent payments or Purchase payments and have carefully reviewed the terms and code of the NFT’s Smart Contract to fully understand those terms and the functionality of those terms.

8.3. You acknowledge and agree that the Movie as well as the NFT is provided “as is” and “as available” without warranties of any kind other than that the Movie or the NFT has qualities specifically described and expressed on the Website and/or in the Smart Contract of the NFT.

8.4. Your access to and use of the Bitflix platform, the Movie or the NFT is at your own risk.

8.5. You agree that the Company is not responsible and will have no liability for consequences of any fact or any risk related to the nature of NFTs, to the Blockchain, to your Digital Wallet or to Smart Contracts, to their technical, legal and other characteristics and issues, namely those listed below.

8.6. You also specifically agree that in no event will the Company be liable to you for all claims based on the Rent or Purchase of the Movie and providing the NFT in excess of the amount of the Rent payment or the Purchase payment effectively paid to the Company for the NFT. Transactions relating to NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

8.7. You acknowledge that you are aware of the risks related to NFTs, namely the following ones (given only as examples):

• a. Economic risks: digital assets, tokens and NFTs may be subject to significant price fluctuations up and down; the magnitude of such fluctuations is difficult to predict and cannot be guaranteed.
• b. Technological risks:
  • The NFT is stored in an electronic wallet to which a unique private key is associated. Theft, loss or hacking of private keys implies the permanent loss of the NFT.
  • Transferring NFTs to incompatible Digital Wallets or incorrect Digital Wallet Addresses will result in permanent loss of the NFT.
  • Responsibility for Smart Contract security and potential vulnerabilities lies entirely with you.
• c. Regulatory risks: legal and tax risks related to NFTs due to evolving regulations, which may impact the operation of the Blockchain and resale possibilities.

8.8. The Movies and NFTs are intended for personal enjoyment, use and consumption only. They are not intended to be used for any business activities and are not classified as securities or investment instruments.

8.9. The Company has the right to shut down, change or disable the Website temporarily for maintenance and security reasons without compensation.

8.10. Use of third-party platforms integrated with the Website is subject to their terms and conditions.

8.11. The Company is not responsible for third-party services or benefits and you agree not to sue the Company based on third-party activities.

9. Final Provisions

9.1. You may not assign any of your rights or obligations under the Contract of Use, these Terms, and/or the Smart Contract, whether by operation of law or otherwise, without our prior written consent.

9.2. The Company may assign its rights and obligations under the Contract of Use, these Terms, and/or the Smart Contract to an affiliate.

9.3. The Company is not bound by any codes of conduct that are binding on them or that they would voluntarily comply with.

9.4. These Terms constitute the entire agreement between you and the Company and supersede any and all prior or contemporaneous representations, understandings, and agreements with respect to the subject matter of these Terms, all of which are hereby merged into these Terms.

9.5. The Company may choose to make additional features, access, content, items, or other benefits available to you as the Owners of NFTs and User of the Movies. These additional features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.

9.6. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed separable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by the Company or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

9.7. These Terms, the Contract of Use, and the Smart Contract concluded between you and the Company as well as any other legal relation between you and the Company which relate to any NFT minted by the Company that you have acquired, or to the Movie made available towards you, shall be governed by and interpreted in accordance with the laws of the United States of America, irrespective of its choice of law provisions.

9.8. All disputes arising out of or in connection with legal relations according to the previous paragraph shall be finally submitted to and settled by the courts of the United States of America. The competent court shall be determined based on the address of the registered seat of the Company.