> For the complete documentation index, see [llms.txt](https://myduckly.gitbook.io/whitepaper-myduckly/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://myduckly.gitbook.io/whitepaper-myduckly/terms-of-service.md). # Terms of Service **Last Updated: March 18, 2025** ### 1. AGREEMENT TO TERMS These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and MyDuckly ("**Company**," "**we**," "**us**," or "**our**"), concerning your access to and use of the MyDuckly NFT game and platform (the "**Game**"). You agree that by accessing the Game, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE GAME AND YOU MUST DISCONTINUE USE IMMEDIATELY. ### 2. DEFINITIONS * **"Blockchain"** refers to a distributed digital ledger of transactions maintained by a distributed network of computers. * **"Cryptocurrency"** refers to digital currency that uses cryptography for security and operates independently of a central authority. * **"Digital Asset"** refers to a non-tangible asset that is created, traded, and stored in a digital format, including but not limited to NFTs. * **"NFT"** or **"Non-Fungible Token"** refers to a cryptographic token on the Blockchain that represents a unique asset. * **"Smart Contract"** refers to a self-executing contract with the terms of the agreement directly written into code. * **"Wallet"** refers to a digital tool that allows users to store and manage their digital assets and cryptocurrencies. ### 3. ELIGIBILITY You must be at least 18 years old to use this Game. By using the Game, you represent and warrant that you: (1) are at least 18 years of age; (2) have the legal capacity to enter into these Terms; (3) have not been previously suspended or removed from the Game; and (4) your use of the Game does not violate any applicable law or regulation. ### 4. ACCOUNT REGISTRATION To access certain features of the Game, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, username, password, digital wallet information, or other personal information. You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You accept responsibility for all activities that occur under your account or password. ### 5. NFT OWNERSHIP AND LICENSE #### 5.1 Ownership of NFTs When you purchase an NFT through the Game, you own the underlying NFT completely. Ownership of the NFT is mediated entirely by the relevant Smart Contract and the Blockchain network. As the owner of the NFT, you have the full right to sell, trade, transfer, or otherwise dispose of your NFT as you see fit on any compatible marketplace or platform. This ownership right to the NFT token itself is distinct from the limited license to the NFT Content described in section 5.2. #### 5.2 Limited License to Art and Content Each NFT is associated with certain artwork, animations, or other content ("NFT Content"). The NFT Content is protected by copyright, trademark, and other intellectual property laws. When you purchase an NFT, you do not own the underlying NFT Content. Instead, we grant you a limited, worldwide, non-exclusive, non-transferable, revocable license to use, view, and display the NFT Content for your purchased NFTs, solely for the following purposes: * For your own personal, non-commercial use; * As part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies each NFT owner's rights to display the NFT Content; and * As part of a third-party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner's rights to display the NFT Content. This license does not grant you any rights to: * Use the NFT Content for commercial purposes without obtaining separate written permission; * Modify, create derivative works, or reproduce the NFT Content; * Use the NFT Content in connection with media that depicts hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; * Sell, distribute, or otherwise commercialize merchandise that includes, contains, or features the NFT Content; * Attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT Content; or * Otherwise utilize the NFT Content for your commercial or personal benefit except as expressly permitted in these Terms. We reserve the right to modify or revoke this license at any time in the event of any actual or threatened breach of these Terms. ### 6. GAMEPLAY AND VIRTUAL ITEMS #### 6.1 Game Mechanics The Game may include various features such as battles, quests, tournaments, trading, and other interactive elements. We reserve the right to modify, add, or remove game features at any time and for any reason. #### 6.2 Virtual Currency and Items The Game may include virtual currency or items that can be purchased with real money or earned through gameplay. Virtual currency and items have no real-world value and cannot be exchanged for real money or items with real-world value from the Company. #### 6.3 NFT Integration NFTs can be used within the Game according to the rules established by the Company. The functionality of NFTs within the Game is subject to change at the Company's discretion. ### 7. FEES AND PAYMENT #### 7.1 Transaction Fees All transactions on the Blockchain, including those involving NFTs, may be subject to transaction fees (commonly known as "gas fees") charged by the Blockchain network. These fees are not set by and do not go to the Company. #### 7.2 Service Fees We may charge fees for various features, services, or transactions within the Game. You agree to pay all applicable fees and authorize us to charge the payment method you provide for these fees. #### 7.3 Price Changes We reserve the right to determine pricing for the Game. We will make reasonable efforts to keep pricing information published on the Game up to date. We encourage you to check our Game periodically for current pricing information. ### 8. INTELLECTUAL PROPERTY RIGHTS #### 8.1 Game Content The Game and its original content (excluding NFT Content owned by users), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Game is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. #### 8.2 User Content You may be able to create, post, or share content while using the Game ("User Content"). By creating, posting, or sharing User Content on or through the Game, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, and display your User Content in connection with operating and providing the Game. ### 9. PROHIBITED ACTIVITIES You agree not to: * Use the Game in any manner that could disable, overburden, damage, or impair the Game or interfere with any other party's use of the Game. * Use any robot, spider, or other automatic device, process, or means to access the Game for any purpose, including monitoring or copying any of the material on the Game. * Use any manual process to monitor or copy any of the material on the Game or for any other unauthorized purpose without our prior written consent. * Use any device, software, or routine that interferes with the proper working of the Game. * Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. * Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Game, the server on which the Game is stored, or any server, computer, or database connected to the Game. * Attack the Game via a denial-of-service attack or a distributed denial-of-service attack. * Use, develop, or distribute cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software designed to modify or interfere with the Game. * Exploit bugs, glitches, or design flaws in the Game to gain advantages, acquire virtual items, cryptocurrency, NFTs, or other benefits that are not intentionally offered by the Game's intended mechanics. * Sell, buy, or trade in-game currency, items, or accounts for real-world value outside of approved marketplaces or mechanisms provided by the Company. * Otherwise attempt to interfere with the proper working of the Game. #### 9.1 Consequences of Violating Prohibited Activities If you engage in any of the prohibited activities described above: * Your account may be immediately terminated, and you may be permanently banned from the Game. * Any NFTs or other digital assets associated with your account at the time of termination may be marked as associated with prohibited activity. * Marked NFTs may have restricted functionality within the Game ecosystem, including limitations on future transfers or participation in Game features. * If, after being banned, you create or attempt to create another account, that new account may also be terminated once discovered. * We reserve the right to refuse service to anyone who has previously violated these Terms of Service. #### 9.2 Reporting Vulnerabilities and Exploits If you discover a vulnerability, exploit, bug, or any other issue in the Game that could potentially be misused: * You are required to report it immediately to our security team at . * Do not disclose the vulnerability publicly or to any third party before the Company has had a reasonable time to address the issue. * Do not exploit the vulnerability for your own benefit or the benefit of others. * Users who responsibly disclose vulnerabilities may be eligible for recognition or rewards at the Company's discretion through our bug bounty program. Failure to report known vulnerabilities or exploits may be considered a violation of these Terms of Service. ### 10. RISK DISCLOSURE #### 10.1 Cryptocurrency Risks You understand that cryptocurrencies and blockchain technologies are new and untested technologies outside of our control. Transactions in cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. #### 10.2 Market Risks The value of NFTs and cryptocurrencies can be extremely volatile. You acknowledge the risks associated with purchasing, owning, and using NFTs for any purpose. #### 10.3 Regulatory Risks The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Game and the utility of NFTs. ### 11. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE GAME, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ### 12. INDEMNIFICATION You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Game. ### 13. TERM AND TERMINATION These Terms of Service shall remain in full force and effect while you use the Game. We may terminate or suspend your account and access to the Game immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms of Service. ### 14. MODIFICATIONS TO THE TERMS OF SERVICE We reserve the right to modify these Terms of Service at any time. If we make changes to these Terms of Service, we will provide notice of such changes by updating the "Last Updated" date at the top of these Terms of Service and by posting a notification in the Game. Your continued use of the Game following the posting of revised Terms of Service means that you accept and agree to the changes. ### 15. GOVERNING LAW These Terms of Service and your use of the Game shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles. ### 16. DISPUTE RESOLUTION #### 16.1 Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service ("Dispute"), you and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. #### 16.2 Binding Arbitration If you and the Company are unable to resolve a Dispute through informal negotiations, the Dispute shall be determined by binding arbitration in Stockholm, Sweden, before one arbitrator. #### 16.3 Waiver of Class Actions ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ### 17. CONTACT INFORMATION Questions or comments about the Game or these Terms of Service may be directed to our support team at . ### 18. SEVERABILITY If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. ### 19. WAIVER Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. ### 20. ENTIRE AGREEMENT These Terms of Service, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Game and supersede all prior and contemporaneous written or oral agreements between you and the Company. BY USING THE GAME, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.