Terms of
Service

You must be legally permitted to use the Services in your jurisdiction.

You must not use the Services if:

• You are under the legal age required to enter into binding contracts in your jurisdiction.
• Your use of the Services would violate any applicable law or regulation.
• You are located in, ordinarily resident in, or accessing the Services from a jurisdiction where NFTs, cryptocurrency, blockchain transactions, or the Services are prohibited or restricted.
• You are subject to applicable sanctions or restrictions imposed by any competent governmental authority.
• You are using the Services on behalf of another person or entity without proper authority.

OTTO reserves the right to restrict, suspend, or refuse access to any person where OTTO reasonably believes that doing so is necessary for legal, regulatory, security, compliance, or operational reasons.

OTTO NFTs are blockchain-based digital collectibles created and issued through smart contracts on the Ethereum blockchain.

Unless expressly stated otherwise, an OTTO NFT is a digital collectible and not a financial product, security, investment contract, currency, or promise of future financial return.

Purchasing or minting an OTTO NFT does not provide you with:

• Ownership of OTTO CLUB NFT INC.
• Equity, shares, voting rights, or ownership interests in OTTO.
• A right to dividends, profits, revenue, royalties, or other financial distributions.
• A guarantee of any future value or financial return.
• A right to participate in the management or operation of OTTO.
• Any ownership interest in OTTO CLUB NFT INC or its assets.

OTTO NFTs may have little or no monetary value and may become impossible to sell, transfer, or otherwise use.

Nothing contained on the Services constitutes financial, investment, legal, tax, accounting, or other professional advice.

OTTO does not recommend that you purchase, mint, sell, hold, transfer, or otherwise interact with an OTTO NFT or any cryptocurrency.

Any statements concerning the OTTO project, roadmap, artwork, technology, community, ecosystem, utility, future plans, or development are provided for informational purposes only and must not be interpreted as a promise, guarantee, prediction, or representation of financial performance.

You are solely responsible for conducting your own research and obtaining independent professional advice where appropriate.

You should not participate in an NFT mint using money you cannot afford to lose.

OTTO NFTs may be made available through one or more mint phases, including whitelist, priority whitelist, first-come-first-served ("FCFS"), and public mint phases.

Mint availability, supply, pricing, wallet limits, eligibility requirements, and other conditions may be announced through official OTTO channels.

All blockchain transactions are subject to the applicable blockchain network and smart contract.

Once a mint transaction has been successfully confirmed on the Ethereum blockchain, it is generally irreversible.

OTTO is not responsible for:

• Incorrect wallet addresses.
• Lost or inaccessible wallets.
• Lost private keys or seed phrases.
• Failed, rejected, or delayed blockchain transactions.
• Ethereum network congestion.
• Gas or network fees.
• Smart contract failures outside OTTO's reasonable control.
• Transactions sent to an incorrect wallet address.
• Third-party wallet, marketplace, infrastructure, or blockchain failures.

You are solely responsible for reviewing and confirming every transaction before signing it.

Any applicable mint price and mint conditions will be communicated through official OTTO channels.

Blockchain network fees, including Ethereum gas fees, are separate from the OTTO mint price unless expressly stated otherwise.

OTTO does not control Ethereum network fees and is not responsible for changes or fluctuations in gas prices.

OTTO reserves the right to modify mint conditions before a mint begins where reasonably necessary for legal, technical, security, operational, or other legitimate reasons.

Whitelist, Priority WL, FCFS, referral, allowlist, and other access systems are mechanisms used to determine eligibility or priority for participation in a mint.

Receiving a whitelist or Priority WL designation does not guarantee that you will successfully mint an NFT.

NFT availability is limited and may sell out.

OTTO may revoke or modify whitelist eligibility where it reasonably believes that a participant has engaged in:

• Fraud.
• Referral abuse.
• Multiple-account abuse.
• Botting or automated minting where prohibited.
• Manipulation of whitelist systems.
• Impersonation.
• Misrepresentation.
• Other conduct that violates these Terms or the rules of the relevant mint.

OTTO reserves the right to establish, modify, suspend, or terminate whitelist criteria and mint phases where reasonably necessary.

You are solely responsible for the security of your cryptocurrency wallet.

OTTO will never legitimately require you to provide:

• Your private key.
• Your seed phrase.
• Your recovery phrase.
• Your wallet password.

Never provide these details to anyone claiming to represent OTTO. OTTO is not responsible for assets lost through phishing, scams, impersonation, malicious websites, compromised wallets, malicious smart contracts, fraudulent transactions, or user error. You are responsible for independently verifying official OTTO websites, social media accounts, Discord channels, and mint links before connecting your wallet or signing a transaction.

You acknowledge that blockchain technology involves significant technological, financial, operational, and security risks.

Transactions recorded on public blockchains may be irreversible.

Ethereum and other blockchain networks may experience:

• Congestion.
• Outages.
• Forks.
• Network upgrades.
• Attacks.
• Exploits.
• Unexpected technical failures.
• Changes to network functionality.

OTTO does not control Ethereum, blockchain validators, cryptocurrency wallets, marketplaces, third-party infrastructure, or decentralised networks. You accept all risks associated with using blockchain technology, cryptocurrency, NFTs, smart contracts, and digital assets.

When you lawfully acquire an OTTO NFT, ownership of the applicable blockchain token is recorded on the Ethereum blockchain.

Ownership of an NFT does not automatically transfer ownership of the underlying artwork, intellectual property, trademarks, software, branding, or other intellectual property belonging to OTTO.

An OTTO NFT may be transferred or sold through compatible third-party platforms, subject to the rules and functionality of those platforms.

OTTO does not guarantee that an OTTO NFT will remain compatible with any particular marketplace, wallet, application, platform, or third-party service.

All OTTO artwork, branding, logos, names, website content, graphics, designs, software, text, trademarks, characters, and other materials provided by OTTO ("OTTO IP") are owned by or licensed to OTTO unless otherwise stated.

Purchasing an OTTO NFT does not transfer ownership of OTTO IP.

Subject to these Terms, the lawful holder of an OTTO NFT receives a limited, worldwide, non-exclusive, non-transferable licence to display the associated NFT artwork for personal, non-commercial purposes while that person lawfully owns the NFT.

Unless expressly authorised by OTTO in writing, you may not:

• Claim ownership of OTTO IP.
• Register OTTO IP as a trademark.
• Use OTTO IP to imply endorsement by OTTO.
• Use OTTO IP for unlawful, fraudulent, defamatory, hateful, or offensive purposes.
• Create commercial merchandise using OTTO IP.
• License or sublicense OTTO IP to another person.
• Use OTTO IP to create a competing NFT project.
• Reproduce, distribute, or commercially exploit OTTO IP beyond the rights expressly granted in these Terms.

Any additional commercial rights expressly granted by OTTO will be governed by separate written terms.

Any roadmap, development plan, proposed feature, utility, community initiative, partnership, event, game, application, or other future plan communicated by OTTO is subject to change.

A roadmap is not a guarantee that any particular feature, product, utility, partnership, or development will be completed or delivered.

OTTO may modify, delay, replace, or discontinue planned developments where reasonably necessary.

You should not purchase an NFT based solely on expectations regarding future development.

You must not use the Services to:

• Commit fraud or deception.
• Conduct money laundering or terrorist financing.
• Circumvent applicable sanctions.
• Manipulate whitelist or mint systems.
• Use prohibited bots or automated systems.
• Exploit bugs, vulnerabilities, or errors.
• Attack, disrupt, or interfere with the Services.
• Attempt unauthorised access to accounts, systems, servers, or smart contracts.
• Impersonate OTTO, its employees, administrators, moderators, or community members.
• Conduct phishing or distribute malicious links.
• Harass, threaten, doxx, or abuse other community members.
• Distribute malware or malicious software.
• Manipulate or intentionally misrepresent information relating to OTTO.
• Circumvent geographical, technical, or eligibility restrictions.
• Use the Services for any unlawful purpose.

OTTO may suspend, restrict, or permanently terminate access for violations of these Terms.

OTTO may operate or participate in community channels including Discord, X, Telegram, or other platforms.

Community channels may have additional rules that apply alongside these Terms.

OTTO does not guarantee that every message, account, moderator, administrator, or third party claiming to represent OTTO is authentic.

Official links should always be verified through the official OTTO website.

OTTO is not responsible for scams, impersonation, fraudulent messages, malicious links, or other activity conducted by unauthorised third parties through community platforms.

The Services may contain links to or integrations with third-party websites, cryptocurrency wallets, NFT marketplaces, social media platforms, payment providers, blockchain infrastructure, or other third-party services.

Third-party services are not controlled by OTTO.

Your use of third-party services is subject to the terms and policies of those third parties.

OTTO does not guarantee the availability, security, accuracy, legality, or reliability of any third-party service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND OTTO NFTs ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

OTTO MAKES NO REPRESENTATION OR WARRANTY THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE.
• THE WEBSITE WILL BE ERROR-FREE.
• THE SMART CONTRACTS WILL BE COMPLETELY FREE FROM VULNERABILITIES.
• THE SERVICES WILL BE SECURE AT ALL TIMES.
• AN OTTO NFT WILL HAVE ANY PARTICULAR VALUE.
• AN OTTO NFT WILL RETAIN ANY VALUE.
• AN OTTO NFT WILL BE SELLABLE OR TRANSFERABLE AT ANY PARTICULAR TIME.
• ANY ROADMAP OR FUTURE DEVELOPMENT WILL BE COMPLETED.
• ANY PARTICULAR UTILITY WILL REMAIN AVAILABLE.
• THE SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

OTTO takes reasonable measures to protect its Services but cannot guarantee that any website, smart contract, blockchain system, server, or digital service will be completely secure.

You acknowledge that digital assets may be lost through hacking, phishing, malware, compromised devices, malicious contracts, fraudulent websites, wallet exploits, social engineering, or other security incidents.

You use the Services at your own risk.

You are solely responsible for determining and paying any taxes, duties, reporting obligations, or governmental charges that may arise from your purchase, mint, ownership, sale, transfer, or other use of an OTTO NFT or digital asset.

OTTO does not provide tax advice.

OTTO may implement procedures and restrictions necessary to comply with applicable laws and regulations.

These measures may include restrictions based on jurisdiction, sanctions, anti-money laundering requirements, counter-terrorist financing requirements, fraud prevention, identity verification, transaction monitoring, or other compliance requirements.

Where legally required or reasonably necessary for compliance purposes, OTTO may refuse, suspend, restrict, or terminate access to the Services.

The British Virgin Islands has a regulatory framework governing certain virtual asset service activities under the Virtual Assets Service Providers Act, 2022. The BVI Financial Services Commission has stated that NFT sales may fall within the scope of the regime where they satisfy the statutory definitions.

Nothing in these Terms constitutes a representation that OTTO CLUB NFT INC is licensed, registered, approved, authorised, or regulated by the BVI Financial Services Commission or any other regulatory authority unless OTTO expressly states otherwise.

OTTO may suspend, restrict, or terminate your access to the Services if:

• You breach these Terms.
• OTTO reasonably suspects fraud or unlawful activity.
• Your conduct creates a security risk.
• Your activity may expose OTTO to legal or regulatory risk.
• OTTO is required to do so by law or governmental authority.
• OTTO discontinues or materially changes the Services.

Termination does not affect rights or obligations that accrued before termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTTO CLUB NFT INC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, SERVICE PROVIDERS, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR OTTO NFTs.

THIS INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DIGITAL ASSETS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF NFT VALUE, LOSS RESULTING FROM WALLET COMPROMISE, OR LOSS RESULTING FROM BLOCKCHAIN OR THIRD-PARTY FAILURES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF OTTO CLUB NFT INC ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID DIRECTLY TO OTTO FOR THE RELEVANT SERVICE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) USD $100.

Nothing in these Terms limits liability that cannot legally be limited under applicable law.

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OTTO CLUB NFT INC, its affiliates, directors, officers, employees, contractors, agents, and representatives from claims, losses, liabilities, damages, costs, and expenses arising from or relating to:

• Your breach of these Terms.
• Your unlawful use of the Services.
• Your violation of another person's rights.
• Your misuse of an OTTO NFT.
• Your wallet or account activity.
• Your violation of applicable laws or regulations.
• Your fraudulent or negligent conduct.

OTTO may update these Terms from time to time.

Updated Terms will become effective when published on the OTTO website unless otherwise stated.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

If you do not agree to updated Terms, you must stop using the Services.

Your use of the Services may involve the collection and processing of personal information.

Any personal information collected by OTTO will be handled in accordance with OTTO's Privacy Policy.

The Privacy Policy forms part of these Terms.

These Terms and your use of the Services shall be governed by and interpreted in accordance with the laws of the British Virgin Islands, without regard to conflict-of-law principles, except to the extent mandatory laws of another jurisdiction apply.

Before commencing formal proceedings, you agree to contact OTTO and provide a reasonable opportunity to resolve the dispute informally.

To the extent permitted by applicable law, disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of the British Virgin Islands.

Nothing in this section prevents either party from seeking urgent or interim injunctive relief from a court of competent jurisdiction.

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

A failure by OTTO to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of OTTO.

OTTO may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, corporate reorganisation, or other legitimate business transaction.

These Terms, together with the applicable Privacy Policy, mint conditions, NFT-specific terms, community rules, and any other policies expressly incorporated into these Terms, constitute the entire agreement between you and OTTO concerning your use of the Services.

The Services are operated by OTTO CLUB NFT INC, British Virgin Islands.

Official Website: ottoclub.io