Terms of Service

Welcome to Cyborg Sentience, a project operated by Cyborg Studios ("we," "us," or "our"). By accessing or using our website, smart contracts, or services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

We reserve the right to modify these Terms at any time. Your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

To use the Platform, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform under applicable laws
• Comply with all local laws regarding online conduct and acceptable content

By using the Platform, you represent and warrant that you meet these eligibility requirements.

If you are a consumer residing in the European Union, you have certain statutory rights that cannot be waived or limited by these Terms. These include but are not limited to:

• Right of Withdrawal: Due to the nature of digital content and blockchain transactions being irreversible, the right of withdrawal under Directive 2011/83/EU does not apply to NFT purchases once the transaction is confirmed on the blockchain.
• GDPR Rights: Rights to access, rectification, erasure, restriction of processing, data portability, and objection to processing of your personal data under GDPR (Regulation (EU) 2016/679).
• Consumer Protection: Protection against unfair commercial practices under Directive 2005/29/EC.
• Dispute Resolution: Access to EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr

Nothing in these Terms limits or excludes your mandatory consumer rights under EU law. In case of conflict between these Terms and mandatory EU consumer protection laws, the mandatory laws shall prevail.

3.1 Ownership

When you purchase or mint a Cyborg Sentience NFT, you own the underlying ERC-1155 token on the Ethereum blockchain. Ownership of the NFT is mediated entirely by the blockchain smart contract and recorded on the distributed ledger.

3.2 Intellectual Property Rights

Subject to your compliance with these Terms, Cyborg Studios grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the artwork associated with your owned NFT for the following purposes:

• Personal, non-commercial use
• Display on third-party marketplaces or platforms for the purpose of resale
• Display on social media profiles

3.3 Commercial Rights

NFT holders are granted limited commercial rights to use their owned NFT's artwork for:

• Merchandise and derivative works (subject to a $100,000 annual revenue cap per NFT)
• Digital content creation (videos, streams, etc.)
• Promotional materials related to your NFT ownership

3.4 Restrictions

You may NOT:

• Modify, distort, or misrepresent the artwork in a way that damages the Cyborg Sentience brand
• Use the artwork in connection with hateful, violent, or illegal content
• Use the artwork to promote or endorse third-party products without our written consent
• Register trademarks, copyrights, or other intellectual property rights in the artwork
• Claim ownership of the underlying intellectual property (only the license is granted)

3.5 License Termination

These licenses automatically terminate when you no longer own the NFT. Upon transfer or sale of your NFT, all rights granted to you transfer to the new owner.

4.1 Smart Contract Control

All NFT transactions are governed by smart contracts deployed on the Ethereum blockchain. Once deployed, smart contracts are immutable and operate autonomously. We do not have the ability to:

• Reverse transactions
• Retrieve lost or stolen NFTs
• Modify token balances
• Alter the fundamental mechanics of minting, burning, or evolution

4.2 Gas Fees

All blockchain transactions require payment of "gas fees" to Ethereum miners/validators. These fees are separate from any mint price and are NOT controlled by us. Gas fees are non-refundable, even if a transaction fails.

4.3 Irreversible Transactions

BLOCKCHAIN TRANSACTIONS ARE IRREVERSIBLE. Once you burn an NFT, it is permanently destroyed and cannot be recovered. Once you transfer or sell an NFT, the transaction cannot be undone. Exercise caution when interacting with smart contracts.

4.4 Smart Contract Risks

While our smart contracts are built using industry-standard OpenZeppelin libraries, smart contracts may contain bugs, vulnerabilities, or unforeseen issues. By using the Platform, you acknowledge and accept these risks. We are not liable for any losses resulting from smart contract exploits, bugs, or vulnerabilities.

5.1 Evolution Mechanics

Cyborg Sentience features a three-stage evolution system: Origins → Ascendant → Sentience. Evolution requires:

• Origins → Ascendant: Choice to either (a) keep Origins and pay 0.05 ETH, or (b) burn Origins and pay 0.05 ETH
• Ascendant → Sentience: Mandatory burn of Ascendant NFT plus payment of 0.1 ETH

5.1a Wallet Minting Limits

To ensure fair distribution, the smart contracts enforce per-wallet minting limits for each character (token ID):

• Origins: Maximum 5 editions per wallet per character
• Ascendant: Maximum 3 editions per wallet per character
• Sentience: Maximum 2 editions per wallet per character

These limits apply to minting and evolution operations only. You may hold more editions by purchasing on secondary markets. The limits are enforced per character, meaning you can mint up to the maximum for multiple different characters.

5.2 Burning is Permanent

BURNING AN NFT IS PERMANENT AND IRREVERSIBLE. When you burn an NFT:

• The token is permanently destroyed from the blockchain
• You receive the next evolution stage NFT in return
• You may receive a bonus NFT if eligible (first 300 burners per character)
• There is NO way to undo this action or recover the burned NFT

5.3 Bonus Rewards

Bonus rewards are distributed on a first-come, first-served basis (first 300 burners per character per evolution stage). Bonus eligibility is determined by the smart contract at the time of burning. We make no guarantees that bonuses will be available for any specific character at any given time.

5.4 No Refunds

All minting, burning, and evolution transactions are final. We do not offer refunds under any circumstances, including:

• Change of mind after minting or burning
• Accidental transactions
• Missing out on bonus rewards
• Market price fluctuations
• Technical issues or user error

This section does not limit any mandatory consumer rights that cannot be waived under applicable EU law.

You are solely responsible for the security of your cryptocurrency wallet and private keys. We do not have access to your wallet, private keys, or seed phrases. You acknowledge and agree that:

• You are responsible for maintaining the confidentiality of your private keys
• We cannot recover lost or stolen NFTs, funds, or private keys
• We are not responsible for unauthorized access to your wallet
• You should never share your private keys or seed phrase with anyone
• You should verify all transaction details before confirming

IF YOU LOSE ACCESS TO YOUR WALLET, YOUR NFTs MAY BE PERMANENTLY LOST.

You agree NOT to:

• Use the Platform for any illegal purposes or in violation of any laws
• Engage in market manipulation, wash trading, or other fraudulent activities
• Attempt to exploit bugs, vulnerabilities, or unintended features of the smart contracts
• Use automated tools (bots) to gain unfair advantage in minting or trading
• Impersonate Cyborg Studios or our team members
• Interfere with or disrupt the Platform or servers
• Upload malware, viruses, or harmful code
• Harass, abuse, or harm other users
• Scrape, data-mine, or extract data from the Platform without permission
• Reverse engineer or decompile any aspect of the Platform
• Use the Platform to promote illegal activities, hate speech, or violence

8.1 "As Is" Basis

THE PLATFORM AND ALL NFTs ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Investment Advice

NFTs ARE NOT INVESTMENTS. We make no representations or guarantees regarding the value, utility, or future price of any NFT. You should not purchase NFTs with the expectation of profit. NFT prices may fluctuate significantly and you may lose all value invested.

8.3 No Guarantee of Availability

We do not guarantee that:

• The Platform will be available at all times or free from errors
• Metadata or artwork will be permanently accessible
• Third-party services (IPFS, marketplaces, wallets) will continue to function
• Future development or features will be implemented as described

8.4 Third-Party Services

The Platform may integrate with third-party services (wallets, marketplaces, IPFS providers). We are not responsible for the availability, security, or functionality of these third-party services. Your use of third-party services is subject to their own terms and policies.

8.5 Regulatory Uncertainty

The regulatory framework surrounding NFTs and cryptocurrencies is evolving and uncertain. Future laws or regulations may impact the Platform or your ability to use, trade, or own NFTs. We make no representations about compliance with future regulations.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBORG STUDIOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Loss or theft of NFTs, cryptocurrency, or digital assets
• Smart contract bugs, exploits, or vulnerabilities
• Blockchain network failures or congestion
• Unauthorized access to your wallet
• Third-party services or marketplaces
• Changes in NFT value or market conditions
• Regulatory or legal actions

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS LESS.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Cyborg Studios and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any rights of third parties
• Your use of NFT artwork beyond the granted licenses
• Any fraudulent or illegal activity you engage in

11.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at legal@cyborgstudios.io to attempt to resolve the dispute informally for at least 30 days.

11.2 Legal Proceedings

If informal resolution fails, any dispute arising from these Terms or your use of the Platform shall be resolved in accordance with the applicable laws and regulations of the European Union and the member state in which you reside. You retain all consumer rights afforded to you under EU law, including but not limited to Directive 2013/11/EU on alternative dispute resolution for consumer disputes and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes.

11.3 EU Consumer Rights

Nothing in these Terms shall limit or exclude your statutory rights as a consumer under EU law. If you are a consumer residing in the European Union, you have the right to bring legal proceedings in the courts of your EU member state of residence or in the courts where we are established.

11.4 Exceptions

Either party may seek injunctive or equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the European Union and applicable EU member state law. Where you are a consumer residing in the EU, you benefit from mandatory consumer protection provisions under EU law and the law of your country of residence.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of your EU member state of residence (if you are a consumer) or the courts of the jurisdiction where Cyborg Studios is established.

GDPR Compliance: We are committed to compliance with the General Data Protection Regulation (GDPR). For information on how we collect, use, and protect your personal data, please see our Privacy Policy.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the "Last Updated" date at the top of this page
• Posting a notice on our website or Discord
• Sending an email to registered users (if applicable)

Your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cyborg Studios regarding the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

If you have questions about these Terms of Service, please contact us at: