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TERMS AND CONDITIONS

Before starting to use Sealo's services, it is important that every user reads and is aware of the Terms and Conditions of Service, as well as the Privacy Policy, which contain important information about the relationship between the users of the services (the "Users" or the "User") and Sealo itself.

These Terms and Conditions of Use (the "Terms and Conditions") and the Privacy Policy, available here (https://sealo.app/privacy), apply to the use of the services as described below in Art.1 (the "services"), governing the contractual relationship between Sealo, the owner and provider of the services, and each User.

Acceptance of these Terms and Conditions, and any related Attachments, by each User is a prerequisite for their Registration and for being able to use the services. By using Sealo's proprietary platform and accessing the services, each User confirms that they have read, understood, and fully accepted these Terms and Conditions, as well as the Privacy Policy.

The services are offered by Sealo S.r.l., Strada Trossi 41, Verrone (Bi), Italy ("Sealo").

1. Description of Services

Sealo's services are provided through the use of Sealo's proprietary platform and allow creators and brand owners to increase loyalty and build strong and lasting relationships with their customers and fans through the creation, sending, and redemption of NFT digital assets, direct communication, and the recognition of Users based on the NFTs they own, followed by data analysis.

Sealo's proprietary platform (the "Platform") is accessible to different types of users (the "Users") through three different interfaces:

  • Sealo Dashboard (Dashboard) - through which the services are directed at creators and companies ("Business Users" as defined below)
  • Sealo WebApp (WebApp) - through which the services are directed at creators and companies ("Business Users")
  • Sealo Mobile Application (Mobile App) - through which the services are provided to end consumers ("Retail Users" as defined below)

The creation and NFT services are provided using Blockchain technology; Sealo utilizes blockchain technologies provided by third parties.

To access the services and their features, each User must register correctly on the Platform through a simple and user-friendly process.

It is understood that a User who does not complete the Registration process will not be able to access the chosen services, regardless of the type of User accessing the services and the type of interface chosen by the User to access them.

2. Types of Users and Registration Data

The User can register simply by accessing the Mobile App. Following the Registration process, the User must provide the following mandatory data ("Essential Data"):

  • Username of the User's choice

Additionally, the User may provide, if necessary, the following additional data to access the Dashboard and receive invoices ("Optional Data"):

  • Mobile phone number
  • Email address
  • Company or individual personal data
  • VAT number or Tax Code
  • Mobile phone number
  • Credit card information

The User, informed during Registration about the purposes of the services and the related delivery methods, must accept these Terms and Conditions associated with the services they are activating in order to complete the Registration process.

The Company reserves the right to refuse a User's Registration if it is reasonably believed that the User will not comply with the Terms and Conditions and/or any documents attached to them, or if irregularities are found during the identification phase that precedes verification.

Users who use Sealo's services can be of two types:

  • Business Users – These are mainly companies, legal entities, who use Sealo to create web3 projects, that is essentially to create and manage NFTs using blockchain technology and to build relationships with Retail Users
  • Retail Users – These are mainly individuals, natural persons, who use Sealo to receive NFTs created by Business Users

Where not specifically defined, the term User or Users refers to both Business Users and Retail Users collectively.

3. Registration, Account Creation, and Use for Retail Users

Registration on the Sealo platform is carried out by creating an account for Retail Users ("Retail Account"). Following the instructions, the User accesses the App, enters the Essential Data, and sets a five-digit PIN code that will later be used to confirm the redemption of NFTs or other actions.

The App requires the User to save a Backup of the Seed Phrase (a security key composed of twelve words) in their cloud or by writing it down. The Seed Phrase is necessary for the User to recover the Retail Account in case of Logout, app uninstallation, device change, or other circumstances. If the user decides to save a Backup of the Seed Phrase in the cloud, depending on the operating system (Android or iOS), the words will be stored in the same way that Apple and Android save passwords for all other digital services.

It is particularly noted that the Seed Phrase received during registration is the only way to log in and recover a Retail Account; if lost, it will be impossible to recover the Account. Sealo does not know or access the Seed Phrase provided to each User during Registration, as the User is the sole custodian of it; therefore, Sealo suggests saving the Seed Phrase in the user's cloud.

If the Retail User wishes to delete the Retail Account, they can do so at any time by sending a written communication to Sealo at the email address: [email protected]; consequently, Sealo will delete images, texts, and similar data; however, it will be impossible to delete data stored on the blockchain, which will remain there even after the deletion of the Retail Account. In case of Retail Account deletion, Sealo suggests that Users delete the Seed Phrase from any support, including their cloud.

4. Registration, Account Creation, and Use for Business Users

For Business Users, initial registration on the Sealo platform is also required by creating an account for Retail Users ("Retail Account").

Once the Retail Account is created, the User may choose to create an account for Business Users ("Business Account"). The Business Account allows Business Users to access numerous features that help build a lasting relationship with their customers and fans, who access Sealo as Retail Users. Specifically, Business Users can use the following features:

  • Business Account Personalization
  • Creation of new NFT collections, with content customization and the deployment of specific Smart Contracts on the blockchain for each created collection
  • Creation of new NFTs within the created collections
  • Sending NFTs programmatically to Retail Users
  • Creation of personalized communications for Retail Users connected to the Business User or who own certain NFTs created by the Business User
  • Recognition of NFTs owned by Retail Users via WebApp
  • Data analysis derived from the analysis of the blockchain related to the created NFT collections
  • Use of API Keys for process automation
  • Management of one or more teams collaborating on the same Business Account

Access to the Business Account by the Business User is done using their Credentials, by scanning the QR code present in the Dashboard or by entering the code under the QR code in the App and following the authentication instructions provided.

In the Dashboard of each Business User, there are various Sections, each of which has specific functions:

  • Overview: Through the Overview section of the Dashboard, the Business User can supervise all other sections of the Dashboard, viewing and interacting with Analytics, created Collections, generated NFTs, and communications published from the Communication Hub section
  • NFTs: In the NFTs section, the Business User can create new NFT collections, i.e., create and deploy specific Smart Contracts on the blockchain that generate NFTs programmatically and ensure their traceability
  • Delivery Hub: The Delivery Hub section allows the Business User to create methods to send NFTs and define how Retail Accounts can redeem them. The method of sending NFTs is through "Bundles": packages composed of one or more NFTs
  • Authentication Hub: In this section, the Business User can create "Gates," i.e., various methods of recognizing Retail Accounts based on the NFTs they own. Gates can be used to grant access to exclusive events or content both online and offline. Sealo allows the use of a WebApp to physically recognize Retail Users by scanning the QR Code in the Sealo App, or digitally via SDK
  • Communication Hub: In this section, the Business User can create News, which are communications displayed on the Home of the App by Retail Accounts. It is possible to publish Public News, accessible in read-only mode to anyone following the Business Account, or Sealed News, which are dedicated and can only be read by those who own certain NFTs
  • Transactions: In this section, it is possible to view all NFT transfers
  • Menu: where it is possible to manage:
    • Profile: The Business Account profile
    • Team: The Retail Accounts of the team that can operate on the Business Account
    • API Keys: APIs and SDKs to integrate Sealo into their website or e-commerce
    • Activities: Log where actions performed on the Business Account are recorded
    • Billing: Billing details, invoices, and Sealo service plans

It should be noted that the Business User can only access their Business Account through their Retail Account, the Seed Phrase of which, if lost, cannot be recovered. However, Sealo allows the recovery of the Business Account access credentials even in case of loss of the Seed Phrase provided during registration. The Smart Contract generated within the Business Account by the respective Business User remains, from the moment of its creation, the exclusive property of Sealo, so that Sealo can provide any Support activity to the Business User.

If the Business User wishes to request exclusive digital ownership of their Business Account or delete the Business Account itself, they can do so at any time by sending a written communication to Sealo at the email address: [email protected].

5. Plans and Payment Methods

The service is paid for by Business Users, who can choose from various subscription options.

Sealo will invoice its Business Users for the price due for each type of subscription service chosen by each user. Invoices will be issued monthly, based on the subscription start date. Payment will be made at the same time as the invoice is issued according to the payment method chosen by the User.

For each Collection or NFT created, Sealo may apply additional costs beyond the subscription service. During the subscription month, Sealo keeps track of the Collections and NFTs created to include these counts in the following month's invoice, which thus includes the subscription renewal plus the two variable costs.

In the event of an upgrade to the subscription plan in progress, Sealo will receive, following the issuance of the corresponding invoice, payment of the price related to the new subscription only (in addition to any balance concerning the Collections and NFTs at the previous subscription price). From the day following the Upgrade, Sealo will apply the rate related to the higher-level subscription plan for all subsequent periods.

In the event of a downgrade, Sealo will then invoice for the price related to the new plan, in addition to any remaining balance from the previous month.

Invoices, the selected plan, and the cost counter are always visible within the Billing section.

6. Changes and Updates to Services

Sealo is a dynamic product, constantly evolving and improving. For this reason, our Company may change, eliminate, or limit access to our products or any part of our service at any time, for any reason, with or without notice, and also to one, some, or all of our Users. Similarly, Sealo may, to test new improvements to its services, activate new features for random Users, either permanently or temporarily, without the need for notice.

These Terms and Conditions may be modified and updated at any time, for example, to:

  • Introduce new policies or laws regarding the service
  • Introduce new services offered by Sealo
  • Introduce changes in the functions and features of our service
  • Introduce changes to the service imposed by third parties

The date of the last update will always be indicated on this page, and previous versions of these Terms and Conditions will always be available upon request. By continuing to use the service after an update to the Terms and Conditions, it is assumed that the user has accepted the new Terms and Conditions; while these changes are being implemented, the service may be temporarily suspended, canceled, or delayed. The Company is not responsible for any changes, suspensions, delays, or interruptions of the service.

In the event of a blockchain or NFT technology upgrade, Sealo will unilaterally update its systems and platform without the need for prior communication to Users.

7. User Conduct

The User is solely responsible for the use of the service in all its features. The User agrees to use the service only for lawful purposes and not to violate the rights of third parties.

Any unacceptable use, including the publication, collection, or sharing of obscene, pornographic, violent, illegal, threatening, or harassing content, excessively violent content, or content that promotes self-harm or harm to others, may result in the immediate closure of an Account and the suspension of access to the service in the future. Consequently, all texts, information, graphics, and any other content created through the services, whether shared publicly or privately transmitted to other Users or third parties, are considered the exclusive responsibility of the User.

All content created, uploaded, and shared by the User can only be viewed for personal purposes and cannot be copied, reproduced, altered, or publicly displayed for commercial purposes.

The services are to be considered merely as meta-search engines, passive agents, and, potentially, hosting services; therefore, Sealo plays no active role in the distribution, publication, representation, and/or dissemination of the Content. Sealo's monitoring obligation does not go beyond what is established by law.

8. Prohibited Activities

In accordance with the Terms of Use described here, the User is never allowed to:

  • Violate the rights of third parties, including copyright, trademarks, confidential information, and/or privacy rights
  • Use the service for purposes that are illegal, beyond the intended purpose of the services, or in any way violate these Terms
  • Upload, create, share, and/or promote any content that may be considered offensive, abusive, defamatory, derogatory, discriminatory, obscene, violent, sexually explicit, child-pornographic, or that promotes violence, terrorism, harassment, embarrassment, or any kind of illegal activity or nuisance to any person
  • Use the services to promote or encourage anyone to engage in criminal or illegal activities or antisocial behavior
  • Disclose contact details of other users or third parties or invade their privacy
  • Use the service in a way that could inhibit, interrupt, endanger, or interfere in any way with the full enjoyment of the service by third parties
  • Use or attempt to use another user's account
  • Engage in any activity that may involve: (a) identifying source codes, (b) circumventing measures put in place to limit access to specific areas of the service, (c) sending viruses or malicious programs, (d) violating the privacy or rights of third parties
  • Compromise or attempt to compromise in any way the security of the service

If Sealo becomes aware of violations of these Terms of Use, it may suspend or revoke access to the service without prior notice.

9. Sealo's Rights

The software applications contained in the service are not sold to the User but are licensed for free and/or paid use for the entire period of service use, that is, until the User's account is deleted, regardless of how that deletion occurs. Sealo retains ownership of all copies of the software applications even after installation on the User's devices.

The service, the App, the Dashboard, the WebApp, and the related software belong to Sealo and its licensors, and are protected by intellectual property rights (including, but not limited to, copyright). The User is not authorized to use the software or the service in a manner that does not comply with these Terms of Use.

Additionally, Sealo has a worldwide, unlimited, non-exclusive, royalty-free, transferable license to use any content under the terms outlined in these Terms of Use and Privacy Policy.

10. Duration and Validity

These Terms of Use are effective from the date the User begins browsing the site and, in any case, no later than the date they register on the App or Site. These Terms of Use remain valid and effective until the date of cancellation of the Retail Account, regardless of the reason or manner in which such cancellation occurs.

11. Intellectual Property and Copyright

The content of the service, whether owned by Sealo or third parties, may be protected by one or more intellectual property and copyright laws. Similarly, the service, as well as all its related products and features, and third-party materials are protected by copyright, trademarks, patents, and other laws. The service is provided to the User as a personal, worldwide, and non-transferable service. Any unauthorized use of Sealo's trademarks, logo, domain names, or other distinctive brand features is prohibited. The Sealo brand is owned by Sealo S.r.l.

Sealo respects copyright and, in general, all intellectual property rights of others. Therefore, in accordance with applicable law in this domain, Sealo will remove any material that infringes the copyright or property rights of others. If Sealo becomes aware of such violations by one of its Users, Sealo has the right to close the User's Account. All Users must comply with all applicable copyright laws.

12. Third-Party Services

The service offers and allows the User to access content provided by third parties. Since Sealo has no control over or responsibility for the content and functionality of such services, Sealo should not be held responsible for them. Therefore, links to these services do not imply any endorsement or association with them.

Consequently, if the User decides to visit any external website or service linked or otherwise connected to the service, they do so at their own risk; additionally, the User assumes the responsibility of protecting themselves from any viruses or malicious programs that may be found on these services. Therefore, Sealo is not responsible for any damage, loss, or offense that the User may suffer from using such links or visiting third-party websites.

13. Feedback

Sealo welcomes any comments, ideas, and suggestions provided by Users to improve the service, either by email or otherwise. However, the User agrees that from the moment Sealo receives feedback, Sealo will have the right to use and distribute such feedback for any purpose, commercial or otherwise, without any recognition or compensation to the User.

Therefore, by sharing new ideas with Sealo, the User waives any legal, copyright, or moral claims to them.

Sealo is always pleased to receive comments, questions, suggestions, feedback, or complaints at [email protected].

14. Warranties and Disclaimers

The service and content provided by Sealo are offered "as is" without any warranties of any kind. Sealo expressly disclaims any express or implied warranties of merchantability, fitness for any particular purpose, title, and non-infringement. Furthermore, although Sealo strives to provide an optimal user experience, it cannot guarantee that the service will always be secure or error-free and that the service will always operate without delays, interruptions, or discontinuities.

Sealo does not create or prepare any of the content available on the service as it relies on third-party news content. For this reason, Sealo disclaims all responsibility for any such content. In no event shall Sealo be held responsible for the quality, reliability, or suitability of such content. Furthermore, Sealo disclaims any liability for any damages or losses caused by the use of third-party content.

15. Liability and Limitation of Liability

Unless the damage was caused by gross negligence, Sealo will not be liable to Users or any other party for any indirect, special, punitive, incidental, exemplary, or consequential damages, or any loss of profits, revenue, or data arising from:

  • Access to, or inability to access, the service
  • Any content or behavior of third parties on the service, including offensive, abusive, defamatory, derogatory, discriminatory, obscene, violent, or sexually explicit conduct
  • Any unauthorized access or use of the service

The User is responsible for their use of the service. Sealo may seek compensation for any loss or cost it may incur due to negligence in complying with these Terms of Use.

16. Indemnification

In the event of a breach of the User's obligations under these General Conditions or the representations and warranties made herein, the User shall indemnify and hold harmless Sealo, its employees and collaborators, its successors, and its partners from and against any claims, costs, legal actions, disputes, or demands, and from any loss, damage, liability, injunction, penalty, interest, and expenses (including, but not limited to, legal fees) arising from claims, legal actions, investigations, inquiries, or other proceedings initiated by any party in relation to:

  • A confirmed or potential breach of the representations, warranties, or obligations set forth in these General Conditions
  • Confirmed or potential injury or violation of third-party rights or applicable laws resulting from the use of the service by the User in a manner inconsistent with these General Conditions
  • The use of the service by the User in a manner inconsistent with these General Conditions.

17. Amicable Dispute Resolution

If for any reason you believe you have a conflict regarding Sealo's services, Sealo strongly encourages you to contact [email protected].

18. Termination of Disputes

Sealo reserves the right to suspend or terminate the use and access to the service at any time and for any reason, without notice, at Sealo's sole discretion. Such suspension or termination does not limit the right to take any other action against the User, if deemed necessary.

The User may decide to terminate the use of the service at any time by discontinuing the use of the service and/or deleting the App from their device. However, please note that the termination of the service will not result in the deletion of the Account.

19. Severability

If any provision of these Terms of Use is found to be null, voidable, or generally ineffective, it will not affect the validity, voidability, or effectiveness of the remaining provisions contained herein, which will continue to have full force and effect.

The provision of these Terms of Use that is deemed invalid will be amended in good faith to conform to renewed validity requirements or balanced criteria of legality and, once amended, will be deemed valid from the outset.

20. Governing Law and Jurisdiction

These General Conditions, together with the Policies, are governed by and must be interpreted in accordance with Italian law and applicable European regulations.

The competent court for all disputes between the Parties arising from or relating to this contractual relationship is the court of Biella, unless consumer protection laws apply (e.g., Legislative Decree 6 September 2005, No. 206).

Given the "Consumer" nature attributed to our Retail Users under the rules governing distance contracts as provided and regulated by Articles 50 to 61 of Legislative Decree 206/2005 (Consumer Code), any disputes concerning or in any way related to the interpretation and application of these General Conditions and/or any defaults or service failures attributable to the Company and the related disputes, will be subject to the exclusive jurisdiction of the judicial authority in the place of residence or domicile of the Retail User.

21. Communications

Any communication related to the services must be sent via contact and/or using the following information:

  • Email: [email protected]
  • Address: Sealo S.r.l., Strada Trossi 41, Verrone (Bi), Italy
  • VAT Number: 02777410024
Copyright © 2024 - Sealo S.r.l. Strada Trossi 41, 13871 Verrone (BI), P.Iva IT 02777410024, REA BI-310965