Adaki.io | The Future of Ownership

1. Scope and Contracting Parties

These Terms of Service (ToS) apply to all contracts concluded through our website between you as the user and us, Xunlai UG (haftungsbeschränkt), represented by Michael Schindler, Drosselweg 7, 86381 Krumbach, Germany. All relevant information about us can be found in our imprint section.

2. Description of Services

We offer digital content and services, particularly Non-Fungible Tokens (NFTs) and related products. Additionally, we operate an e-commerce shop where we sell clothing and other physical objects equipped with NFC chips. These NFC chips are connected to NFTs that serve as certificates of authenticity for the respective products, creating a dual physical-digital authentication system.

The use of our platform is at your own risk. We assume no liability for any losses or damages that may arise from the purchase or use of our digital products, except as outlined in Section 7 of these Terms.

3. Contract Formation

The presentation of our products on the website does not constitute a legally binding offer but is merely an invitation for the user to make an offer. The contract is only formed upon our express confirmation or through the provision of the digital content.

4. Prices and Payment

As a small business under §19 of the German VAT Act (UStG), we do not charge or display VAT.

Payment can be made either via cryptocurrencies (e.g., Bitcoin, Cardano) or through traditional payment methods such as credit card or PayPal.

Please note that cryptocurrencies are subject to significant fluctuations. The amount to be paid is calculated based on the current exchange rate at the time of the transaction. The user is responsible for the correct processing of the transaction and providing the correct wallet address.

5. Right of Withdrawal

Consumers have a statutory right of withdrawal. However, this right of withdrawal expires prematurely for contracts regarding the delivery of digital content that is not delivered on a physical data carrier if the user has expressly agreed that we begin with the execution of the contract before the withdrawal period expires and has acknowledged that they thereby lose their right of withdrawal.

6. Delivery and Retention of Title

6.1. Delivery of Digital Products

6.2 Delivery of Physical Products with NFC/NFT Authentication

The delivery of digital products occurs immediately after receipt of payment, unless otherwise agreed.

6.3 Shipping and Ownership

Physical products, such as clothing items, are shipped to the delivery address provided by the user. These products contain embedded NFC chips that are linked to NFTs serving as certificates of authenticity. The shipment includes a card with a temporary wallet address through which the buyer can access the NFT.

The NFC chip in each product creates a secure connection between the physical item and its digital certificate of authenticity (NFT), allowing verification of genuine products through our authentication system. Products without NFT linkage are shipped regularly without additional digital content.

The buyer is obligated to transfer the NFT to their own wallet as soon as possible. Detailed instructions for transferring the NFT are included. We assume no liability for the loss of the NFT if the buyer does not transfer the NFT to their own wallet in a timely manner.

Delivery is made, unless otherwise agreed, through a shipping service provider selected by us. Shipping costs as well as any customs duties or import fees are borne by the buyer and are displayed during the ordering process.

Ownership of physical products remains with us until full payment of the purchase price. Ownership of NFTs acquired as part of a purely digital purchase transfers to the buyer once the NFT has been transferred to the wallet specified by the buyer.

After receiving a physical item linked to an NFT with an accompanying temporary wallet, we assume no liability for access to the wallet or the security of the NFTs contained therein. The buyer is solely responsible for transferring the NFT to their own secure wallet. We are not liable for losses or damages that occur after receipt of the package, including losses due to unauthorized access to the wallet.

7. Liability and Disclaimer

e are fully liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.

For slight negligence, we are only liable if essential contractual obligations (cardinal obligations) are violated. Essential contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. In this case, our liability is limited to the contractually typical and foreseeable damage.

Further liability for slight negligence is excluded. This applies in particular to indirect damages, consequential damages, lost profits, missed savings, or damages from third-party claims, unless these are based on intent or gross negligence.

The above limitations of liability also apply in favor of our legal representatives, employees, and agents if claims are made directly against them.

The limitations of liability do not apply if a guarantee has been assumed or if claims under the Product Liability Act are affected.

8. Data Protection

The protection of your personal data is important to us. Further information on data protection and the processing of your data can be found in our Privacy Policy.

9. Contract Amendments

We reserve the right to change these Terms of Service at any time with effect for the future. Changes will be communicated to the user in a timely manner via email or on our website.

10. Applicable Law and Jurisdiction

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For entrepreneurs, the exclusive place of jurisdiction is our registered office.

11. Severability Clause

Should individual provisions of this contract be invalid or unenforceable, the remainder of the contract shall remain effective.

12. Contract Language and Communication

The language available for the conclusion of the contract is English. All information, customer service, and communication in connection with the contract will be conducted in English.

13. Liability for External Links

Our website may contain links to external third-party websites over whose content we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the linked pages is always responsible for the content.

14. Technical Requirements

The buyer is responsible for ensuring that they have the technical requirements to acquire, store, and use digital products, especially NFTs. This includes, among other things, a secure and compatible wallet as well as appropriate devices or software.

15. NFT and Blockchain Specific Terms

15.1. Blockchain Transactions

15.2. Gas Fees

All blockchain transactions are final and irreversible. We are not responsible for errors made by the user, including but not limited to entering incorrect wallet addresses or transferring NFTs to incompatible wallets.

15.3. Smart Contract Risks

We make no guarantees regarding the functionality, security, or longevity of any blockchain, smart contract, or protocol used in connection with our NFTs. Users acknowledge the inherent risks associated with blockchain technology and smart contracts.

15.4. Market Volatility

The value of NFTs and cryptocurrencies can be highly volatile and may fluctuate significantly. We make no representations or warranties about the future value of any NFT purchased through our platform.

15.5. NFC-NFT Authentication System

Our products utilize a dual authentication system combining physical NFC chips with blockchain-based NFTs. These NFTs serve as certificates of authenticity for the respective physical products.

When scanning the NFC chip using a compatible device, an authentication process is initiated that verifies the connection between the physical product and its digital certificate on the blockchain. This verification process helps confirm the authenticity of the product.

The user acknowledges that:

Tampering with or damaging the NFC chip may render the authentication system inoperable
The NFT must be properly maintained in the user's wallet to preserve the complete authentication chain
The authentication system relies on both the physical integrity of the NFC chip and the continued existence of the blockchain network on which the NFT is stored

While we strive to create a secure authentication system, we cannot guarantee its absolute security against sophisticated counterfeiting attempts or technological vulnerabilities that may emerge in the future.

15.6. Regulatory Changes

The user is responsible for all gas fees and transaction costs associated with the transfer of NFTs, unless explicitly stated otherwise.

15.6. Regulatory Changes

The regulatory landscape for cryptocurrencies, NFTs, and blockchain technology is rapidly evolving worldwide. Users acknowledge and accept that:

Changes in laws, regulations, or policies may affect the availability, functionality, or legality of our NFT products and services in various jurisdictions - We may be required to modify our services, restrict certain features, or terminate specific offerings to comply with new regulatory requirements
Tax regulations regarding NFTs and digital assets vary by jurisdiction and may change; users are solely responsible for understanding and fulfilling their tax obligations
We may need to collect additional information from users to comply with evolving Know Your Customer (KYC) or Anti-Money Laundering (AML) regulations
Access to certain blockchain networks or protocols may be restricted or modified due to regulatory changes beyond our control
The legal classification of NFTs and certain token types may be redefined by regulatory authorities, potentially affecting ownership rights

We will make reasonable efforts to notify users of significant regulatory changes affecting our services, but users should conduct their own due diligence regarding the legal status of NFTs and digital assets in their jurisdiction.

The regulatory landscape for cryptocurrencies, NFTs, and blockchain technology is rapidly evolving worldwide. Users acknowledge and accept that:

Changes in laws, regulations, or policies may affect the availability, functionality, or legality of our NFT products and services in various jurisdictions - We may be required to modify our services, restrict certain features, or terminate specific offerings to comply with new regulatory requirements
Tax regulations regarding NFTs and digital assets vary by jurisdiction and may change; users are solely responsible for understanding and fulfilling their tax obligations
We may need to collect additional information from users to comply with evolving Know Your Customer (KYC) or Anti-Money Laundering (AML) regulations
Access to certain blockchain networks or protocols may be restricted or modified due to regulatory changes beyond our control
The legal classification of NFTs and certain token types may be redefined by regulatory authorities, potentially affecting ownership rights

16. Intellectual Property Rights

16.1. NFT Ownership

16.2. License to NFT Content

Purchasing an NFT grants you ownership of the specific token on the blockchain, but does not automatically transfer copyright or other intellectual property rights to the associated digital or physical content, unless explicitly stated otherwise.

16.3. Restrictions

You may not use our NFTs or their associated content for any illegal purposes, to create derivative works, or in any way that infringes upon our rights or the rights of others.

Unless otherwise specified, purchasers of our NFTs receive a non-exclusive, worldwide license to use, display, and share the associated content for personal, non-commercial purposes.

17. Contact Information

For any questions or concerns regarding these Terms of Service, please contact us at: