Terms of Use

Please read these Terms carefully before using BasedFroggies.

Last Updated: 2025-08-09

1. Acceptance of Terms

By accessing or using BasedFroggies, the smart contracts, the website, or any related services (collectively, the "Platform"), you agree to be bound by these Terms of Use and our Privacy Policy. If you are accepting on behalf of a company or organisation, you represent that you have the authority to bind it to these Terms. If you do not agree, you must not access or use the Platform.

2. Definitions

"NFT": A non-fungible token recorded on the Base network using smart contracts.
"Smart Contract": Code deployed on the Base network enabling minting, breeding, trading, and other Platform functions.
"Wallet": A compatible software, hardware, or custodial service that holds digital assets and interacts with Smart Contracts.
"Artwork": Visual art, graphics, and designs associated with a BasedFroggie.
"IP": All intellectual property rights in BasedFroggies, the Artwork, and related materials.

3. Eligibility

You must be at least 13 years old to use the Platform. If you are between 13 and 17 (or under the legal age of majority in your jurisdiction if higher), you must have a parent or legal guardian review these Terms with you, and they must agree to them on your behalf. Parents and guardians agree to be fully responsible for the minor’s use of the Platform, including all transactions and legal obligations incurred.

The Platform is not intended for children under 13. By using BasedFroggies, you confirm that you meet these requirements and that you are not prohibited from participating under applicable laws or sanctions.

4. Wallets and Account Security

You are solely responsible for your Wallet and any transactions it makes. All transactions are irreversible and occur on the Base network. We do not store private keys, seed phrases, or credentials. You must maintain the security of your Wallet and promptly notify us of any unauthorised access.

5. Smart Contract Functionality

The Platform operates via Smart Contracts deployed on the Base network. These may be immutable and rely on infrastructure outside our control. Network changes, forks, congestion, or bugs may affect functionality.

6. NFT Ownership

You own the NFT tokenised on the blockchain when you lawfully acquire a BasedFroggie. This does not grant ownership of the Artwork or BasedFroggies brand, which are licensed under these Terms.

7. Licence to Artwork

While you own the NFT, we grant you a worldwide, non-exclusive, revocable licence to:

Display the Artwork for personal, non-commercial use.
Display the Artwork to sell or transfer your NFT on verified marketplaces.
Commercially use the Artwork in merchandise or media, provided your gross annual revenue from such use does not exceed £50,000. Beyond this, a separate written licence is required.

You may not use the Artwork in hateful, defamatory, illegal, or infringing contexts, or claim trademark or copyright over it. The licence terminates automatically if you transfer the NFT or breach these Terms.

8. Feedback

Any feedback, ideas, or suggestions you submit may be used by us without compensation.

9. Prohibited Conduct

Unlawful, harassing, or fraudulent activity
Distributing malware or exploiting the Platform
Money laundering or illegal financial activity
Circumventing fees, breeding mechanics, or Smart Contract logic
Automated scraping, Sybil attacks, or spam
Creating competitive products using our IP
Reverse engineering or modifying Platform code

10. Fees and Taxes

All transactions require gas fees on the Base network. Additional breeding or marketplace fees may apply. You are responsible for all taxes arising from your use of the Platform.

11. Assumption of Risk

NFTs are speculative and volatile. Risks include market fluctuations, wallet loss, Smart Contract bugs, phishing, network changes, ecosystem decline, and regulatory shifts. You are solely responsible for tax compliance and obtaining professional advice.

12. Third-Party Services

We are not responsible for wallets, marketplaces, or other third-party services linked to the Platform. Use them at your own risk.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your breach of these Terms or misuse of the Platform.

14. Termination

We may suspend or terminate your access for breach or malicious activity. You may discontinue use at any time. Termination does not affect rights and obligations intended to survive.

15. Disclaimer

BasedFroggies is provided “as is” without warranties. We do not guarantee rarity, value, or uninterrupted access.

16. Limitation of Liability

To the fullest extent permitted under Scots law, our liability is limited to £100 or the total fees you paid in the past 12 months, whichever is greater. We are not liable for indirect or consequential losses.

17. Dispute Resolution; Governing Law

These Terms are governed by Scottish law. Disputes must first be attempted to be resolved via mediation. Failing that, they will be subject to the exclusive jurisdiction of the Scottish courts.

18. Changes to the Platform

We may modify, suspend, or discontinue any part of the Platform without notice.

19. Force Majeure

We are not liable for delays or failures caused by events beyond our control, including natural disasters, network failures, or government action.

20. Notices

We may send notices via email, postal mail, or postings on the Platform.