Applicability

These General Terms and Conditions (GTC) of theMiracle AG, Hardstrasse 201, 8005 Zurich (theMiracle) govern the contractual relationship and the rights and duties between theMiracle and its users in connection with the products offered via the websitetheMiracle.ioand all subdomains (hereinafter referred to as "Marketplace") for NFTs (Non-Fungible Tokens). In addition to the GTC, further provisions declared as binding therein, in particular the privacy policy, shall apply.
Amendment of these GTC theMiracle reserves the right to change these GTC at any time and to publish the current version on the website. The version that is current at the time of logging in to the website shall apply.

The Marketplace and its Users

The Web3 marketplace of theMiracle is made available to registered users on a "best effort" basis. These GTC refer to the provider of a product as "seller," the acquirer of a product as "buyer," and the acquisition as "purchase." theMiracle offers a peer-to-peer Web3 service that helps users discover NFTs on public blockchains and interact with each other. theMiracle does not hold custody of or control over the NFTs or blockchains with which users of the marketplace interact. theMiracle does not conduct purchases, transfers, or sales of NFTs. To use the marketplace, users must employ a third-party wallet that can conduct transactions on blockchains.

Use of the Marketplace at Own Risk

On the marketplace, sellers conclude contracts with buyers under their own responsibility. With these contracts, only the seller and the buyer are obligated and entitled. The fulfillment of the contract is the sole responsibility of the seller and the buyer.

Legal Position of theMiracle

theMiracle is not a contracting party to the contracts concluded between sellers and buyers on the marketplace. theMiracle, its employees, and agents are in no way responsible for the risks associated with the initiation and conclusion of the contracts and are not liable for any resulting damages. theMiracle is not liable for the description, existence, content, and functionality of NFTs. Also excluded is the liability for the existence or authenticity of users of the marketplace. theMiracle is not obliged to monitor the behavior of users of the marketplace. theMiracle is entitled, but not obliged, to review the products, texts, and images published on the marketplace for their legality and admissibility. theMiracle is entitled, but not obliged, to remove unlawful content from the marketplace. theMiracle has no control over the NFTs or SmartContracts used or offered by third parties. The creators of these NFTs or SmartContracts are solely responsible for their operation and functionality.

No Right to Use

There is no entitlement to the use of the marketplace. theMiracle is free to refuse registration at any time, to exclude a user, or to discontinue a service.

Users

With the registration and consent to the currently valid GTC, an interested party becomes a "user" of the marketplace.

Legal Capacity

Only legally competent natural or legal persons are permitted to use the marketplace. Minors under 18 years of age may only use the marketplace with the explicit consent of their legal representatives.

Personal Information/Blockchain Address/Wallet

The information to be entered during registration must always be complete and correct, in particular, a correct and lawful wallet address must be provided. Changes must be made in the user account immediately. The username must not be offensive and must not infringe the rights of third parties. Furthermore, a blockchain address is required for the use of the marketplace, which theMiracle treats as the identity of the user. Therefore, a user needs a blockchain address and a wallet from a third-party provider. theMiracle does not operate wallets and has no control over the users' wallets of the marketplace. theMiracle is in no case liable for compliance with the wallet operator's provisions or the proper use of the wallet.

Usage

Use begins after successful registration and consent to these GTC. The user must comply with all applicable legal provisions during use, in particular, the possibly applicable embargo provisions of the respective country. theMiracle is entitled to restrict or terminate the use of the marketplace for individual or certain categories of users. Usage may also be interrupted for technical or other reasons, e.g., due to equipment failures, maintenance work, geographical restrictions, or other causes. The user is solely responsible for complying with the conditions set by the seller for the purchase or use of the NFTs they create. The user acknowledges that the value of an NFT is subjective, can be highly volatile or fluctuate, and that fluctuations in the price of cryptocurrencies can also adversely affect the NFT prices. The user further acknowledges and accepts the risk that they may lose money with NFTs.

Termination

The user relationship can be terminated by either party at any time without stating reasons. The termination does not affect the validity of the purchases already made on the marketplace. However, theMiracle is entitled to delete the user account after termination. The user is responsible for taking care of any consequences resulting from the termination, in particular the proper completion of purchases already made.

Rights of Use

By registering, the user grants theMiracle a non-exclusive, free, transferable, sub-licensable, and worldwide license for the duration of the user relationship to use the content published by the user, in particular text and image data, for the purposes of the marketplace.

User Content

The user ensures that they have all rights to the content that they publish on the marketplace, and that no third-party rights are violated. The user holds theMiracle harmless from any claims by third parties resulting from the user's published content. Furthermore, the user assures that the content is not offensive, defamatory, or otherwise illegal and does not violate these GTC or good morals. The user is liable to theMiracle for any damage resulting from the unlawful or improper content they have published. Furthermore, theMiracle is entitled to remove unlawful or improper content immediately, without prior notice, or to take other measures.

Liability

theMiracle is not liable for the permanent availability of the marketplace or the proper functioning of the blockchain technology. Furthermore, theMiracle is not liable for the behavior of users or third parties or for the content or accuracy of the information of users or third parties on the marketplace. theMiracle is also not liable for the loss of NFTs or other values due to interactions with the marketplace. theMiracle's liability for intent and gross negligence as well as for injury to life, body, or health remains unaffected. For simple negligence, theMiracle is only liable for the violation of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the user may regularly rely. In this case, the liability is limited to the typical contractual foreseeable damage.

Privacy Policy

The collection and use of personal data of the users are carried out exclusively within the framework of the statutory provisions, in particular the General Data Protection Regulation (GDPR). Details are regulated in the privacy policy of theMiracle, which is accessible on the website.

Applicable Law and Jurisdiction

Swiss law applies exclusively to the contractual relationships between theMiracle and the users. The place of jurisdiction is Zurich, Switzerland.

Final Provisions

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a valid provision that comes closest to the economic purpose of the ineffective provision. The same applies to any gaps in the regulation. These GTC are available in German and English. In the event of contradictions, the German version shall prevail. These GTC were last updated on October 7, 2023.