Enefty Blog

Discover how web3 is changing the game for loyalty programs.

Our blog delves into the latest trends and insights, from blockchain-based rewards to decentralized loyalty systems. Join the conversation and learn how businesses can leverage these cutting-edge technologies to enhance customer loyalty and drive growth. Explore our dedicated web3 loyalty topics blog today.

19.07.2023

Difference between Web3 and Web2 Loyalty Programs

19.07.2023

Revolutionizing Customer Loyalty: Web3 Loyalty Programs

26.05.2023

Web3 Reward Programs: A Key to Ease Crypto Regulations

24.05.2023

Why Web3 Loyalty Programs Will Ultimately Win

15.05.2023

Transforming Customer Loyalty: The Rise of Web3 Membership Programs

14.05.2023

Revolutionizing Loyalty Programs with Web3: A New Era of Customer Engagement

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About

Made with in Berlin

Terms & Conditions

1. General | Scope

These Enefty Platform Terms (these “Terms”) apply between Enefty Technologies UG (haftungsbeschränkt) (“Enefty”) and the users of the Platform (“User”).

2. Definitions

In these Terms, the following legal definitions apply:

“Account” means a User’s account on the Platform.
“Auction” means the event carried out on the Platform by means of which NFTs are sold/purchased at an auction.
“Bidder” means a User who participates in an Auction by submitting a bid in order to purchase an NFT.
“Commission” shall have the meaning as set forth in Clause 5.1.
“Creator” means the person who owns the copyright in the Media and/or in the NFT offered on the Platform.
“Enefty” shall have the meaning as set forth in Clause 1.
“Fixed-price Sale” means the event carried out on the Platform by means of which NFTs are sold/purchased for a pre-defined price.
“Platform” means the online platform operated by Enefty facilitating the sale/purchase of NFTs.
“Media” means any Seller-owned audio-video, images, names, titles and audio files associated with the NFT sold/purchased on the Platform.
“NFT” means any blockchain-tracked, non-fungible token.
“Purchaser” means a Bidder who wins an Auction in accordance with Clause 4 or a User who purchases an NFT on a Fixed-price Sale.
“Purchase Price” means the price actually received by the Seller from the Purchaser on the basis of a Sales Contract.
“Sales Contract” means the contract between the Seller and the Purchaser on sale/purchase of NFT(s).
“Seller” means a User who (i) is the Creator or a person authorized by the Creator for sale, and (ii) offers an NFT on the Platform for sale.
“Terms” shall have the meaning as set forth in Clause 1.
“User” shall have the meaning as set forth in Clause 1.
“Wallet” means a crypto wallet of the User.
3. Scope of User’s Account on the platform
3.1 The User’s Account on the Platform will be associated with the User’s linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs).

3.2 By using the Wallet in connection with the Enefty, the User agrees to be using that Wallet under the terms and conditions of the applicable provider of the Wallet.

3.3 Wallets are not operated by, maintained by, or affiliated with Enefty, and Enefty does not have custody or control over the contents of the Wallet and has no ability to retrieve or transfer its contents. Enefty assumes no responsibility for, or liability to User, in connection with User’s use of Wallet and gives no representations or warranties regarding how the Platform will operate with any specific Wallet.

3.4 User is solely responsible for its Account and any associated Wallet and Enefty is not liable for any acts or omissions by User in connection with User’s Account or as a result of User’s Account or Wallet being compromised. User should immediately notify Enefty in writing (simple e-mail to be sufficient) in case of discovering or otherwise suspecting any security issues related to the Platform or User’s Account.

4. Processing of a Sale/Purchase of an NFT

4.1 The technical processing of a sale is described on the Platform. The Users shall abide by all instructions contained on the Platform in this connection.

4.2 A sale can take place either in the form of a fixed-price sale or in the form of an Auction. In both cases, a Sales Contract is concluded between the Seller and the Purchaser. The processing of an Auction is further described in Clauses 4.3 and 4.4.

4.3 Within 5 calendar days after completion of the relevant Auction, the Seller is entitled to select a Bidder to become the Purchaser of the respective NFT, as a result of which a Sales Contract is concluded between the Seller and the Purchaser. In the event that the Seller fails to make a decision within the time period defined in this Clause 4.3, the Auction shall be deemed canceled.

4.4 In the event that the Purchaser as selected by the Seller under Clause 4.3 fails to pay the Purchase Price to the Seller, the Seller is entitled to decide whether (i) to select another Bidder, or (ii) to cancel the Auction. The Bidders hereby agree and acknowledge that they may become a Purchaser even if they have not been selected by the Seller in the first place under Clause 4.3. In the event that the Seller fails to make a decision within the time period defined in this Clause 4.3, the Auction shall be deemed canceled.

4.5 The User acknowledges that, in respect of a Sales Contract, Enefty only acts as a broker and shall not become a contracting party to any Sales Contract. Therefore, Enefty is not liable to a User for any obligations out of or in connection with a Sales Contract, including but not limited to for any benefits and perks promised by a Seller to the prospective Purchaser in the course of the sale of an NFT.

5. Commission

5.1 For the introduction of opportunities to enter into Sales Contracts and/or for the facilitation of such Sales Contracts, Seller shall pay to Enefty a commission in the amount of 5% of the Purchase Price (“Commission”).

5.2 Enefty shall be entitled to retain the Commission from the Purchase Price paid by a Purchaser to a Seller by means of a payment method provided for on the Platform. In the event that the Seller receives the full Purchase Price from a Purchaser directly, the Seller shall pay the Commission to Enefty within 30 days following the Seller’s receipt of a corresponding invoice from Enefty.

5.3 Any action of Enefty that may be deemed a contributory cause for the conclusion of a Sales Contract shall entitle Enefty to the Commission. In particular, Enefty shall be entitled to the Commission even if Seller and a Purchaser conclude a Sales Contract outside the Platform. Seller shall immediately notify Enefty of such Sales Contracts.

5.4 Subject to Clause 3.3, a subsequent change to or subsequent ineffectiveness of a Sales Contract, including but not limited to rescission (Rücktritt), withdrawal (Widerruf), avoidance (Anfechtung), mutual cancellation (Aufhebungsvertrag), the triggering of a condition subsequent (auflösende Bedingung), etc. shall not affect Enefty’s right to the Commission.

5.5 Subject to Clause 3.3 any subsequent reduction of the Purchase Price (e.g. by means of a subsequent mutual agreement or by a unilateral price reduction under statutory law) shall not affect the amount of the Commission.

6. General Obligations of the Seller

6.1 Seller shall, in a timely manner and in the format requested by Enefty in each case, provide Enefty with all information and documents required under this Agreement, including any and all information pertaining to the Sales Contracts and the Commission.

6.2 Seller represents and warrants that (i) it is the Creator of the NFT offered by it on the Platform or a person authorized by the Creator for sale, (ii) the Media related to the NFT is not subject to any third party rights and that any documentation, and (iii) the information provided by Seller on the Media is accurate, true and complete. Seller shall indemnify and hold harmless Enefty from any third party claims in that respect including but not limited to appropriate costs of legal defense and prosecution.

6.3 For the period of time in which a sale/purchase of an NFT is processing, Seller shall, without the prior written consent of Enefty (simple email sufficient), not be entitled to (i) sell or seek to sell the respective NFT outside the Platform, (ii) sell or seek to sell another NFT of the same Media outside the Platform, and (iii) create another NFT of the same Media.

7. Final Provisions

7.1 German Law shall apply. The place of jurisdiction for all disputes arising out of or in connection with these Terms shall be Berlin, Germany.

7.2 The Users may only set off their claims against those of Enefty or exercise a right of retention to the extent that the User’s claims have been finally determined in a binding judgment which is not subject to appeal, or are undisputed or accepted.

7.3 In the event that a provision of these Terms is or becomes wholly or partially invalid or void, the validity of the remaining provisions of these Terms shall not be affected. In place of the invalid or void provisions, statutory law shall apply.

Imprint

Information pursuant to § 5 TMG

Enefty Technologies UG (haftungsbeschränkt)
c/o Giorgi Jashiashvili
Cuvrystraße 1
10997 Berlin

Commercial Register: HRB 232814 B
Registration court: Amtsgericht Charlottenburg

Represented by:
Giorgi Jashiashvili

Contact

E-mail: feedback@enefty.app

VAT ID

Sales tax identification number according to § 27 a of the Sales Tax Law:
DE346170920

EU dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.
Our e-mail address can be found above in the site notice.

Dispute resolution proceedings in front of a consumer arbitration board

We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

Liability for Contents

As service providers, we are liable for own contents of these websites according to Paragraph 7, Sect. 1 German Telemedia Act (TMG). However, according to Paragraphs 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.

Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.

Liability for Links

Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.

The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Copyright

Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.

Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.

Enefty Blog

Discover how web3 is changing the game for loyalty programs.

Difference between Web3 and Web2 Loyalty Programs

Revolutionizing Customer Loyalty: Web3 Loyalty Programs

Web3 Reward Programs: A Key to Ease Crypto Regulations

Why Web3 Loyalty Programs Will Ultimately Win

Transforming Customer Loyalty: The Rise of Web3 Membership Programs

Revolutionizing Loyalty Programs with Web3: A New Era of Customer Engagement

Would you like to learn more?

Talk to one of our experts for free

We'd love to hear from you and help you get started without any upfront commitments

Get Started

About

Made with in Berlin

Privacy Policy

Owner and Data Controller

Owner contact email: feedback@enefty.app

Types of Data collected

Mode and place of processing the Data

Methods of processing

Legal basis of processing

Place

Retention time

The purposes of processing

Analytics

Google Analytics

Heat mapping and session recording

Hotjar Heat Maps & Recordings (Hotjar Ltd.)

Managing contacts and sending messages

Mailchimp (The Rocket Science Group LLC)

Tag Management

Google Tag Manager

The rights of Users

Details about the right to object to processing

How to exercise these rights

Additional information about Data collection and processing

Legal action

Additional information about User’s Personal Data

System logs and maintenance

Information not contained in this policy

How “Do Not Track” requests are handled

Changes to this privacy policy

Definitions and legal references

Personal Data (or Data)

Usage Data

User

Data Subject

Data Processor (or Data Supervisor)

Data Controller (or Owner)

This Application

Service

European Union (or EU)

Cookie

Tracker

Legal information