Background

Terms of Service – ClutchPacks.io

Effective Date: 2025-09-12
Last Updated: 2025-09-12

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS, PLEASE READ THIS INFORMATION CAREFULLY AND CONSIDER CONTACTING INDEPENDENT COUNSEL IF YOU HAVE ANY QUESTIONS REGARDING THE APPLICATION OF THE TERMS CONTAINED BELW. BY CONNECTING YOUR WALLET (AS DEFINED BELOW) TO THE SERVICE, PURCHASING OR OFFERING TO PURCHASE BIG TIME TECH LTD NFTS THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN

1. Acceptance of Terms

The following terms and conditions (‘Terms” or ‘Agreement”) constitute a legally binding agreement between you (‘you”, ‘your”, ‘user”) and Big Time Tech Ltd, a Maltese corporation/entity located at 175, Level 1, Independence Avenue, Mosta (‘ClutchPacks”, ‘we”, ‘us”, ‘our”), and governs your interactions with our Service.

By accessing or using Big Time Tech's website ("Platform") and purchasing randomized NFT Asset packs ("Packs"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Platform or purchase our products.

By browsing the website available at https://clutchpacks.io (the ‘Website”), offering for sale or selling an Asset (as defined below) through the Service, participating in the minting, purchase, acquisition, or sale of a ClutchPacks NFT (either directly from us or in a Secondary Sale), making a purchase from a third-party using our payment gateway (a ‘Third-Party Purchase”), storing an Asset with or redeeming an Asset from ClutchPacks, participating in our communications server(s) or other social media properties, and/or using any of our other services (collectively, the ‘Service”), you expressly acknowledge and agree that you have read, understand, and agree to be bound by these Terms. If you do not agree to the terms set forth in this Agreement, you must not access or use our website or any Service, including to purchase any ClutchPacks NFT or to offer for sale, sell, store, or redeem any Asset.

Our Service involves the creation of certain original NFTs made available through the purchase process described on our website. Each NFT represents the certain individual asset depicted in or otherwise corresponding with the artwork and/or the information describing and embodying such Asset. When you obtain a ClutchPacks NFT through the purchase and randomization process, such NFT is minted directly into the Wallet you connected to the Website. Unless and until an NFT is redeemed and provided to us, we do not hold custody of nor take ownership or possession of any NFT. NFTs can be transferred between Wallets on the Polygon network (or any then-compatible blockchain or comparable third-party service).

Please refer to our Privacy Policy for information about how we collect, use and share personal information about you. By submitting data through the Service, you expressly consent to the collection, use and disclosure of your personal data in accordance with the Privacy Policy. The Privacy Policy is available at https://clutchpacks.io.

We reserve the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the ‘Last Updated” date at the beginning of these Terms. By continuing to access or use the Service at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Agreement, you may not access or use the Service.

PLEASE READ SECTION 17 OF THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU PROPERLY OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE AGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES AND WAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

2. Definitions

  • "NFT" means a non-fungible token, a unique digital asset stored on a blockchain.
  • "Pack" means a digital trading card pack containing a randomized selection of NFTs, which will award one or more of such NFTs to the purchaser of the pack through the randomization process described below.
  • "Assets", ‘Cards”, or "NFTs" means the digital trading cards represented as NFTs.
  • "Platform" means our website and associated services, including social media properties and other communication services.
  • ‘Seller” means the owner of an Asset that is offering such asset for sale.
  • "User" means any person who accesses or uses the Platform.

3. Eligibility

You must be at least 18 years old to purchase Packs. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms, and that the Service is available and offered for use by us in your jurisdiction.

4. Account Registration and Electronic Communication.

To purchase Packs, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You may not provide false information during account creation, nor use any mechanism to bypass any account or Service restrictions associated with your jurisdiction or you as an individual or entity.

By contacting us via email or through a social media, or by using the Service, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Service or to our official accounts on social media). These communications may include notices about your use of the Service and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.

5. Risk-Free First Pack ("Offer")

5.1 Offer Details

  • The Offer applies to any pack type and any pack price.
  • Each eligible user may redeem one (1) risk-free pack return.
  • Packs on ClutchPacks contain one card, and the return applies to that single-card pack as a unit.

5.2 How the Sell Back Works

  • Users who choose to Sell Back will receive a minimum amount equal to the pack price they paid (excluding any discounts or promotional credits).
  • Sell Back proceeds are placed into the user’s ClutchPacks account balance and are fully withdrawable, subject to normal withdrawal processes.
  • Credits issued through the Sell Back do not expire.

5.3 Redemption Details

  • Users who Sell Back do not have the option to physically redeem a card that has been sold back.

5.4 User Limitations & Anti-Abuse Policy

  • Limit one (1) risk-free return per user.
  • The Offer may not be redeemed using multiple accounts, email addresses, identities, payment methods, devices, IP addresses, or any other attempt to bypass the one-per-user limit.
  • ClutchPacks reserves the right to investigate usage and may withhold, deny, or reverse eligibility in cases of suspected fraud, abuse, duplicate accounts, or other violations.
  • ClutchPacks reserves the right to request reasonable verification of identity if abuse is suspected.

5.5 Additional Terms

  • The Offer cannot be applied retroactively to previous purchases.
  • ClutchPacks may modify or discontinue this Offer at any time, at its sole discretion.
  • By participating, users agree to these Terms & Conditions and to ClutchPacks’ general Terms of Service.

6. NFT Trading Card Packs

6.1 Pack Contents

Each Pack contains a predetermined number of randomized NFTs. The specific NFTs contained in each Pack will be disclosed specifically or are determined by our proprietary randomization algorithm and given in terms of potential redemption value as of the date of the purchase of a Pack, at our discretion. Pack contents are revealed only upon ‘opening” and cannot be returned for a refund or exchanged in any manner.

6.2 Randomization Process

The Service allows users to purchase a digital sealed pack containing a random card or cards for a fixed price. The specific card received is determined randomly and cannot be chosen by the user. All randomization is conducted using cryptographically secure methods. Rarity distributions and odds are predetermined and may be disclosed at our discretion. No guarantee is made regarding the specific NFTs you will receive. Each Pack opening is independent; previous results do not affect future outcomes. We make no guarantees regarding the specific card received from any pack, the fair market value assigned to any card or Asset, or the availability of any specific card or asset.

6.3 Rarity and Value

NFTs may have different rarity levels (e.g., Common, Rare, Epic, Legendary). Rarity does not guarantee monetary value, nor is there any guarantee of any NFT or the physical card provided upon redemption of the NFT to maintain or grow in value. Market value of NFTs and physical cards may fluctuate and may become worthless. The fair market value of a physical trading card associated with an Asset is determined solely by us at our discretion and is not subject to negotiation. The methodology for determining fair market value for the purpose of redemption of an Asset is based on an evaluation of the latest available comparisons/transactions.

6.4 Redemption

Upon purchase of a Pack and receipt of the corresponding Asset, the user will receive an offer from us to purchase the Asset for a percentage of the fair market value of the associated physical card as determined by us. Upon accepting the offer to purchase the Asset, you will receive the funds in USD value in either fiat or cryptocurrency in your Wallet/Account. All redemptions are final and non-refundable in any manner. We may rescind the offer at any time, at our discretion.

7. Purchases and Payments

7.1 Pricing

All prices are displayed in USD and are subject to change without notice. Prices include applicable taxes where required by law. No refunds are provided for completed Pack purchases. All pack sales are final.

7.2 Payment Processing

Payments are processed through third-party payment processors. We have no control over these payments or transactions initiated through your Wallet or Account, nor do we have the ability to reverse any such payments or transactions. We may add or change any payment processing Service at any time. Such Service may be subject to additional terms or conditions as set forth by the payment processing entity. Whether a particular cryptocurrency is accepted as a payment method by us is subject to change at any time in our sole discretion. You acknowledge that we have no liability to you or to any third party for any claims or damages that may arise as a result of your payment not reaching us, including, but not limited to, instances where your purchase fails due to a processing error of your payment on the applicable blockchain or bridge extension. It is solely your responsibility to confirm that your payment for an NFT has been accepted. You agree to provide accurate payment information. We reserve the right to refuse or cancel orders at our discretion.

7.3 Failed Transactions

If a payment fails, the associated Pack will not be delivered. Multiple failed payment attempts may result in account suspension

8. NFT Ownership and Rights

8.1 Ownership

Upon successful purchase and Pack opening, you own the NFTs contained within. Ownership is recorded on the blockchain and transferable according to blockchain protocols. We retain all intellectual property rights in the underlying artwork and concepts.

8.2 License to Use

You receive a limited, non-exclusive license to display and use your NFTs for personal, non-commercial purposes. Commercial use requires separate written permission from us. You may not use NFTs in ways that are illegal, harmful, or infringe on others rights

8.3 Transfer Rights

Following your purchase of a NFT, you may request to receive the Asset associated with your NFT through the Website or otherwise through the Service. As a precondition of any transfer of the associated Asset, we shall verify (i) your identity, (ii) your compliance with this Agreement and eligibility to use the Service; and (iii) your ownership of such NFT. If you transfer such Asset to us, the associated NFT shall be burned by us. Your redemption of a NFT for an Asset may be subject to additional fees for such redemption, including without limitation Taxes and shipping and handling fees, in each case as determined in our discretion, as set forth on the Service, and as may be subject to change from time to time in our discretion. Transfers are subject to blockchain network fees and confirmation times. We are not responsible for failed or misdirected transfers

9. Platform Use

9.1 Acceptable Use

You agree not to:

  • Use the Platform for illegal activities;
  • Provide false or misleading information to us;
  • Attempt to manipulate or exploit the randomization system;
  • Create multiple accounts to circumvent purchase limits;
  • Engage in fraudulent payment activities;
  • Use or attempt to use another User’s Wallet without authorization from us and the other User;
  • Pose as another person or entity, or the as the representative of another person or entity unless lawfully permitted to represent such person or entity in the capacity stated;
  • Create, list, mint, or otherwise make available through or in connection with the Service any counterfeit Assets or NFTs;
  • Reverse engineer or attempt to access our systems inappropriately.
  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
  • Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
  • Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
  • Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities;
  • Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
  • Bypass or ignore instructions that control all automated access to the Service;
  • Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
  • Use the applicable blockchain to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of such blockchain, or the Service;
  • Engage in or knowingly facilitate any ‘front-running,” ‘wash trading,” ‘pump and dump trading,” ‘ramping,” ‘cornering” or fraudulent, deceptive or manipulative trading activities
  • Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to using the Service to transact in securities, debt financings, equity financings or other similar transactions; or
  • Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that (i) are redeemable for financial instruments, (ii) give owners rights to participate in an ICO or any securities offering, or (iii) entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.

9.2 Platform Availability

We strive to maintain the Service’s platform availability but cannot guarantee uninterrupted service. Maintenance, updates, or technical issues may cause temporary unavailability. We are not liable for losses due to platform downtime.

10. Disclaimers and Risks

10.1 No Guarantees Unless Specifically Set Forth in Writing.

In additional to the NFTs are experimental digital assets with inherent risks. We provide no guarantee of future value, utility, or continued existence. Blockchain technology risks include network congestion, forks, and technical failures.

10.2 Regulatory Risks

NFT regulations are evolving and may affect your ability to use, transfer, or sell NFTs. You are responsible for compliance with applicable laws in your jurisdiction. We make no

10.3 Technical Risks

Smart contract bugs or vulnerabilities may affect NFT functionality. Wallet security is your responsibility. Lost private keys may result in permanent loss of access to NFTs. We are not responsible for maintaining the security of the contents of your Wallet or the ability for you to access your Wallet.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, ANY ASSETS OR NFTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BIG TIME TECH LTD ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT), THE ASSET MANAGEMENT SERVICES, OR ANY ASSETS OR NFTS MINTED, PURCHASED, OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RETAINED BY US IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12. Indemnification

Unless otherwise prohibited by law, you agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

13. Privacy Policy

Your privacy is important to us. Our Privacy Policy, incorporated by reference and available at https://clutchpacks.io explains how we collect, use, and protect your information.

14. Modifications

As stated above, we reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms. Material changes will be communicated through the Service, or via email.

15. Termination

We may terminate or suspend your account and access to the Service at our discretion, with or without cause. Upon termination, your right to purchase new Packs ceases, but you retain ownership of previously acquired NFTs.

16. Governing Law

These Terms are governed by the laws of Malta without regard to conflict of law principles.

17. Miscellaneous

17.1 Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

17.2 Ownership of Other Property Associated with the Service

Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, any logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ‘Content”) are the proprietary property of Big Time Tech Ltd or our affiliates or licensors.

The ClutchPacks logo and any ClutchPacks product or service names, logos or slogans that may appear on the Service are trademarks of Big Time Tech Ltd or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other ‘hidden text” utilizing ‘ClutchPacks,” or any other name, trademark or product or service name of Big Time Tech Ltd or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of [Company] and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other trademarks, registered trademarks, product names and other names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, Service, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

You agree that any submission of any ideas, suggestions, documents, and/or proposals to us (collectively, ‘Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Service and our other products and services.

17.3 License to Our Service and Content

You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, ‘as-is” license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Service or Content; (ii) distribute, publicly perform, or publicly display any Content except as expressly permitted by us; (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, except as expressly permitted by us; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us; and (vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Terms.

You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Service for non-commercial purposes, provided that such link does not portray us or our affiliates or any of our Service, Content, products or Service in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable in our sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of Big Time Tech Ltd to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Big Time Tech Ltd trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.

We may from time-to-time change or discontinue any or all aspects or features of the Service, including by (i) altering the smart contracts which are included in the applicable blockchain pursuant to upgrades, forks, security incident responses or chain migrations, (ii) deactivating or deleting Content that we in our sole discretion determines has been abandoned; or (iii) repossessing any Assets or NFTs that we in our sole discretion determines have been (y) abandoned or (z) used or acquired in violation of this Agreement. In such events, you may no longer be able to access, interact with or, read the data from the Service.

17.4 Contact Information

For questions about these Terms, contact us at:

  • Email: [EMAIL ADDRESS]
  • Address: [PHYSICAL ADDRESS]

17.5 Investigations

If we become aware of any possible violations by you of this Agreement, we reserve the right, but we will not have any obligation, to investigate such violations. If, as a result of the investigation, we believe that criminal activity may have occurred, we reserve the right, but we will not have any obligation, to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including your Content, in our possession in connection with your use of the Service, (i) to comply with applicable laws, legal process or governmental request; (ii) to enforce this Agreement, (iii) to respond to any claims that User Content violates the rights of third parties, (iv) to respond to your requests for customer service, or (v) to protect the rights, property or personal safety of Big Time Tech Ltd its Users, or the public, and all law enforcement or other government officials, as we in our sole discretion believes to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to the foregoing. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.

17.6 Release

You hereby release and forever discharge Big Time Tech Ltd and our officers, employees, agents, successors, and assigns (the ‘Big Time Tech Ltd Entities”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users of the Service or any Third-Party Service). YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE OF ANY OTHER JURISDICTION, WHICH STATES IN SUBSTANCE: ‘A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

17.7 Assumption of Risk Related to Assets and NFTs

You acknowledge and agree that:

You are solely responsible for determining what, if any, taxes apply to your transactions involving Assets or NFTs. Neither us nor any other Big Time Tech Ltd Entity is responsible for determining the taxes that may apply to transactions involving Assets or NFTs.

NFTs available from the Service exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such NFTs.

There are risks associated with using digital currency and digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your information.

The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and NFTs is evolving, and new regulations or policies may materially adversely affect the same.

There are risks associated with purchasing user-generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable.

We reserve the right to hide collections, contracts, and assets that we suspect or believe may violate this Agreement. NFTs you purchase may become inaccessible on the Service. Under no circumstances shall the inability to access or view your assets on the Service serve as grounds for a claim against us.

We have no responsibility for any Asset or NFTs after the initial offering or sale of such Asset or NFTs. We do not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any Asset or NFT.

17.8 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless us and the Big Time Tech Ltd Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, ‘Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, Content or Assets or NFTs, including, without limitation, any act or omission involving any third party in connection with the minting, listing, buying, selling, or trading of any NFTs hereunder; (b) any Feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party, including another User; (e) any breach or non-performance of any covenant or agreement made by you; (f) your Content or the minting, listing, buying, selling, or trading of any NFTs; or (g) any Assets (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify us of any third-party Claims and cooperate with the Big Time Tech Ltd Entities in defending such Claims. You further agree that the Big Time Tech Ltd Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND BIG TIME TECH LTD.

17.9 Tax Compliance and Prohibited Transactions

Users are strictly prohibited from engaging in any form of tax avoidance or evasion on our marketplace. This includes, but is not limited to, creating multiple accounts to artificially lower the taxable value of goods by transferring them between accounts at unreasonably low prices before requesting shipment. Any attempt to manipulate transactions for the purpose of reducing tax obligations will be considered a violation of our Terms and may result in account suspension, termination, and potential legal action. We reserve the right to investigate and report any suspicious activity to the appropriate tax authorities.

17.10 Disclaimers

THE SERVICE, CONTENT CONTAINED THEREIN, AND BIG TIME TECH LTD NFTS LISTED THEREIN ARE PROVIDED ON AN ‘AS IS” AND ‘AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. BIG TIME TECH LTD DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE BIG TIME TECH LTD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY ASSETS OR NFTS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING IN CONNECTION WITH ANY RECOMMENDATION. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY PURCHASE OR USE OF BIG TIME TECH LTD NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, BIG TIME TECH LTD NFTS OR DIGITAL WALLETS.

ASSETS AND NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE POLYGON LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT WE OR ANY BIG TIME TECH LTD ENTITY CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ASSET OR NFTS. WE CANNOT AND DO NOT GUARANTEE THAT ANY ASSET OR NFT WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL ANY ASSET, NFT, OR THE PHYSICAL CARD SUCH ASSET OR NFT IS REDEEMED FOR, THAT WAS PURCHASED OR ACQUIRED THROUGH THE SERVICE.

We are not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Assets or NFTs. We are not responsible for any delay or failure to report any issues with any blockchain supporting our Service or NFTs, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING ANY SELLERS OF ASSETS OR BIG TIME TECH LTD NFTS OR ANY THIRD-PARTY OFFERORS OF BIG TIME TECH LTD NFTS OR OFFEROR NFTS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE OR THIRD-PARTIES.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

18. Dispute Resolution

Please read carefully the following arbitration agreement (‘Arbitration Agreement”). It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at info@clutchpacks.io. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. J AMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial. YOU AND Big Time Tech Ltd HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in MALTA. All other disputes, claims, or requests for relief shall be arbitrated.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to info@clutchpacks.io within thirty (30) days after first becoming subject to this Arbitration Agreement by creating an account or otherwise using our Service. Your notice must include your name and address, your username (if any), the Wallet address used to connect to the Service (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability. Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.

Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing us at info@clutchpacks.io and expressly opting out of this Arbitration Agreement.

19. General

The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to use, export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. You acknowledge and agree that products, services or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer our products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations. This Agreement, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of Malta, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of Malta. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We reserve the right in our sole discretion to (i) modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you; and (ii) terminate your right to access or use the Service at any time and for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in connection with any such event as described in the foregoing sentence and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent from us. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for our benefit and you and shall not confer third party beneficiary rights upon any other person or entity.

20. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements