Terms of Service

Last Updated: 2025/2/21

Welcome to heroesofpenta.com (the “Website”). By accessing or using our Website or services (collectively, the “Services”), you agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, you may not use the Services.

1. Acceptance of Terms

By creating an account, interacting with our Website, or otherwise using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 16 years old or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet these requirements and that all information you provide to us is accurate and truthful.

3. Account Registration

• You may need to register an account to access certain features of the Services (e.g., minting NFTs, training heroes, or subscribing to our newsletter).
• When creating an account, you may be asked to provide a Web3 wallet address, Instagram account username, TikTok account username, or other information. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
• You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Heroes-of-Penta-Hero-NFTs and XP

• Users can mint “Heroes-of-Penta-Hero-NFTs” (“Heroes”) through the Services. Ownership of a Hero is recorded on-chain, and any XP (experience points) gained through the Website’s training features is also recorded on-chain on the Scroll network.
• If you select a primary Hero and mention our Instagram or TikTok account in your posts, we analyze the content to determine XP eligibility. Results are applied to your Hero on-chain.
• We do not store full media content of user posts; however, we keep a hash for duplicate-checking, which may be periodically deleted.
• Once XP has been awarded on-chain, it cannot be reversed or removed by us.

5. User Conduct

By using our Services, you agree not to:

• Violate any applicable law, regulation, or contract.
• Infringe upon the rights of others, including intellectual property rights or privacy rights.
• Submit false or misleading information to us.
• Engage in fraudulent or deceptive practices.
• Upload or transmit any virus, malware, or other harmful code.
• Use the Services to post or transmit content that is hateful, obscene, or otherwise objectionable.

6. Intellectual Property

• The Website, including its “look and feel” (e.g., text, graphics, images, logos), as well as all underlying software, is owned by or licensed to us and is protected by intellectual property laws.
• You may not copy, modify, distribute, sell, or lease any part of our Services or included software unless you have our explicit written permission.
• All trademarks, service marks, and trade names (e.g., the “Heroes of Penta” name and logos) are owned, registered, and/or licensed by us. You do not acquire a license or any ownership rights to any trademark or service mark through your use of the Services.

7. Payment and Fees

Certain features, such as minting NFTs or engaging in other blockchain transactions, may require payment of fees (e.g., gas fees). You are solely responsible for paying any applicable fees and for understanding the risks associated with blockchain technology.

8. Disclaimer of Warranties

• YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
• WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES (INCLUDING OTHER USERS, THIRD-PARTY SITES, OR BLOCKCHAIN NETWORKS).

9. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
• WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Heroes of Penta, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:

• Your use of and access to the Services.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property right or privacy right.
• Any claim that your content caused damage to a third party.

11. Termination

• We may, in our sole discretion, terminate or suspend your access to all or part of the Services at any time, with or without notice, for any or no reason.
• If you wish to terminate your account, you may do so by contacting us at privacy@heroesofpenta.com. Upon account deletion, your personal data will be removed from our database in accordance with our Privacy Policy. However, any on-chain data (such as NFT ownership or XP) cannot be altered or deleted by us.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Austria to resolve any legal matter arising from these Terms or your use of the Services.

13. Changes to the Terms

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Website or by other appropriate means. Your continued use of the Services after any such changes constitute your acceptance of the new Terms.

14. Miscellaneous

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: privacy@heroesofpenta.com

By using heroesofpenta.com and its related Services, you acknowledge that you have read and agree to these Terms of Service.