Terms of Service

These Terms of Service (Terms) govern your access to and use of the MVMNT website, applications, interfaces, and related services (collectively, the Service). The Service is provided under the name MVMNT (MVMNT, we, us, or our).

By accessing or using the Service, you agree to be bound by these Terms and the policies referenced in the Service, including the Privacy Policy and the Copyright and Intellectual Property Policy (DMCA Compatible) (together with these Terms, the Policies).

1) Changes to These Terms

We may update these Terms from time to time. We will update the Last Updated date and may provide notice through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

2) Definitions

Capitalized terms used in these Terms have the meanings below.

• Account: A user account (if any) associated with your use of the Service.
• User: Any person accessing or using the Service.
• Individual User: A User acting in a personal capacity (not as a business or charity).
• Business User: A User acting on behalf of a business, brand, shop, or commercial activity.
• Charity User: A User acting on behalf of a charitable organization or approved donation beneficiary.
• Seller: A User who lists or sells items through the Service.
• Buyer: A User who purchases items through the Service.
• Beneficiary: A charitable organization approved by MVMNT to receive donations through the Service.
• Listing: An item, offer, campaign, or content offered through the Service.
• Physical Item: A tangible product shipped to a Buyer.
• POD Item: A print-on-demand or made-to-order item.
• Digital Item: A non-physical item (including NFTs or digital content).
• Token: A blockchain-based token, including Brand Tokens and Meme Coins.
• Brand Token: A Token intended to provide utility within the Service, and which may be created by a Business User or Charity User (not an Individual User), as enabled by the Service.
• Meme Coin: A Token that may be created by any User and is generally community-led and non-official; it may be traded outside the Service and may have no inherent utility unless used in connection with community or brand experiences.
• NFT: A non-fungible token.
• Wallet: A blockchain wallet used to interact with the Service.
• Smart Contract: Blockchain software code deployed to a blockchain network.
• Escrow Contract: A Smart Contract used by the Service to hold and distribute funds according to pre-set rules.
• Donation Component: The portion of a transaction designated for donation to a Beneficiary.
• High-Value Threshold: A transaction or listing value threshold determined by MVMNT and disclosed in the Service (and may change over time).
• Content: Text, images, audio, video, metadata, listings, and other materials appearing on or submitted to the Service.
• Policies: These Terms and the policies referenced in the Service, including the Privacy Policy and the Copyright and Intellectual Property Policy (DMCA Compatible).

3) Eligibility

You may use the Service only if you:

• 3-1) Are at least 18 years old (or the age of legal majority in your jurisdiction).
• 3-2) Are not prohibited from using the Service under applicable law.
• 3-3) Are not located in, ordinarily resident in, or acting on behalf of any person or entity in any jurisdiction subject to comprehensive sanctions or restrictions that would prohibit your use of the Service.

We may restrict or refuse access to the Service in any jurisdiction at our discretion.

4) Account Types and Permissions

4-1) Individual Users

Individual Users may browse, purchase, and participate in community features as allowed. Individual Users may not create or issue Brand Tokens.

4-2) Business Users

Business Users may be permitted to open shops, create Listings, sell items, and (if enabled in the Service) create Brand Tokens, subject to these Terms and Service rules.

4-3) Charity Users and Beneficiary Whitelist

Beneficiaries and Charity Users are subject to a whitelist or approval process. MVMNT may approve, reject, suspend, or remove any Beneficiary or Charity User at any time in its discretion, including for compliance, integrity, trust, or policy reasons.

Beneficiary removal: If a Beneficiary violates these Terms or the Policies, MVMNT may remove the Beneficiary from the Service and prevent future Donation Components from being directed to that Beneficiary through the Service.

5) Wallets, Non-Custodial Use, and Security

5-1) Non-Custodial Nature

The Service is designed to support non-custodial blockchain use. You control your Wallet and private keys. We do not have access to your private keys and cannot recover them.

5-2) Your Responsibility

You are solely responsible for securing your Wallet, private keys, seed phrase, and devices; verifying transaction details before signing; and any losses due to compromised wallets, phishing, malware, or user error.

5-3) Irreversibility

Blockchain transactions are typically irreversible once confirmed. You accept the risk that transactions cannot be reversed, canceled, or refunded by MVMNT.

6) Marketplace Model and Role of MVMNT

6-1) Marketplace Intermediary

The Service provides a marketplace and interface that allows Sellers and Buyers to interact. MVMNT is not the seller of third-party items unless the Listing explicitly states otherwise in the Service. Contracts for sale are generally formed between Buyer and Seller.

6-2) Seller Responsibility

Sellers are responsible for their Listings, including accuracy, legality, fulfillment, and customer service. MVMNT does not guarantee the quality, safety, legality, authenticity, or delivery of third-party goods.

6-3) Disputes Between Users

Disputes between Buyers and Sellers should be resolved directly between them. MVMNT has no obligation to resolve disputes or provide refunds.

7) Prohibited Items and Conduct

You may not use the Service to list, sell, donate, or promote:

• 7-1) Illegal drugs, controlled substances, or anything facilitating illegal drug distribution.
• 7-2) Stolen goods or illegal counterfeit goods.
• 7-3) Items infringing intellectual property rights.
• 7-4) Items that violate sanctions laws or export controls.
• 7-5) Items unlawful in relevant jurisdictions for sale, purchase, or shipment.
• 7-6) Any deceptive, fraudulent, or harmful conduct.

MVMNT may remove Listings, restrict visibility, suspend Accounts, block transactions, or take other actions to enforce these rules.

8) Verification and KYC

MVMNT may require identity verification (KYC) for certain activity, including:

• 8-1) Selling items above the High-Value Threshold (including listing, selling, or receiving proceeds from such sales).
• 8-2) Elevated risk signals (such as suspected prohibited items, fraud, or policy violations).
• 8-3) Where required to comply with applicable law or to protect marketplace integrity.

If KYC is requested and not completed, MVMNT may restrict access to certain features, including preventing high-value Listings, limiting sales, delaying or blocking payouts, or suspending an Account.

The High-Value Threshold may be determined and adjusted by MVMNT and disclosed in the Service or related policies.

9) Payments, Fees, and Taxes

9-1) Crypto Payments and Network Fees

Many transactions are executed in cryptocurrency. You are responsible for all network fees, wallet fees, and any third-party costs.

9-2) Platform Fees

MVMNT may charge platform fees as disclosed in the Service. Fees may change over time.

9-3) Taxes

Sellers are generally responsible for determining, collecting, reporting, and remitting applicable taxes (including VAT or sales tax) related to their sales, unless otherwise stated in the Service. Buyers are responsible for duties, customs fees, or import taxes.

MVMNT does not provide tax advice.

10) Smart Contract Escrow for Commerce Transactions

For eligible commerce transactions, the Service may route funds into an Escrow Contract.

Funds may be held in an Escrow Contract for a period disclosed in the Service and then released according to the Escrow Contract rules and Service disclosures.

Escrow is implemented via Smart Contracts and may be impacted by network congestion, outages, forks, bugs, or exploits. MVMNT does not guarantee timing, availability, or correctness of Smart Contract execution.

11) Donations and Beneficiaries

11-1) Donation Settings for Commerce

For donation-linked commerce, Sellers may designate the Donation Component either as a percentage of the purchase amount or as a fixed amount. The applicable Donation Component must be disclosed in the Listing or Service interface.

11-2) Donor Treatment and Donation Receipts

For donation-linked purchases, the Buyer may be treated as the donor for purposes of donation acknowledgement.

Donation and tax receipts are issued by the Beneficiary, not by MVMNT. Eligibility for tax deductions depends on the Beneficiary and the laws of your jurisdiction. MVMNT does not guarantee that any payment is tax-deductible.

MVMNT may share certain donor and transaction details with the relevant Beneficiary to support acknowledgements and donation receipts, as described in the Privacy Policy.

11-3) Direct Donations

The Service may allow direct donations via a Beneficiary page. Direct donations are generally transmitted to the Beneficiary without a holding period. Direct donations may be subject to platform fees as disclosed in the Service.

11-4) Token-Activity Donations

The Service may apply donation mechanisms to certain token-related activities as disclosed in the Service. Donations may be aggregated and sent in batches as disclosed in the Service.

11-5) Beneficiary Whitelist and Removal

Beneficiaries must be approved by MVMNT. MVMNT may remove or suspend Beneficiaries at any time, including for policy violations. Past transfers may be irreversible.

11-6) MVMNT Is Not a Charity and No Tax Advice

MVMNT provides tools and interfaces that may facilitate donation-linked transactions and direct donations, but MVMNT is not a charity and does not provide tax, legal, or financial advice. The selection, operation, and use of funds by any Beneficiary are the responsibility of that Beneficiary.

12) Returns, Cancellations, and Disputes

12-1) Seller Policies

Each Seller may set its own return or refund policy, which should be disclosed in the Listing or Seller shop. Buyers and Sellers are responsible for understanding and complying with those policies.

12-2) Digital Items and On-Chain Assets

Digital Items, Tokens, NFTs, and on-chain transactions are typically final and non-refundable, unless required by law or explicitly stated otherwise in the Service.

13) Tokens and NFTs

Brand Tokens are intended to provide utility within the Service. MVMNT does not promise any value, liquidity, or utility outside the Service.

Meme Coins may be community-led and non-official, and may be traded on external marketplaces or exchanges outside the Service. MVMNT does not control third-party exchanges and does not guarantee listings, liquidity, price, or utility of any Meme Coin outside the Service.

Owning an NFT does not automatically transfer copyright or other intellectual property rights in the underlying content.

14) Brand Token Additional Issuance Voting

If Brand Tokens support additional issuance, the Service may require holder approval before additional issuance can occur. As currently designed in the Service (and as may be disclosed or updated within the Service), voting may include a 31 day period and a 70 percent approval threshold. MVMNT does not guarantee participation levels, outcomes, or token value.

15) Risk Disclosures

Cryptocurrency, Smart Contracts, networks, and third-party services involve significant risk. You use the Service at your own risk.

16) Content, User Content, and License

You retain ownership of Content you submit, subject to the license below.

By submitting Content, you grant MVMNT a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, publish, adapt, and distribute that Content for operating, improving, and promoting the Service.

17) Copyright, Trademark, and IP Complaints

The Service maintains a Copyright and Intellectual Property Policy (DMCA Compatible) describing how to report alleged infringement and how to submit counter notices where applicable.

All IP notices, counter notices, and related communications must be submitted using the in-Service IP reporting forms. Because blockchain data may be immutable, MVMNT may be able to remove or restrict content in the Service interface but may not be able to remove on-chain records.

18) Privacy

Our Privacy Policy describes how we collect, use, and share information. It is incorporated into these Terms by reference.

19) Suspension and Termination

MVMNT may suspend or terminate access at any time, with or without notice, including if you violate these Terms or the Policies, engage in illegal conduct, are a repeat infringer, or fail to complete required verification for high-value or high-risk activity.

20) Disclaimers

To the fullest extent permitted by law, the Service is provided as is and as available, and MVMNT disclaims all warranties, express or implied. MVMNT does not guarantee outcomes related to donations, token utility or value, or delivery performance by Sellers.

21) Limitation of Liability

To the fullest extent permitted by law, MVMNT will not be liable for indirect or consequential damages and will not be liable for third-party Listings, Sellers, Buyers, Beneficiaries, blockchains, Wallets, or Smart Contracts. MVMNT total liability will not exceed fees paid to MVMNT by you (if any) in the three (3) months before the event giving rise to the claim.

22) Indemnification

You agree to defend, indemnify, and hold harmless MVMNT from claims arising from your use of the Service, your Listings, Content, or transactions, your violation of these Terms, or your violation of law or third-party rights.

23) Governing Law and Dispute Resolution

These Terms are governed by the laws of Panama.

Before initiating a formal claim, you agree to attempt to resolve disputes informally by submitting a notice through the Service contact forms. If unresolved, the parties agree to the exclusive jurisdiction of the competent courts located in Panama, unless MVMNT elects (at its discretion) to use an alternative dispute resolution mechanism permitted by applicable law.

Nothing limits any non-waivable consumer rights you may have under applicable law.

24) Miscellaneous

24-1) Entire Agreement

These Terms and the Policies form the entire agreement regarding the Service.

24-2) Severability

If any provision is held invalid, the remaining provisions remain in effect.

24-3) No Waiver

Failure to enforce a provision is not a waiver.

24-4) Assignment

You may not assign your rights under these Terms. MVMNT may assign these Terms at its discretion.

24-5) Force Majeure

MVMNT is not liable for events beyond its reasonable control.

25) Contact

For questions, complaints, legal notices, and other communications to MVMNT, you must use the contact forms available within the Service.