Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the MNSTR website, applications, smart contracts, and related services (collectively, the "Service") operated by I Know Better, LLC, a New York limited liability company ("Company", "we", "us", or "our"). By accessing or using the Service, including participating in randomized gacha mechanics, purchasing, holding, or transferring MNSTR NFTs, or redeeming any physical assets via our vault partners, you agree to be bound by these Terms.

BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

Our Privacy Policy, available at /privacy, is incorporated by reference. We may update these Terms as described in Section 3.

2. Service; Eligibility; Technology Overview

The Service provides: (a) a randomized gacha experience to mint or acquire MNSTR NFTs; (b) tools to list, transfer, or sell eligible NFTs via compatible third-party marketplaces; and (c) a physical vault redemption flow enabling Users to request delivery of certain physical assets corresponding to specific NFTs (the "Assets") through third-party custodians (each, a "Vault").

• Blockchain: The Service operates primarily on the Base network (an Ethereum Layer 2). Transactions require gas and are irreversible.
• Payments: Purchases may require USDC or other supported tokens on Base; third-party processors may apply fees.
• Wallets: You are solely responsible for any self-custodial or smart/embedded wallet (e.g., Privy) you connect, including private keys and approvals.

COLLECTIBLES DISCLOSURE: MNSTR NFTs and corresponding Assets are collectibles. They are not investments, deposits, securities, or derivatives, and we do not provide investment advice.

3. Changes to Terms

We may modify these Terms at any time. We will indicate the effective date above and may provide additional notice where required. Your continued use of the Service after changes go into effect constitutes acceptance of the revised Terms.

4. Definitions

• "NFT": a non-fungible token recorded on a blockchain, including Base.
• "Asset": a specific physical collectible corresponding to a particular NFT, where applicable.
• "Vault": a third-party custodian that authenticates, stores, and ships Assets.
• "Wallet": a software/hardware wallet you control (including embedded/smart wallets) used to sign transactions.
• "Gas Fees": network fees required to process blockchain transactions.
• "Buyback/Sellback": an optional offer flow where you may sell back an eligible NFT subject to availability and terms.

5. Accounts; Wallets; Security

You may need an account and/or a Wallet to use parts of the Service. You agree to provide accurate information and to maintain the security of your account and Wallet. You are solely responsible for any activity under your account or Wallet, including approvals granted to smart contracts.

Transactions on Base are final and irreversible. We do not control Base, your Wallet, Privy, or any third-party provider, and we disclaim liability for their acts or omissions.

We may request KYC/AML information and reserve the right to pause or cancel access or redemptions pending verification or for legal compliance.

6. Acceptable Use; Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable laws, regulations, or these Terms
• Engage in fraudulent, deceptive, or manipulative activities
• Attempt to gain unauthorized access to our systems or other users' accounts
• Transmit viruses, malware, or other harmful code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Use the Service for money laundering, terrorist financing, sanctions evasion, or unlawful activity
• Scrape, copy, or misuse our content without permission
• Manipulate markets (including wash trading, front-running, or price manipulation)

7. Gacha and NFT Terms

• Randomization: Gacha outcomes are random within defined parameters; no specific result is guaranteed.
• Minting and Transfers: NFTs are minted/transferred via smart contracts on Base; we cannot reverse or modify on-chain events.
• Fees: You are responsible for all Gas Fees, Taxes, and any platform or processor fees.
• Buyback/Sellback: Any sellback or buyback offers are optional, time-limited, capacity-limited, and at our discretion. We do not guarantee availability, pricing, or timing.
• No Refunds: All gacha purchases and NFT sales are final and non-refundable.
• Secondary Marketplaces: Third-party marketplaces may be used subject to their terms. We are not a party to those transactions and disclaim liability for them. Royalties/fees may apply.
• Taxes: You are solely responsible for all Taxes related to your transactions and redemptions.

8. Vault; Authentication; Shipping; Redemption

We partner with third-party Vaults for Asset authentication, storage, and shipping. By redeeming, you authorize us to coordinate with a Vault to deliver the Asset to you, subject to their procedures.

• Custody: We are not the physical custodian of Assets. Vaults maintain custody and set their authentication and storage standards.
• Redemption: To request delivery, you may be required to burn or transfer the NFT as instructed. We may require identity verification and a shipping address. Shipping, handling, withdrawal fees, and Taxes are your responsibility.
• Risk Allocation: We are not responsible for delays, loss, damage, or denial by a Vault or shipper, except to the extent caused by our gross negligence or willful misconduct.
• Access: Ownership of the corresponding NFT entitles you to request redemption via the Service; it does not entitle you to direct Vault access.
• Mistaken Shipments: If you receive an Asset that was sent to you by mistake (including but not limited to receiving an Asset you did not order, an Asset intended for another recipient, or an incorrect Asset), you must notify us immediately and make the Asset available for return at our expense. Failure to return a mistakenly shipped Asset may constitute conversion or theft under applicable law. We reserve the right to pursue all available legal remedies, including recovery of the Asset, damages, costs, and attorneys' fees. We may also suspend or terminate your account for failure to comply with this obligation.

9. Privacy; Communications

Our collection and use of personal information are described in our Privacy Policy at /privacy.

By using the Service, you consent to receive electronic communications (e.g., emails, in-product notices). Such communications satisfy any legal requirement that communications be in writing.

10. Intellectual Property; Third-Party IP; DMCA

The Service, including content, logos, and software, is owned by us or our licensors and protected by law. We grant you a limited, non-transferable license to use the Service for personal, lawful purposes.

Pokémon is a trademark of Nintendo, Game Freak, and Creatures Inc. MNSTR is not affiliated with those entities.

If you believe content infringes your copyright, send a DMCA notice to legal@mnstr.xyz including: (i) your signature; (ii) identification of the work and material claimed infringing; (iii) contact information; (iv) a good-faith statement; and (v) a statement under penalty of perjury of your authority to act.

We may remove or disable access to alleged infringing material and may terminate repeat infringers.

11. Indemnification

You agree to indemnify and hold harmless I Know Better, LLC, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your NFTs or Assets, your violation of these Terms, or your violation of any law or third-party right.

12. Assumption of Risk; Disclaimers; Limitation of Liability

• Blockchain Risk: You understand the risks of cryptographic systems, Base, smart contracts, Gas Fees volatility, and irreversible transactions.
• Market Risk: The value of NFTs and Assets is volatile and subjective. We make no guarantees of value, liquidity, or demand.
• Third-Party Risk: We are not responsible for acts or omissions of wallets, marketplaces, Vaults, shipping providers, or any third party.

DISCLAIMER: THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LIMITATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, AND OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US DIRECTLY FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Term; Suspension; Termination

We may suspend or terminate access (in whole or part) at any time, including for suspected fraud, non-compliance, or legal risk. Upon termination, your right to use the Service ceases immediately; on-chain assets remain subject to network rules.

14. Governing Law; Arbitration; Class Action Waiver

These Terms are governed by the laws of the State of New York, without regard to conflicts of laws principles.

Binding Arbitration: Except for small claims or claims seeking injunctive relief for IP or security, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue will be New York County, New York. The arbitration will be conducted in English before a single arbitrator experienced in commercial and technology matters. The arbitrator may award any relief available in court (excluding class-wide relief).

Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE PERSONS.

Opt-Out: You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing legal@mnstr.xyz with your name, Wallet address, and a clear statement that you opt out.

Courts for Carve-Outs: For any permitted court action (e.g., small claims or injunctive relief), the parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

15. Miscellaneous

• Severability: If any provision is unenforceable, the remainder remains in effect.
• Assignment: You may not assign these Terms without our consent; we may assign without restriction.
• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Service.
• No Waiver: Failure to enforce a provision is not a waiver.

16. Contact Information

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