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These general terms and conditions apply to the websites located at [to be filled in], which are managed and operated by Esports Investment Group AG, reg. no. HRB 723002, with its registered office at Gartnestr. 22 in Basel, 69420, Switzerland. By using the websites or accessing any content provided on the websites, you agree to these general terms and conditions. If you do not agree with any provision of the general terms and conditions, you are not authorized to use the websites and the content provided on the websites further.

Definitions

Abbreviations and terms written in uppercase have meanings specified in the following table.

| Term | Definition |

|--------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Address | An Address refers to a unique alphanumeric code that serves as an identifier for a specific location within a network based on distributed ledger technology, in which the NFT is issued. After its issuance, or minting, the NFT is always recorded in favor of the Address. Through the Address, one can handle the NFT or transfer the NFT from one Address to another. An Address is typically managed through a Virtual Wallet and/or Smart Contract, if the Address serves for the operation of a Smart Contract. The owner of the Virtual Wallet is the owner of all Addresses generated by the said Virtual Wallet, and thus also the owner of the NFTs contained on the given Addresses. |

| AMLZ | Act No. 253/2008 Coll., on measures against the legalization of proceeds from criminal activity and the financing of terrorism, as amended by later regulations. |

| Electronic work | An Electronic work refers to a copyrighted work expressed in electronic and perceptible form, which is associated with an NFT, either as information forming the Electronic work directly contained in the NFT and/or through metadata contained in the NFT referring to the location of the Electronic work. If the NFT includes an Electronic Work whose author is the Issuer, or if the Issuer has the appropriate licensing rights from the actual author of the Electronic Work, when the actual author of the Electronic Work is different from the Issuer, the Issuer provides the Owner with a license to use the Electronic Work associated with the NFT in accordance with Article 4 of the T&Cs. If the NFT includes an Electronic Work whose author is the Operator, or if the Issuer has the appropriate licensing rights from the actual author of the Electronic Work, when the actual author of the Electronic Work is different from the Operator, the Operator provides the Owner with a license to use the Electronic Work associated with the NFT in accordance with Article 4 of the T&Cs. |

| Cryptocurrency | Digital exchangeable unit utilizing distributed ledger technology, used as a medium of exchange (e.g., BTC, ETH, XRP, USDT, etc.). |

| Buyer | A Buyer refers to a User who, through a designated interface, has linked their Virtual Wallet to the Website and has become interested in purchasing/buying an NFT offered by the Issuer through the Website and/or used the Website as an interface to execute a transaction with the NFT in the relevant network directly with the Owner. |

| Visitor | Any person visiting the Website. |

| NFT | NFT refers to the so-called non-fungible token, which represents a unique controllable electronic record stored within the network in which the token is issued, containing (i) information forming the Electronic Work and/or metadata referring to the location of the Electronic Work, (ii) metadata referring to the T&Cs and the rights and obligations of the Owner associated with the token, and possibly also (iii) metadata referring to information about the scope of authorization to use the Electronic Work associated with the given token. |

| Trade | Purchase of an NFT based on a Contract. |

| Personal data | Personal data refers to information about any person, such as an identified or identifiable individual, who can be directly or indirectly identified, in particular by reference to a specific identifier, which might be a name, identification number, location data, network identifier, or one or more special elements of the physical, physiological, genetic, mental, economic, cultural, or social identity of that person |

| OZ | Act No. 89/2012 Coll., the Civil Code, as amended by later regulations. |

| Operator | Esports Investment Group AG, with registration no. HRB 723002, located at Gartnestr. 22, Basel, 69420, Switzerland. |

| Smartcontract | Computer program operating autonomously within the network, defining properties of a specific NFT. Allows NFT management through Addresses. |

| Contracting parties| Refers to the Issuer and the Buyer. A Contracting party is either the Issuer or the Buyer. |

| Agreement | The Agreement refers to the contract for the sale of NFT concluded between the Contracting Parties through the Website, in which the Issuer commits to deliver the NFT, which is the subject of the sale, to the Buyer's designated Wallet Address, and the Buyer commits to accept the NFT and pay the Issuer the purchase price for it. |

| Transaction | A transaction refers to any request for any change within the relevant network that the User makes through their Virtual Wallet, or through their Address (e.g., a request to send a crypto asset to the Smartcontract Address of NFT, a request to issue, or mint, an NFT, etc.). |

| User | A User refers to every Visitor who is a legal entity, or an individual who has reached the age of 18 and is fully competent. The User must meet the conditions set out in Article 6.6 of the T&C with respect to prohibited jurisdictions. |

| Virtual Wallet | A virtual wallet refers to software that allows access and management of so-called private keys, the knowledge of which is essential for managing and generating Addresses and any handling of NFTs through Addresses. |

| Owner | The term "Owner" refers to the person who owns the NFT through the handling of private keys to the Address where the NFT is recorded. Private keys are typically generated and managed by the Virtual Wallet. |

| T&C | "T&C" refers to these general terms and conditions, which define the rights and obligations of the Operator and the Visitor in the context of using the Website, the rights and obligations of the Publisher and the Buyer when trading NFTs issued through the interface of the Website, the rights and obligations of the Publisher and the Operator in creating and issuing NFTs via the Website, and the rights and obligations of the Owner when handling licenses and other rights contained in the NFT. |

| Publisher | "The Publisher" refers to the User who creates a user account through the Website, subsequently has an NFT created by the Operator, and issues and sells this NFT in their own name and on their own account through the Website, in accordance with the terms agreed with the Operator as per these T&C. If ownership of the NFT is associated with rights against the Publisher, the Publisher undertakes to fulfill obligations to the Owner that correspond to the Owner's rights associated with ownership of the NFT. |

| Website | Website refers to the web under the administration and operation of the Operator located under the domain [to be filled in]. |

## 1 Basic provision

## 11 Scope of the T&C

These T&C apply to all Visitors. Before using the Website, every Visitor is obliged to acquaint themselves with the T&C and comply with them.

## 12 Basic obligations of the Visitor

The visitor undertakes not to interfere in any way with the technical nature or content of the Website without the consent of the Operator. Only the Operator has the right to decide on the change, removal, or addition of any part of the Website. Each Visitor is also obliged to refrain from:

- any activities disproportionately exploiting the Website;

- testing, researching, or other activities leading to the discovery or exploitation of vulnerabilities or bugs in the Website or other computer program;

- any action that could lead to the disclosure of Personal Data of other Visitors;

- any actions that are against the law or good morals.

## 13 Binding business conditions

These T&C are binding for all Visitors (i.e., also for all Users). Furthermore, in accordance with § 1751, paragraph 1 of the Civil Code, these T&C govern all mutual rights and obligations of the Contracting Parties arising on the basis of the Agreement concluded between the Contracting Parties via the Website, as well as all mutual rights and obligations arising on the basis of the contractual relationship arising between the Publisher and by the Operator through the Website.

## 14 Incorporation and Contravention of Treaty

The General Terms and Conditions are an integral part of every concluded Contract and become effective between the Contracting Parties upon the conclusion of the Contract. In the case of an explicitly and mutually agreed-upon deviating provision of the Contract from the General Terms and Conditions, the Agreement takes precedence over the wording of these General Terms and Conditions.

## 15 Nature of the Website

The Website is only a tool and interface for the Buyer for a clear and user-friendly display and interaction with the Operator of selected NFTs. For the Publisher, the Website is only a tool for the use of the Operator's services, consisting in the provision and implementation of software, for the purpose of creating NFT according to the specification and with content in accordance with the Publisher's requirements.

## 16 The nature of the NFT sale

Through the Website, the Operator does not carry out any trades with NFTs or provide Visitors with any service related to virtual assets within the meaning of the AMLZ. All legal actions related to NFT trades carried out through the Website are carried out in the own name and on the own account of the Contracting Parties, or Owners, between whom the sale and purchase of NFT takes place.

## 2 Sale of NFTs by the Issuer

## The nature of the message

21 Any advertisement for the sale of NFTs by the Issuer posted on the Website is for informational purposes only and shall be considered solely as an invitation to bid. All Buyers' orders are considered exclusively as a proposal to conclude a Contract. The provisions of § 1732, paragraph 2 of the Civil Code do not apply. The Publisher reserves the right not to conclude a Contract with the Buyer on the basis of its invitation to submit an offer published on the Website, or on the basis of an order, or offer, the Buyer.

## 22 An order

After clicking on a certain NFT offered on the Website, the Buyer will be presented with a window describing that NFT and the rights associated with it. The Buyer will make a binding and irrevocable offer to purchase a certain NFT by clicking on the button:

- "Buy NFT" displayed for a given NFT if it can be ordered directly without an auction, or

- "Place a bid" displayed for a given NFT if it can only be ordered via auction.

The Buyer agrees to the T&C by checking the appropriate box and subsequently confirms the instruction to perform the Transaction on the relevant network in the interface of his Virtual Wallet linked to the Website.

## 23 Conclusion of the Contract - direct purchase

In the case of making a binding offer by the Buyer to purchase NFT directly and without an auction in the sense of Article 2.2 letter a) T&C, the Agreement between the Contracting Parties is concluded at the moment when the Smartcontract of the relevant NFT records the Buyer's payment for the NFT ordered by him and, based on this fact, decides on the issue or NFT minting, to the Buyer's Virtual Wallet Address.

## 24 Conclusion of the Contract - purchase through auction

In the case of making a binding offer by the Buyer to purchase NFTs through an auction in the sense of Article 2.2 letter b) T&C, the Agreement between the Contracting Parties is concluded at the moment when Smartcontract NFT designates the Buyer as the winner of the NFT auction. The winner of the NFT auction is the Buyer whose payment for the NFT is recorded by the Smartcontract and whose payment simultaneously fulfills certain conditions set by the Smartcontract for the relevant auction, based on which the Smartcontract evaluates,thatThe buyer became the winner of the auction and it will allow him to acquire NFT at his disposal, i.e. to make a request for issuance via the relevant network, or NFT minting, to the Buyer's Virtual Wallet Address. All offers of the Buyer in the form of a Transaction within the meaning of Article 2.2 letter b) T&C for the purchase of NFT are binding and irrevocable offers, whereby the Publisher concludes the Agreement in the sense of the previous sentence only with such a Buyer whose offer meets all the conditions and prerequisites set by Smartcontract for winning the relevant NFT auction. To the buyer on the basis of the Transaction made by him in the sense of Article 2.2 letter b) T&C for the purchase of NFT, no rights or claims arise to NFT, nor any rights or claims in relation to the Publisher or Operator.The moment when Smartcontract NFT returns the payment from the Transaction to the Buyer in accordance with Article 2.2 letter b) T&C that the Buyer made a binding irrevocable offer to purchase NFT, such offer made by the Transaction is rejected by the Issuer.

## 25 NFT takeover

The NFT is delivered to the Buyer at the moment when the Buyer is allowed to dispose of the NFT, in the case of:

- direct purchase of NFT according to Article 2.3 T&C at the time of issue, or NFT minting, to the Buyer's Virtual Wallet Address;

- purchase via auction according to Article 2.4 of the General Terms and Conditions the moment when the Buyer is enabled to acquire the NFT at his disposal, i.e. to make a request for issuance via the relevant network, or NFT minting, to the Buyer's Virtual Wallet Address.

## 26 Transfer of ownership.

Ownership of the NFT is transferred to the Buyer at the moment of issue, or NFT minting, to the Buyer's Virtual Wallet Address.

## 3 Prices and fees

## 31 NFT price

The NFT price is published on the Website.

## 32 The price

The price of the NFT is shown excluding transaction fees, and is valid for the duration of its display on the Website. The Owner, Issuer and/or Operator are entitled to change the NFT price at any time.

## 33 Payments in Cryptocurrency.

The Visitor acknowledges that payment of the NFT Prize is only possible in Cryptocurrency.

## 34 Ownership of Cryptocurrency

The Buyer undertakes to make all payments for NFTs exclusively with Cryptocurrencies in his personal possession held at his Virtual Wallet Address. Failure to meet the conditions according to the previous sentence is considered a serious breach of the Agreement and the Publisher is entitled to withdraw from the Agreement, while not being responsible for any damage caused by the withdrawal on the part of the Buyer or a third party.

## 35 Transaction Fees

The User acknowledges that certain transaction fees are associated with each Transaction in the respective network, the payment of which is a prerequisite for the execution of the relevant Transaction, and without payment of the transaction fees, the relevant Transaction will not be executed. The user further acknowledges that transaction fees are not included in the NFT price and that the amount of transaction fees is automatically determined by the respective network and is dependent on the current load of the respective network. The User undertakes to pay all transaction fees associated with the Transaction made by him. Transaction fees are not collected by the Operator or the Publisher, nor are they paid by the Operator and/or the Publisher.

## 4 Licence

## 41 Incorporation of License

In each NFT that includes an Electronic Work, the license to the Electronic Work that is associated with that NFT is incorporated as information constituting the license contained directly in the NFT and/or through metadata that refers to a specific license agreement located within the network. internet (e.g. on a certain website, within IPFS and/or written in a certain network's blockchain).

## 42 Authorized use

The owner of the NFT is entitled to use the Electronic Work, which is part of the NFT, only to the extent determined by the relevant license, which is incorporated into the given NFT in accordance with Article 4.1 of the General Terms and Conditions. The owner of the NFT is obliged to familiarize himself with the incorporated license agreement and to deal with the Electronic Work to the extent of the rights arising from the relevant license.

## 43 Absence of additional permissions

All rights and permissions, including copyright, pertaining to the Electronic Work are reserved and belong to the Publisher and/or Operator. The owner of the NFT does not have any rights in relation to the Electronic Part that is part of the NFT, which do not directly derive from the license incorporated into the respective NFT in the sense of Article 4.1 of the General Terms and Conditions.

## 44 Unauthorized use

Unauthorized use of an Electronic Work means any use of it by a person who is not authorized to use the Electronic Work in a given way. The Publisher and the Operator reserve the right to use all available legal tools and procedures to prevent unauthorized use of the Electronic Work and to claim compensation for all pecuniary and non-pecuniary damage incurred by them as a result of unauthorized use of the Electronic Work, including claims for lost profits.

## 5 More information and risks of NFTs and Cryptocurrencies

The unregulated nature of NFTs and Cryptocurrencies. The User acknowledges that any action or provision of services related to NFTs and Cryptocurrencies is highly risky, that NFTs and Cryptocurrencies are not a regulated and centralized instrument, the value of which would be insured, and the change in their value or quantity is fully dependent on the actions of other private individuals. The user further acknowledges that:

- The operator does not provide investment services according to Act No. 256/2004 Coll., on doing business on the capital market, in particular it is not investment consulting or investment mediation;

- the sale of NFTs and the acceptance of Cryptocurrencies is not an exchange activity according to Act No. 277/2013 Coll., on exchange activities;

- the sale of NFTs and the acceptance of Cryptocurrencies does not constitute a payment service according to Act No. 370/2017 Coll., on payment systems,

while trading with NFTs and Cryptocurrencies is not regulated in detail by Czech law, and the provisions of valid legal regulations, especially the provisions of the OZ, will be applied analogously to the relationships that have arisen.

## 52 Development risk

The operator is not responsible for any future development of the NFT and Cryptocurrency market, including the possibility of a complete loss of their value, a ban by the state, or even their complete disappearance.

## 53 Volatility of NFTs and Cryptocurrencies

NFTs and Cryptocurrencies are highly volatile and their value can go up and down by tens, hundreds, thousands, etc. of percents over short periods of time. The value of NFTs and Cryptocurrencies depends on many circumstances that the Operator cannot influence in any way. The operator bears no responsibility for the fact that the purchased NFTs lose their value or their use is limited due to negative developments in the field of NFTs.

## 54Transparency of NFTs and Cryptocurrencies

All NFT and Cryptocurrency transactions are recorded in a publicly accessible database (blockchain). Thus, everyone can find out at any time how many units of Cryptocurrencies or which NFTs are stored at a specific Virtual Wallet address at a specific time, from which Address these certain Cryptocurrencies or certain NFTs were transferred to this Address and to which Addresses these certain Cryptocurrencies or certain NFTs were transferred from this Address Addresses transferred.

## 55 User Statement

The user declares that:

- the use of NFTs and Cryptocurrencies, their possession, purchase and sale is not prohibited or restricted in the country where the User has a permanent residence to the extent that the performance of the Agreement concluded in accordance with these T&C would violate the law of this country;

- has familiarized himself with the terms of the General Terms and Conditions, agrees with them and has decided that the General Terms and Conditions are suitable for him;

- is familiar with the nature of NFTs and Cryptocurrencies and the risks associated with them, whether legal or technical;

- is familiar with the functioning of Virtual Wallets and the functioning of transactions based on which NFTs and Cryptocurrencies are transferred;

- is aware that transactions within the relevant Cryptocurrency network are irreversible;

- is aware that in the event of loss of access data to the Virtual Wallet on which NFTs and/or Cryptocurrencies are stored, these assets may become permanently unavailable;

- when concluding the Contract according to these T&C, he acts in his own name and on his own account and does not represent, either directly or indirectly, a third party;

- is over 18 years of age and fully autonomous;

- is the sole and final owner of the Cryptocurrencies used in the framework of the Business implemented by the Agreement and is entitled to dispose of them in full without restrictions; and

- acknowledges that by crediting the NFT to the Virtual Wallet address provided by the User, the Transaction becomes irreversible and therefore final.

## 56 Network partitioning

Due to the nature of the distributed ledger technology used, the Operator does not control the network and infrastructure on which Smartcontract and NFT operate, and as a result of a change in the software of this network, it may split (hard fork, soft fork), when two or more parallel networks may be created, and create tokens and smart contracts derived from NFTs and Smartcontracts, which can exist in parallel on all or only some of the networks created in this way. The operator is in no way responsible for any consequences of the network split. Operator and/or Publisher will respond to any network split in its sole discretion. All rights under these T&C apply to the NFT and Smartcontract, i.e. the tokens and Smartcontracts on the respective network on which the NFT was issued.

## 57 Bridge

In the case of using software to transfer NFT to another network (so-called bridge), or similar software using similar functions, as a rule, a token derived from an NFT that exists within another network is created. However, in such a case, the NFT and this derived token are not identical, although they may share some properties (e.g. metadata). The NFT owner acknowledges that in the event of using the bridge and creating a token derived from the NFT, it may lose all rights and privileges associated with the respective NFT that the bridge created the derivative of.

## 58 Rights of Owners of Derivative Tokens

The Issuer and/or the Operator does not implicitly grant and is not obligated to grant any rights to any owners of NFT-derived tokens existing on other networks, for example as a result of a network split or the use of a so-called bridge. However, the Issuer and/or Operator reserves the right to recognize any or all NFT-derived tokens at its discretion. Such recognition requires an express declaration by the Issuer and/or Operator of recognition of such derivative tokens.

## 59 Own assessment and not providing tax advice

Any amount received by the NFT Owner for the further transfer, sale or other disposition of the NFT may be subject to tax or charge under the law governing the Owner's tax obligations. The owner is obliged to independently obtain information on the proper taxation of such performance. The operator does not provide tax or other professional advice regarding the nature of the performance received in connection with the NFT or the transfer of the NFT.

## 6 Anti-Money Laundering Measures

## 61 User Statement

The User declares that the Cryptocurrencies sent by him do not come from the proceeds of criminal activity and the purpose of the Trade or other Transaction according to these T&C is not to legalize the proceeds of criminal activity or to carry out transactions aimed at supporting or financing terrorism in the sense of the AMLZ.

## 62 Own funds

The User undertakes to use only his own Cryptocurrencies to carry out Trades or other transactions according to these T&C. Furthermore, the User undertakes that when using the services of the Operator, he will always act in his own name on his own account and will not act on behalf of a person other than himself.

## 63 Absence of sanctions

The user declares that he is not a person against whom the Czech Republic applies international sanctions within the meaning of Act No. 69/2006 Coll., the Act on the Implementation of International Sanctions, as amended. If this statement is false, the User undertakes not to use the Website and its functionality.

## 64 Other obligations of the User

Furthermore, the User undertakes that the Website for dealing with NFTs, i.e. especially for buying NFTs, creating NFTs, selling NFTs, etc.:

- to keep, transform or transfer property values derived (even in part) from criminal activity or intended to finance terrorism or to finance the proliferation of weapons of mass destruction in violation of international conventions;

- to the transfer of property values from or to persons against whom the Czech Republic applies directly or indirectly, i.e. through other persons, international sanctions within the meaning of Act No. 69/2006 Coll., on the implementation of international sanctions, as amended;

- to the transfer of property values from or to countries that are considered high-risk or high-risk from the point of view of preventing money laundering or terrorist financing; the list of these countries is published and updated by the FATF-GAFI organization via the website or by the European Commission by Commission Delegated Regulation (EU) 2016/1675; and

- to the transfer of property values (even if only in part) to or from a person originating in the aforementioned high-risk or high-risk country; origin means (i) in the case of a natural person, each state of which that person is a national, and at the same time all other states in which he is registered for permanent or other residence, and (ii) in the case of a legal entity, the state in which he has his registered office, all states in which it has a branch, organizational unit or place of business, as well as all states in which any member of the body of such a legal entity or its partner originates in the sense of this provision of the General Terms and Conditions.

## 65 Liquidated damages

The User undertakes to pay the damage or costs incurred by the Operator, or fines imposed in administrative or other proceedings conducted by supervisory authorities, if the damage, costs or fines arise as a result of the User's violation of any provision of these T&C, by circumventing them.

## 66 Prohibited Jurisdictions

User represents that it is not a citizen, resident or corporation domiciled or registered in: United States of America (US), including Puerto Rico (PRI), Virgin Islands (VIR) and other territories held by the United States of America; Canada (CAN), Republic of Singapore (SGP), Hong Kong Special Administrative Region of the People's Republic of China (HKG), People's Republic of China (CHN), Japan (JPN), Kingdom of Thailand (THA), Afghanistan (AFG), Albania (ABL), Bahamas (BHS), Barbados (BRB), Botswana (BWA), Burkina Faso (BFA), Philippines (PHL), Ghana (GHA), Haiti (HTI), Iraq (IRQ), Iran (IRN), Jamaica (JAM) , Yemen (YEM), South Sudan (SSD), Jordan (JOR), Cayman Islands (CYM), Cambodia (KHM), Mali (MLI), Malta (MLT), Morocco (MAR), Mauritius (MUS), Myanmar ( MMR), Nicaragua (NIC), Pakistan (PAK), Panama (PAN), Senegal (SEN), North Korea (PRK), Syria (SYR), Trinidad and Tobago (TTO), Turkey (TUR), Uganda (UGA) , Vanuatu (VUT), Zimbabwe (ZWE), as well as any other country in which fulfillment of the T&C, possession or ownership of Cryptocurrencies would be illegal.

## 7 Defective Performance Rights

## 71 Responsibility for defects

The rights and obligations of the Contracting Parties from defective performance are governed by the relevant provisions of the relevant legal regulations, in particular OZ and Act No. 634/1992 Coll., on consumer protection, as amended. An NFT is only defective if it does not have the properties listed on the Website for that particular NFT prior to its purchase by the Buyer. The Issuer is responsible for defects that the NFT has at the time of acceptance by the Buyer. If the defect becomes apparent within 6 months of receipt, the NFT is deemed to have been defective upon receipt.

## 72 NFT Tour

The Buyer is obliged to inspect the purchased NFT without undue delay after receiving it and notify the Publisher of any defects. The Buyer is obliged to notify the Publisher of an obvious defect of the NFT within 7 days of receipt at the latest. If the defect is not obvious and only appears later after acceptance, it is a latent defect. The Buyer is obliged to notify the Issuer of the detected hidden defect without undue delay, but no later than 24 months after the delivery of the NFT if the Buyer is a consumer and no later than 6 months if the Buyer is not a consumer.

## 73 Rights from defective performance

If the defect represents an insignificant breach of the Contract, the Buyer is entitled to demand the removal of the defect or the provision of a reasonable discount, if this is not unreasonable, the Buyer who is a consumer may demand the delivery of the item without defects. If the defect represents a substantial breach of the Contract, the Buyer is entitled to demand the removal of the defect or the provision of an adequate discount, or withdraw from the Contract. In the case of NFT, the delivery of a new thing cannot be requested.

## 74 Complaint

The Buyer is entitled to claim detected defects with the Publisher via an e-mail sent to the e-mail contact e-mail address of the Operator:[to fill in]. In this e-mail, the Buyer shall state the designation of the NFT, the date of its receipt, a description of the detected defects and what right he/she is exercising from the defective performance.

## 75 Claim decision

The publisher will decide on the complaint within 3 working days from the notification of the defect, or will request additional documents necessary for the decision on the complaint within this period. If additional documents are needed for the decision on the complaint, the Publisher will decide on the complaint within 3 working days of receiving them. The Publisher will communicate the decision on the complaint to the Buyer via e-mail. The Publisher is obliged to handle the complaint itself within 30 days from the eventual decision to acknowledge the complaint, after which the Publisher will send the Buyer a confirmation of the handling of the complaint. If the Buyer does not provide the Publisher with the requested documents for a decision on the complaint, the Publisher is not obliged to decide on the complaint.

## 76 Communication

All communication between the Contracting Parties regarding the complaint takes place electronically via e-mail, in Czech or English.

Claim costs. The costs associated with the handling of the complaint in the event of its acceptance are borne by the Publisher, with the exception of the costs, in particular transaction fees, for the delivery of the complained NFT to the Publisher for the application of the complaint, which is borne by the Buyer. The user acknowledges that he is entitled to reimbursement of costs only in the amount that was absolutely necessary for the purpose of the NFT claim.

## 8 Withdrawal from the Agreement

## 81 Withdrawal from the Contract by the Buyer

The buyer cannot withdraw from the Contract in the sense of § 1837 letter l) OZ, as the subject of the Agreement is the delivery of NFT, which represents digital content that was not delivered on a physical medium and at the same time in the sense of § 1837 letter b) OZ, because NFT is a commodity, the price of which depends on fluctuations in the financial market, regardless of the will of the entrepreneur, or Publisher, and which may occur during the withdrawal period.

Withdrawal from the Agreement by the Publisher. The Publisher may withdraw from the Agreement without giving a reason at any time until the moment when the NFT, which is the subject of the order, is delivered to the Buyer, especially in cases where the fulfillment of the Agreement will not be possible for the Publisher and/or will be disproportionately technically or financially difficult.

## 82 Consequences of withdrawing from the Agreement

In the event of withdrawal from the Agreement, it is canceled from the beginning and the Buyer returns the NFT received from him to the Publisher at the Virtual Wallet Address specified by him no later than 3 working days from the effective date of the withdrawal. The Issuer will return the payment received from him to the Buyer to the Address of his Virtual Wallet no later than 3 working days from the effective date of withdrawal from the Agreement and/or from the date of return of the NFT by the Buyer, whichever occurs later.

## 9 Other rights associated with NFTs

## 91 Incorporation of the right to provide a service

If the NFT Owner's claim to the provision of a certain service is associated with the NFT, such a claim, together with the conditions for its application, is incorporated into the NFT together with the license agreement in the sense of Article 4.1 of the General Terms and Conditions, or separately, as information forming the claim and conditions for its claims contained directly in the NFT and/or through metadata that refers to a specific claim agreement and conditions for its claim located within the Internet (e.g., on a particular website, within IPFS, and/or recorded in the respective network's blockchain ).

## 93 The nature of the claim

If the NFT is associated with a right to provide a certain service, such a claim is considered a call for tenders in the sense of § 1780, paragraph 1 of the Civil Code, on the basis of which the NFT Owner is invited to submit a tender to conclude a future contract according to the conditions incorporated into the relevant NFT according to Article 9.1 of the T&C.

## 94 Conclusion of a future contract

The owner of such an NFT, with which the right to provide a certain service is associated, will make an offer to the Publisher to conclude a future contract in accordance with the conditions established for the conclusion of a future contract, the wording of which is part of the NFT in the sense of Article 9.1 of the General Terms and Conditions. If the Issuer evaluates that the respective NFT Owner has fulfilled all the prerequisites and conditions set for the conclusion of the future contract and, in accordance with these conditions, proposes to the Issuer the conclusion of the relevant future contract, the Issuer accepts the offer of the NFT Owner,and that's it, that for the relevant NFT, via Smartcontract, it indicates that the right has been exhausted, or entitlement to the provision of a certain service. At the moment of acceptance of the NFT Owner's offer by the Issuer according to the previous sentence, the relevant future contract between the Contracting Parties is concluded.

## 95 Availability

If any right of the Owner arising from the ownership of the relevant NFT is enforceable through or with the help of any website or online service, such Owner acknowledges that the relevant website or online service is operated on a best effort basis with no guarantee of availability. The relevant website or online service may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment used to operate such website or online service. Neither the Operator nor the Publisher bear any responsibility for the outage of the relevant website or online service, especially, but not exclusively, such an outage that the Operator or the Publisher could not influence in any way.

## 96 Performance of future contract

If the NFT Owner asserts the right to provide a certain service, subject to the simultaneous fulfillment of the conditions, the wording of which is part of the NFT, on the basis of which the relevant future contract will be concluded, the Issuer undertakes to provide the NFT Owner with the service in question himself or through a third party.

## 97 Duration of claim

The existence of a claim, or the duration of the call for tenders is time-limited, namely for the period specified in the conditions incorporated into the NFT in the sense of Article 9.1 of the General Terms and Conditions.

Defective Performance Rights. Article 7 of the General Terms and Conditions applies in full to rights arising from defective performance from a future contract within the meaning of Article 9 of the General Terms and Conditions.

## 98 Withdrawal from the future contract by the consumer

Each NFT Owner who is a natural person - consumer, and who has concluded a future contract within the meaning of Article 9, is entitled to withdraw from the future contract concluded in this way without giving a reason within 14 days from the day following the date of conclusion of the future contract.

For the purpose of exercising the right to withdraw from the future contract, the consumer must inform the Publisher about his withdrawal from this future contract through the Operator:Esports Investment Group AG, reg. no. HRB 723002, with registered office in Gartnestr. 22 in Basel, 69420, Switzerland, email: [to fill in] in the form of a unilateral legal action (for example, by letter sent through a postal service operator, fax or e-mail). The consumer can use the enclosedsample formfor withdrawing from the future contract, but it is not his obligation. In order to comply with the deadline for withdrawal from the future contract, it is sufficient to send the withdrawal from the future contract before the expiration of the relevant period.

If the consumer withdraws from the future contract, the Publisher will return without undue delay, no later than 14 days from the day on which the Publisher received the consumer's notification of withdrawal from the future contract, all payments that the Publisher received from the consumer from the title of the future contract,including delivery costs (except for additional costs incurred as a result of the consumer's chosen delivery method, which is different from the cheapest standard delivery method offered by the Publisher).

## 99 Impossibility of withdrawal from the future contract by the consumer

If the future contract represents a contract for the provision of services and if the services according to the future contract were provided with the prior express consent of the consumer before the expiration of the period for withdrawal from the future contract and the Publisher informed the consumer before concluding the future contract that in such case he does not have the right to withdraw from the contract , the consumer cannot withdraw from the future contract.

## 10 Issuance of NFTs by the Operator to the Issuer

## 101 Issuance of NFTs

The User can use the services of the Operator to create NFTs, issue NFTs through the Websites and sell NFTs through the Websites, subject to the conditions set through the Website and these T&C.

## 102 Publisher's user account

The User creates a user account of the NFT Publisher according to the procedure and under the conditions specified on the Website. By creating a user account according to this article of the General Terms and Conditions, the User is considered the Publisher for the purposes of Article 10 of the General Terms and Conditions.

## 103 The nature of the message

All advertising of any of the Operator's services, in particular services to create NFT, ensure its issuance and sale, published on the Website is of an informational nature only and is considered exclusively as an invitation to tender. All orders of the Publisher shall be considered solely as a proposal to enter into a contractual relationship, based on which the Operator will create an NFT for the Publisher and enable him to issue and sell it through the Website. The provisions of § 1732, paragraph 2 of the Civil Code do not apply. The Operator reserves the right not to conclude a contract with the Publisher on the basis of its invitation to submit an offer published on the Website, nor on the basis of an order, or offers, Publishers.

## 104 An order

As part of the order, the Publisher and the Operator will agree on specific terms that will govern the contractual relationship between the Publisher and the Operator in the event of acceptance of the order by the Operator.The Publisher, after choosing the range of required services advertised by the Operator on the Website, or choosing the conditions of the relevant contractual relationship, makes a binding and irrevocable offer to purchase the relevant service by expressing consent to the General Terms and Conditions by ticking or unclicking the relevant field, or confirming or providing additional consents and statements to the Operator and subsequently placing the order by clicking the relevant field to execute the order.

## 105 Closurecontract to create an NFT. [to fill in]

## 106 Reward The operator

In the event of concluding a contract in accordance with Article 10 of the General Terms and Conditions, the Publisher undertakes to pay the Operator the agreed remuneration. In the case of arranging a fee as a share of the Issuer's fee flowing to the Issuer from each NFT sale and/or as a share of each NFT sale, the Issuer, for the purpose of payment of the fee, expressly consents to the NFT Operator creating the Operator in such a way that the relevant Operator's fee is paid to the Operator directly to the Address of the Virtual Wallet chosen by him based on the functionality of the relevant Smartcontract, i.e. for the Smartcontract of the relevant NFT to send part of the purchase price of the NFT during each sale directly to the Address of the Virtual Wallet chosen by the Operator.

## 107 Ownership of an NFT passes when it is created

Ownership of the NFT is transferred to the Issuer at the time of issue, or NFT minting, to the Buyer's Virtual Wallet Address.

## 108 Cessionfrom the Contract by the Publisher

If the Publisher is a consumer and if the contract, the subject of which is the NFT creation service, is a contract for the provision of services, and if the services according to this contract were provided with the prior express consent of the Publisher before the expiration of the period for withdrawing from the future contract and the Operator before the conclusion of the future contract informed the Publisher that in such a case the Publisher does not have the right to withdraw from the contract, the Publisher cannot withdraw from such a contract. If the Publisher is not a consumer, he may withdraw from the contract only for legal reasons.

## 109 The relationship between the Issuer and the NFT

The Operator creates the NFT for the Publisher exclusively in accordance with the Publisher's instructions, while in particular all Electronic Works, the scope of the license to the Electronic Works and the rights and obligations accruing to the NFT Owner are incorporated into the NFT at the Publisher's express instruction. The Operator will not create an NFT for the Publisher without prior final express consent to the form and content of the NFT. The issuer always issues NFTs on its own account and in its own name through the relevant Smartcontract. The Publisher is fully responsible for all the content of the NFT, as well as for the fulfillment of all the rights of the Owner arising from the ownership of the NFT, or obligations that accrue to the Publisher in relation to the Owner. The Operator bears no responsibility in relation to the form and content of the NFT, nor in relation to the fulfillment of the rights of the Owner of the NFT, which flow to the Owner from the ownership of the NFT.

## 1010 Electronic work in NFT

If the NFT includes an Electronic Work, the author of which is the Publisher, or if the Publisher has the relevant license rights from the actual author of the Electronic Work in the event that the actual author of the Electronic Work is a person other than the Publisher, the Publisher undertakes and declares in particular that:

- is entitled to provide the Electronic Work to the Operator for implementation into the NFT;

is entitled to instruct the Operator to implement them into the NFT, including all related modifications and processing;

- is entitled to grant the Operator the appropriate license to the extent necessary for the implementation of the Electronic Work into the NFT;

- is entitled to grant the relevant license to the extent incorporated into the NFT within the meaning of Article 4 of these T&C to each Owner;

- by providing the Electronic Work, there is no misuse of any copyrighted works, and it is also undertaken that the use of the Electronic Work according to the General Terms and Conditions will not affect any rights of third parties;

- all necessary authorizations, consents and licenses related to the provision of the Electronic Work according to the T&C were handled by the Publisher at its own expense and responsibility.

The Publisher bears full responsibility towards third parties in connection with the provision of the Electronic Work and the granting of the license, including the claims of third parties asserted in connection with the provisions of valid and effective legal regulations regulating and defining copyright, personal data protection, as well as other legal regulations. In the event that it becomes clear that the Publisher's actions have violated the rights of a third party, in particular copyright or personal rights, he is fully responsible for such violation.

## 1011 Other rights incorporated into the NFT

The Publisher undertakes and declares that it is authorized to provide the Owner with all rights incorporated into the NFT according to these T&C, or that he is authorized and fully qualified to fulfill or ensure the fulfillment of all obligations owed to the Issuer and/or a third party towards the NFT Owner. The Publisher further declares that there are no factual or legal obstacles preventing it from fulfilling any obligations owed to the Publisher and/or a third party towards the NFT Owner.

## 1012 Publisher's Liability

The Publisher is fully liable to the Operator and any third party for all pecuniary and non-pecuniary damage incurred by the Operator and/or this third party as a result of the fact that any statement by the Publisher under the T&C, or any part thereof, turns out to be false.

## 11 Website License

## 111 Website Disclaimer

All rights to the Website, in particular copyright to the content, including page layout, texts, photos, films, graphics, trademarks, logos and other content and elements, belong to the Operator. It is forbidden to copy, modify or otherwise use the Website or its part without the consent of the Operator contrary to its purpose.

## 112 Licence

The visitor obtains a non-exclusive, non-transferable right to use the Website, which is an author's work protected under Act No. 121/2000 Coll., on copyright, on rights related to copyright and on the amendment of certain laws (Copyright Act), as amended. Visitor has no right to sublicense or assign its right.

## 113 No interference

The operator is not responsible for errors arising as a result of interventions by third parties in the Website or as a result of their use contrary to their intended purpose. When using the Website, the visitor may not use procedures that could have a negative effect on its operation. The Visitor is not authorized to obtain access to the source code of any computer program related to the operation of the Website and is not authorized to perform any activities aimed at providing access to the source code of such computer program, including decompilation or reverse engineering. The visitor is not authorized to interfere in any way with the Website or the related content, process it, combine it with other works or change it in any other way.

## 12 Liability of the Operator, Publisher and Visitor

## 121 Exclusion of the Operator's liability

The Operator is not liable to the Visitor for any damage or non-property damage, with the exception of damage caused intentionally, due to gross negligence or damage caused to a person's natural rights. If, according to the legal order, it is not possible to contractually exclude damages in the above-mentioned manner, but it can be limited, Article 12.2 of the General Terms and Conditions shall be used for the purposes of limitation.

## 122 Limitation of the Operator's liability

Under no circumstances is the Operator obligated to compensate the Visitor for loss of profit, any non-pecuniary damage or any damage or non-pecuniary damage caused to a third party. If the Operator is obliged to compensate the Visitor for any damage or non-pecuniary damage, then the total compensation for all such cases will not exceed the amount corresponding to the sum of all amounts paid by the Visitor to the Operator in connection with the use of the Website according to the T&C and in connection with the use or transfer of NFT.

## 123 Higher power

The operator is not responsible for damage caused by force majeure at the time of making the NFT purchase. In particular, the operator is not responsible for electricity or internet outages that they could not influence in any way.

## 124 Incorrect User procedure

The Operator is not responsible for damage caused as a result of the User's incorrect procedure when dealing with the Website, in particular when buying, creating, issuing or selling NFTs. In particular, the Operator is not responsible for damage caused by entering an incorrect Virtual Wallet Address when purchasing, creating, issuing or selling NFTs via the Website and/or loss, theft or misuse of the Owner's Virtual Wallet password.

Use of NFT by Owner. The Operator is not responsible for the manner in which the NFT Owner uses the relevant NFT.

## 125 Website Operation

The operator reserves the right at any time and without prior notice to limit, interrupt or terminate the operation of the Website and related systems for technical or other operational reasons, especially in the context of maintenance or changes to the Website. The Website or any related systems may also be temporarily unavailable due to unplanned outages caused by a fault, malfunction or other event. The Operator is not liable to the Visitor or any other person for damage that occurs in connection with the restriction, interruption or termination of the operation of the Website and related systems.

## 13 Privacy Protection

## 131 Personal data

To ensure the proper functioning of the Website, it is necessary for the Operator to collect certain Personal Data of the Visitor and further process it. The operator undertakes to handle the Visitors' Personal Data exclusively in accordance with the applicable legal regulation.

## 132 Privacy Policy

Detailed information on what Personal Data the Operator processes and how it is handled is provided in the terms of privacy protection, which are available through the corresponding section on the Website.

## 14 Conflict solving

## 141 The path of peace

The Operator and any Visitor declare that disputes arising from or in connection with the Agreement and/or in connection with any legal relationship arising in connection with these T&C will be resolved amicably, in particular by personal negotiations of the relevant parties to the legal relationship. For this purpose, please let the Visitor first contact the Operator via the e-mail address: [to fill in]. Only if it is not reasonably possible to assume that reconciliation will be achieved, the dispute will be resolved before the competent public authority.

## 142 Decisive right

All agreements between the Contracting Parties and agreements between the Operator and the Visitor are governed by the legal order of the Czech Republic. If the relationship established by the Contract or otherwise according to these T&C contains an international element, then the Contracting Parties and the Operator and the Visitor agree that the relationship is governed by the law of the Czech Republic. This does not affect consumer rights arising from generally binding legal regulations.

## 143 Jurisdiction

All disputes arising in connection with these T&C will be finally discussed and decided by the District Court for Prague 4, if the district court is materially competent to hear the dispute, or by the Municipal Court in Prague, if the regional court is materially competent to hear the dispute.

## 144 Alternative dispute resolution

The out-of-court settlement of consumer disputes arising from or in connection with the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, IČO: 000 20 869, internet address:https://adr.coi.cz. The consumer can also use the online dispute resolution platform located at the Internet addresshttps://ec.europa.eu/consumers/odr.

## 145 Codes of conduct

Neither the Operator nor the Publisher are bound by any codes of conduct in relation to the User in the sense of § 1826 paragraph 1 letter e) OZ.

## 15 Changes to terms and conditions

## 151 Subject to change

The operator reserves the right to unilaterally change, supplement or cancel the content of the T&C at any time. The operator may change or supplement these T&C at any time to the appropriate extent.

## 152 Notification of changes

The Visitor will be informed about changes to these T&C and their new wording on the Website. The new version of the General Terms and Conditions will be effective from the moment of its publication on the Website and is binding for the Visitor on each subsequent visit to the Website and/or Transaction made after the publication of the new version of the General Terms and Conditions. The rights and obligations arising during the period of validity of the previous version of the General Terms and Conditions are not affected by this.

## 16 Communication

## 161 Electronic form of communication

All communication, notification or information according to the General Terms and Conditions or other conditions will take place in electronic form through the e-mail address of the Operator specified on the Website.

## 162 Identity verification

The Operator reserves the right to demand proof of identity from the Visitor in connection with communication with the Visitor or in connection with the Visitor's legal action against the Operator. The Visitor's legal action is effective against the Operator only from the moment the Visitor's identity is verified.

## 17 Final Arrangements

## 171 Prohibition of set-off

The Visitor is not entitled to set off any of his claims against the Operator, including the set-off of claims acquired on behalf of the Operator from a third party against the Operator.

## 172 Assignment

The Visitor is not entitled to assign any of his claims from obligations from the T&C or related to them to a third party without the prior express written consent of the Operator. The Operator is entitled to transfer all of its rights to the Website, but only if it reasonably believes that this will not have a serious negative impact on the rights of the Visitor or if the Operator has to do so in order to comply with legal or regulatory requirements. The visitor consents to this procedure in advance in the sense of § 1895 of the Civil Code.

## 173 Assumption of risk of change of circumstances

The visitor hereby assumes the risk of a change in circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

## 174 Separability

If any provision of the T&C becomes or is found to be invalid, unenforceable or ineffective, this invalidity, unenforceability or ineffectiveness of the other provisions of the T&C shall not be affected. The operator will respond to such a fact by making a reasonable change to the General Terms and Conditions.

## 175 Efficiency

These Terms and Conditions become effective onto fill in.

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