All purchases and sales made through the OWND Platform are subject to OWND ApS' Terms of Service. For more information, please visit our website at ownd.xyz.
(Last updated 1 June 2023)
Welcome to OWND. These Terms of Service (“Agreement”) are between you (also referred to herein as “user”, “you” and “your”) and OWND Aps (“OWND”, “we”, “us” and “our”). OWND is a company incorporated in Denmark and registered with the Danish Central Business Register under CVR number 41694289. OWND operates the OWND Platform and executes orders for the purchase of non-fungible tokens (“NFTs”) that qualify as digital collectibles or digital art. The OWND Platform is a website located at https://ownd.xyz.
This Agreement governs your use of the OWND Platform to view, explore, purchase, store, and resell NFTs that represent fashion and culture. The OWND Platform and all the services, content, software, tools, features and functionalities offered on or through the OWND Platform, are collectively referred to as the “OWND Platform and Services”. By clicking to accept the Agreement and/or by using the OWND Platform and Services you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement. If you do not agree to this Agreement, you may not access or use the OWND Platform and Services. Your use of the experimental OWND Co-Ownership Service offered on the OWND Platform is subject to additional terms that are set out in Addendum A to this Agreement.
OWND may make changes to the Agreement from time to time. If we do this, we will post the changed Agreement on the OWND Platform and will indicate at the top of this page the date the Agreement was last revised. We shall ask you to accept the applicable (revised) Agreement each time you place an order on the OWND Platform. You understand and agree that your continued use of the OWND Platform and Services after we have made any changes constitutes your acceptance of the new Agreement. It is your sole responsibility to review the Agreement from time to time to view such changes and to ensure that you understand the Agreement and conditions that apply when you use the OWND Platform and Services.
The OWND Platform is not an NFT trading platform. OWND is a commercial agent acting exclusively on behalf of NFT buyers. OWND does not enable sellers to list their NFTs for sale on the OWND Platform and does not enable sellers and buyers to trade NFTs with each other via the OWND Platform. OWND is not a custodial wallet provider, exchange, broker, financial institution, payment services provider, or creditor. The content of the OWND Platform and Services do not constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, securities, partnership interests, commodities, or any other financial instruments. The OWND Platform and Services are only provided in respect of NFTs that qualify as digital collectibles or digital art. OWND does not provide any financial, investment, tax, legal or securities advice in connection with its Services. OWND has not endorsed or sponsored any of the NFTs displayed on the OWND Platform, nor does OWND vouch for the merits of NFTs made available. Due to the limited and focused nature of the services provided, OWND is not regulated by the Danish Financial Supervisory Authority and is not subject to the examination or reporting requirements of this authority.
IMPORTANT NOTICE: This Agreement does more than setting out the terms for access to and use of the OWND Platform and Services. It also explains precisely what happens when you place an order on the OWND Platform and the risks you assume when purchasing, holding, and reselling NFTs, as well as the precautions you need to take in order to secure access to your blockchain wallet in the event that something goes wrong (backup of recovery phrase). We strongly encourage you to read this Agreement carefully whether you are already a pro investor in NFTs or about to become one by using the OWND Fiat-to-NFT Service and the OWND Vault Service described below.
In order to access the OWND Platform and Services, you must register as a user on the OWND Platform. Once you have completed the registration process and created a secret password, you are assigned a user account (“Account”). In the course of registering as a user you must provide certain information and satisfy certain conditions. By clicking to accept the Agreement and/or by using the OWND Platform and Services, you declare that you satisfy the conditions for accessing the OWND Platform and Services and that all the information provided by you when registering as a user on the OWND Platform, is correct, current, and complete. The conditions for accessing the OWND Platform and Services are described in further detail below:
Know your customer information: When creating your user account on the OWND Platform (“Account”) you must provide the following customer identification information to OWND: (i) name; (ii) mobile phone number; and (iii) date of birth.
Eligibility: When registering as a user on the OWND Platform, you must confirm that you satisfy the following conditions for being eligible to use the OWND Platform and Services
Sanctions compliance: You represent and warrant that you will comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws and regulations, when using the OWND Platform and Services. For clarity, you are solely responsible for compliance related to the manner in which you choose to use the OWND Platform and Services. Without limiting the foregoing, by using the OWND Platform and Services, you represent and warrant that you are not ordinarily resident in a country that is subject to sanctions, embargoes or similar measures taken by the European Union or the United Nations.
Additional user information: OWND may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of this Agreement. In such cases, OWND, in its sole discretion, may disable your Account and block your ability to access the OWND Platform and Services until such additional information and documents are processed by OWND. If you do not provide complete and accurate information in response to such a request, OWND may refuse to restore your access to the OWND Platform and Services. You will still have access to the NFTs and other crypto-assets stored in your OWND Vault provided that you have backed up your recovery phrase (see Section 4).
Privacy policy: Please refer to our Privacy Policy (Appendix A the present Agreement) for information about how we collect, use, and share personal data about you. By submitting personal data through the OWND Platform, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
Electronic communications: By creating an Account, you consent to receive electronic communications from OWND (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with OWND. OWND may also via email send you promotional communications which we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the OWND Services. You may opt out of these communications (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
Availability: Your access to and use of the OWND Platform and Services may be temporarily unavailable from time to time for maintenance, updating, repair, or other reasons. OWND reserves the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the OWND Platform and Services at any time without notice. Additionally, the OWND Platform and Services may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our services as well as certain circumstances and conditions associated with your use of the OWND Platform and Services. From time to time, OWND may restrict access to some parts of the OWND Platform and Services, or the entire OWND Platform and Services, to users. You accept and acknowledge that OWND will not be liable to your, or any third-party, if, for any reason, all or any part of the OWND Platform and Services is unavailable at any time or for any period.