Namefi Terms of Service

Last Updated: 2024-08-30

1. Introduction

Welcome to Namefi, a digital service operated by D3Serve Labs Inc., dba “Namefi” and “Namefi.io”. These Terms of Service (“Terms”) govern your access to and use of our services, including our website https://namefi.io, software, and any related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to all of these terms, do not use the Service.

Permanent URL for current and future Terms of Service: https://namefi.io/tos

2. Service Description and Limitations

Namefi offers a platform for users to register and manage ICANN domain names through our vendor registrars or reseller services. Namefi is not an escrow service, wallet provider, exchange, broker, or similar entity. Our service is in beta; we do not guarantee its operation will be error-free or uninterrupted.

3. Authentication and Security

Our primary authentication mechanism is via blockchain technology and public key encryption, utilizing Ethereum, EVM-compatible chains, or other blockchain public-key accounts, with or without traditional password-based accounts. You are responsible for the security and availability of your identity and keys to access the Service. You must provide accurate information upon account creation and are responsible for maintaining the confidentiality of your account.

4. Legal Compliance and Prohibited Uses

You warrant compliance with all applicable laws, including California, U.S., and international laws. You affirm you are not subject to embargoes or sanctions that prohibit use of our Service. You agree not to use the Service for illegal activities, including but not limited to copyright infringement, fraud, or distribution of malware.

5. Intellectual Property Rights

The Service, including its “look and feel” (e.g., text, graphics, images), is protected by copyright and trademark law. You are granted a limited, non-exclusive, non-transferable license to access and use the Service. You may not use our trademarks without our prior written permission.

6. NFTs and Blockchain Interactions

Namefi utilizes NFTs for domain name management. We do not have custody or control over the NFTs or blockchains you interact with and do not guarantee the functionality of any blockchain technology.

7. ICANN and Registrar Compliance

You agree to comply with all applicable ICANN regulations and policies. You consent to the Uniform Domain-Name Dispute-Resolution Procedure (UDRP) and acknowledge that Namefi may take necessary actions to facilitate compliance with ICANN’s UDRP or other regulatory actions.

8. Fees, Payments, and $NFSC

Fees for the Service are described on our website. Namefi Service Credit ($NFSC) is a proprietary credit system for services offered by Namefi. We reserve the right to manage $NFSC, including adjustments to the pricing and issuance.

9. NFTs and Domain Name Management

Namefi reserves the right to award, freeze, mint, and burn NFTs related to domain names as deemed necessary for the operation of the Service.

10. User Representations and Warranties

By using the Service, you represent that you comply with these Terms and all applicable laws. You acknowledge that the Service is provided “as is” without any warranties of any kind.

11. Indemnification

You agree to indemnify and hold harmless Namefi and its affiliates against any claims arising from your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights.

12. Limitations of Liability and Disclaimers

Namefi disclaims all warranties related to the Service. We will not be liable for any indirect, incidental, special, or consequential damages resulting from the use of the Service. The Service’s availability and reliability are not guaranteed.

13. Arbitration and Dispute Resolution

Any disputes arising under these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to arbitrate disputes on an individual basis and waive any right to participate in class actions.

14. Modifications to Terms and Service

Namefi reserves the right to modify these Terms at any time. Your continued use of the Service after any modification constitutes your acceptance of the new Terms.

15. Vendor and Service Changes

Namefi reserves the right to change vendors, including registrars, to improve the Service. We will make best efforts to minimize service disruptions.

16. Additional Legal Provisions

Severability: If any part of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in effect.

Injunctive Relief: You acknowledge that a breach of these Terms may cause irreparable harm to Namefi for which monetary damages are not sufficient, and consent to Namefi obtaining any injunctive or equitable relief that Namefi deems necessary or appropriate.

Export Laws: You agree to comply with all applicable export and re-export control laws, particularly those of the U.S.

No Professional Advice: Information provided through the Service is for general informational purposes only and should not be considered professional advice.

No Fiduciary Duties: Nothing in these Terms creates a fiduciary relationship between you and Namefi.

No Insurance: You understand that Namefi does not offer any form of insurance or other protection for any loss.

Limitation on Time to File Claims: Any claim related to these Terms must be filed within one (1) year after such claim arose; otherwise, it is permanently barred.

Succession or Subcontracting: Namefi reserves the right to subcontract or transfer our obligations under these Terms to another entity without your consent.

17. Termination

Namefi may terminate your access to the Service at any time, without notice, for any breach of these Terms. Upon termination, your right to use the Service will immediately cease.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in California.

19. Contact Information

For any inquiries or concerns regarding these Terms, please contact us at contact@namefi.io.

By using Namefi, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.