MITO is a platform for purchasing, selling and displaying non-fungible tokens ("NFTs").

The website is owned by DIGITAL COLLECTIVE TOKENS, SL, holder of Tax Identification Number B04990115, whose headquarters is Calle Violetes, 32 (08197), Sant Cugat del Vallès (Barcelona), and registered in the Commercial Registry of Barcelona, Volume 47,777, Folio 183, Page B-561934 (hereinafter "MITO", "Company", "we" o "us") and e-mail address [email protected].

The following Terms and Conditions, along with any documents they expressly refer to, shall govern your access to and use of MITO, including any content, functionality and services offered on www.mito.io (the "Website").

1. Acceptance of these terms

The present Terms of Use set forth your rights and responsibilities when you use MITO to buy, sell or display non-fungible tokens ("NFTs" or "NFT") or create a collection of NFTs (collectively, the "Services"), therefore, we urge you to read them carefully. MITO is an administrative platform that facilitates transactions between a buyer and a seller, but is not a party to any agreement entered into between the buyer and seller of NFTs or between users. MITO is not a broker, financial institution or creditor.

By clicking the "Continue" button after ticking the "I am at least 18 years old and agree to the MITO Terms of Use" box, you hereby agree to be bound by these Terms of Use and all terms that are referenced herein. By agreeing to these terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms of Use, you must not access or use the Website.

MITO reserves the right to change or modify these Terms of Use at any time at our sole discretion. You hereby agree and are aware that by logging into your account, accessing or using the Website after any changes to these Terms of Use, you must agree to the revised Terms of Use. We urge you to periodically review the Terms of Use to ensure that you are aware of the applicable terms and conditions when you access or use the Website.

2. Your unique digital account

You must create a MITO account to avail of the Services. When you create an account, you will be asked to provide certain personal data. We may ask you, at our sole discretion, to provide additional information and/or documentation. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide the Services to you.

Your MITO account is subject to the following conditions:

• Access: you hereby understand and agree that access to your MITO account is limited solely to you. You hereby agree that you will not sell, rent, lease or grant access to your MITO account to anyone else without having received prior written permission.
• Security: you hereby understand and agree that you are solely responsible for safeguarding the security of your account and control of the usernames, passwords or any other codes you use to access the Services. Any unauthorised access to your account by third parties could result in the loss or theft of NFTs and/or funds held in your account and any associated accounts, including your linked bank accounts and credit cards. You are responsible for monitoring your account. If you notice any unauthorised or suspicious activity on your account, notify us immediately.
• Negotiation rates: by buying or selling an NFT on MITO, you thereby agree to pay all applicable fees and authorise MITO to automatically deduct the fees directly from your payment.
• Communication: you hereby agree and understand that we shall communicate with you by electronic means. To ensure that you receive all of our communications, you agree to keep your e-mail address up to date and to notify us if there are any changes. You agree that any notice, agreement, disclosure or other communication sent to your registered e-mail address is considered valid.

3. Suspension of account

You hereby agree that MITO has the right to immediately suspend your account, pause or terminate your access to the Services, or terminate your account if we suspect, at our sole discretion, that:

• Your account is being used for any illegal activity;
• You have concealed or provided false identifying information or other details;
• You have engaged in fraudulent activity;
• You have entered into transactions that violate these Terms of Use.

4. Communication

You hereby agree that we may send you e-mail or text message communications that relate to the status of an NFT purchase or sale on MITO, and other communications that relate to your interaction with the website, including, without limitation, notifications regarding the status of an NFT you are interested in purchasing.

You may opt out of receiving promotional communications at any time by following the instructions provided therein.

5. User content

The website permits:

• Users to create a profile in which they can post certain information about themselves, link to other websites, and display NFTs they own (collectively, "Profile Information");
• Artists or creators of NFTs ("NFT Creators") to publish their NFTs ("NFT Creations") and biographies (collectively, with Profile Information, "User Content").

All User Content must comply with these Terms of Use.

Any profile information posted on the Website shall be deemed to be non-confidential and non-proprietary. By providing any User Content on the Website, you thereby grant us and our affiliates and our respective licensors, successors and assignees the right to use, reproduce, modify, perform, display, distribute, broadcast, publish, transmit and otherwise disclose to any third party any such material for any purpose whatsoever.

You hereby state and guarantee that:

• You own and control all rights to your user content and have the right to grant such licenses to us and our affiliates as well as our respective licensees, successors and assignees;
• All of your User Content does and will comply with these Terms of Use.

You understand and agree that you are responsible for any User Content you submit or contribute, and you, not MITO, shall be held fully responsible for such User Content, including the legality, reliability, accuracy and appropriateness thereof. We are not responsible before any third-party for the content, accuracy or appropriateness of any User Content posted by you or any other user on the Website.

If you are an NFT Creator, you hereby grant MITO the right to use your name and likeness for promotional or marketing purposes. If you are an NFT Creator, you agree that we may use or modify images of the NFTs you create for promotional or marketing purposes. You also agree that we may use your biography and other public information about you to promote the NFTs you create.

As the creator of an NFT, you understand and agree that:

• You are responsible for the accuracy and content of your NFT creations;
• Any NFT Creation that violates any of MITO's policies may be obfuscated or removed by MITO, at its sole discretion;
• Respect the intellectual property of others;
• Shall not coordinate pricing with other NFT developers.

We reserve the right, at our sole discretion, to prohibit you from uploading your NFT creations. Although we are not obliged to monitor any User Content, we may, at our sole discretion, remove User Content at any time and for any reason without prior notice. MITO may monitor User Content to detect and prevent fraudulent activity or violations of these Terms of Use.

6. Ownership

Unless we indicate otherwise in writing, the Website, all content and all other materials contained therein, including, but not limited to, the MITO logo and all designs, text, graphics, images, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "MITO Content") are the exclusive property of MITO or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary herein, the Service and Content may include software components provided by MITO or its affiliates or a third-party that are subject to separate license terms, in which case those license terms will govern such software components.

The MITO logo and any MITO products or services, logos or slogans that may appear on the Website or elsewhere are trademarks of MITO or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any MITO Content to link to the Website or the content without our express written permission. You may not use framing techniques to enclose any MITO Content without our express written consent. In addition, the appearance of the Website and the Content, including, but not limited to, all page headers, custom graphics, button icons and scripts constitute MITO's service mark, trademark or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Notwithstanding anything to the contrary herein, you hereby understand and agree that you shall have no ownership or other proprietary interest vis-à-vis your account, and further agree that all rights vis-à-vis your account are and forever shall remain the property of (and inure to the benefit of) MITO.

7. Intellectual Property

Other than MITO Content, all other trademarks, product names and logos on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark owner. Without limiting the foregoing, if you deem that third-party material hosted by MITO infringes your copyright, trademark or other intellectual property rights, please submit a notice of infringement by sending an e-mail to [email protected].

If so, please provide the following information:

• An electronic or physical signature of the person authorised to act on behalf of the copyright owner;
• A description of the copyrighted work that you claim has been infringed;
• A description of the location on the Website of the material that you claim to be infringing;
• Your address, telephone number and e-mail address;
• A written statement stating that you have a good faith belief that the use in question has not been authorised by the copyright owner, its representative or the law;
• A written statement, under penalty of perjury, that the aforementioned information in your notification is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

MITO's policy is to suspend or terminate the accounts of repeat infringers. MITO's response may depend on relevant aggravating or extenuating circumstances, but we will generally terminate an account if it is the subject of three valid violation notifications.

8. Your use of MITO

We hereby grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and the Content. Granting such licence is subject to the following conditions:

• Illegal activity: you hereby agree not to engage in or assist in any activity that violates any law, statute, ordinance, regulation or sanction program, or involves the proceeds of any illegal activity.
• Abusive activity: you agree not to engage in any activity that poses a threat to MITO, for example, by distributing a virus or other harmful code, or by unauthorised access to the Website or the accounts of other users.
• Inappropriate behaviour: you agree not to meddle with other users' access to or use of the Services.
• Communication: agrees not to communicate with other users for the purpose of:
  • Sending unsolicited advertising or promotions, solicitations for donations or spam;
  • Harassing or abusing other users;
  • Interfering with other users' transactions.
  • You hereby agree not to use data collected from the Website to communicate with individuals, companies or other persons or entities outside of the Website for any purpose, including but not limited to marketing activities.
• Fraud: you hereby agree not to engage in any activity that operates to defraud MITO, other users or any other person; or to provide false, inaccurate or misleading information to MITO.
• Play: you hereby agree not to use the Services to participate in lotteries, auctions with bidding fees, contests, sweepstakes, or other games of chance.
• Taxes: you agree that you are solely responsible for ascertaining what taxes, if any, apply to your NFT transactions. Neither MITO nor any related party is responsible for ascertaining the taxes that apply to your NFT transactions.
• Intellectual property infringement: You agree not to:
  • Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law;
  • Make any unlawful use of MITO Content (as set forth in Section 6 above) or any use that infringes MITO's intellectual property without MITO's express written consent. This does not include merely mentioning MITO or its advertising, which is permitted and lawful in any case.
  • Engage in any action that involves false endorsement of or affiliation with MITO.
• Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Website for non-commercial purposes, provided that such link does not portray MITO, our affiliates or the Services in a false, misleading, derogatory or defamatory manner, and provided that the linked website does not contain any adult or illegal material, or other material that is offensive, harassing or otherwise objectionable.
• Additional prohibitions: you hereby accept not to:
  • Distribute, publish, broadcast, reproduce, copy, retransmit or publicly display any MITO Content in a manner that is unlawful or infringes MITO's intellectual property rights; this does not include the mere mention or advertising of MITO, which is permitted and lawful in any case.
  • Modify or create derivative works of the Website or MITO Content, or any part thereof;
  • Use data mining, robots or similar data gathering or extraction methods on the MITO Website or MITO Content;
  • Download any part of the Website or MITO Content, other than for page caching purposes, except as expressly permitted by us.

If you are unsure whether a potential use would violate these Terms of Use, please contact us at [email protected].

9. Privacy

You hereby acknowledge and agree to the collection, use and disclosure of your personal information in accordance with MITO's Privacy Policy, which is incorporated into this User Agreement by reference.

10. Modifications

You hereby agree and understand that we may modify part or all of the MITO website or the Services without prior notice and at our sole discretion.

11. Risks

Be aware of the following risks when accessing or using MITO:

• The price and liquidity of blockchain assets, including NFTs, are extremely volatile and can be subject to significant fluctuations;
• Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility.;
• Legislative and regulatory changes or actions at the national, state, provincial, municipal or international level may adversely affect the use, transfer, exchange and value of NFTs;
• NFTs are not legal tender and are not backed by any government;
• Transactions in NFT may be irreversible and, consequently, losses due to fraudulent or accidental transactions may not be recoverable;
• Some NFT transactions shall be deemed to be completed when they are recorded in a public ledger, which is not necessarily the date or time when the transaction was initiated;
• The value of NFTs may stem from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the possibility of a permanent and total loss of value of a particular NFT if the market for that NFT vanishes;
• The nature of NFTs may lead to an increased risk of fraud or cyber-attack, and may mean that technological difficulties experienced by MITO may prevent access to or use of its Digital Assets;
• Changes to the Third-Party Websites (discussed in Section 12 below) may create a risk that your access to and use of the Website may suffer from.

You hereby agree and understand that you are solely responsible for determining the nature, potential value and likelihood of these risks to you, and that MITO does not provide advice or recommendations regarding NFTs, including the suitability and appropriateness of investment strategies for NFTs. You hereby agree and understand that you access and use MITO at your own risk; however, this brief statement does not disclose all risks associated with NFTs and other digital assets. You agree and understand that MITO shall not be liable for any communication failures, interruptions, errors, distortions or delays you may experience when using NFTs, regardless of the cause.

12. Third parties

MITO may turn to third-party platforms to conduct NFT transactions. Our Website may contain links to third party websites or applications (collectively, "Third-Party Websites"). MITO does not own or control the Third-Party Websites. You understand and agree that your use of any Third-Party Website is subject to the terms of use and/or privacy policy provided by such Third-Party Website. MITO is not a party to any such agreement. You should review the terms of use and/or privacy policy provided by such Third-Party Website and should conduct any investigation you deem necessary or appropriate before entering into any transaction with a third-party.

MITO provides these Third-Party Websites only as a convenience to you and does not review, approve, monitor, endorse, warrant, guarantee or make any representations regarding the Third-Party Websites or their products or services. You use all links on Third-Party Websites at your own risk. When you leave our Site, our Agreement and policies no longer apply. We may, but are not obliged to, warn you that you are leaving our Website.

13. Indemnity

To the fullest extent permitted by applicable law, you hereby agree to compensate, defend and hold harmless  MITO and our respective employees, officers, directors, contractors, consultants, shareholders, suppliers, service providers, past, present and future parents, subsidiaries, affiliates, agents, representatives, predecessors, successors and assignees (individually and collectively, the "MITO Parties"), from and against all claims, damages, awards, judgments, losses, liabilities, obligations, obligations, penalties of third parties, actual or alleged , interest, fees, expenses (including, without limitation, lawyers' fees and expenses) and costs (including, without limitation, court costs, settlement costs and costs of obtaining indemnification and insurance), of every kind and nature, whether known or unknown, foreseen or unforeseen, mature or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, property damage or personal injury, which are caused by, arise out of or relate to:

• Your use or misuse of the Website, the Content or the NFTs,
• Any comments you make,
• Your violation of these Terms of Use,
• Your violation of the rights of a third-party, including another user.

You hereby agree to promptly notify MITO of any Third-Party Claims and to cooperate with the MITO Parties in the defence of such Claims. You further agree that the MITO Parties shall have control over the defence or settlement of any Third-Party Claims. THIS INDEMNITY IS IN ADDITION TO AND NOT IN LIEU OF ANY OTHER INDEMNITY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MITO.

14. Termination

We reserve the right, without prior notice and at our sole discretion, to terminate your license to access or use the Website or the Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such event.

15. Severability

If any term, clause or provision of these Terms of Use shall be held to be invalid or unenforceable, then that term, clause or provision shall be severable from these Terms of Use and shall not affect the validity or enforceability of any remaining part of that term, cause or provision, or any other term, clause or provision of these Terms of Use.

16. Survival