Services this ToU Covers
Fifthpint is a software development company that owns the NFT photo and electronic autographing app, Graflr (the "App"). This ToU applies to all online services operated by Fifthpint, including this website, our social media accounts, our App, and any future online services that we develop (the "Services").
Services this ToU Doesn't Cover
When you click on links to our partners' websites and services, you are leaving Fifthpint and this ToU no longer applies. We assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to.
Additionally, all transactions involving NFT minting, delivery, trading, and selling are facilitated and run by third-parties, and by using our site, you agree that you are governed by the policies implemented by such third parties.
Acceptance of ToU
By accessing our Services, it is assumed that you have read this ToU and that you agree to comply and be legally bound by these terms and conditions. There are very important terms in this agreement that affect your rights; the most important ones are capitalized for legal compliance and so you can easily find them.
Please also check out our Privacy Policy.
Changes to Terms
We may need to make changes to this ToU at any time. The date at the top of this ToU represents when it was last revised. If we make a change we believe materially affects how our Services apply to you, we will notify you in advance. By continuing to access or use our Services after a change, you agree to be bound by the updated ToU.
Conditions Before You Access Our Services
Our Services are not targeted at or intended to be used by people under the age of 16, and those between 16 and 18 must have permission from a parent or guardian. To purchase content or make a donation, you must be over 18. If you are accessing our Services on behalf of a company, you must be authorized by the company to do so.
Description of Our App
Our App allows for personalized photos to be taken and digitally signed by public figures we call "VIP Users." After the photograph is taken and signed, it will be displayed in the form of a collector's card. The capturer can choose (but is not obligated) to mint it into an NFT (the "NFT Collector's Card") where it can then be collected, sold, transferred, and shared via third-party platforms.
What are NFTs?
NFT stands for "Non-Fungible Token" — a unique digital asset stored on the blockchain. Unlike fungible tokens, NFTs cannot be replaced or replicated, making them useful for verifying ownership of unique digital content such as artwork, music, animations, videos, VIP tickets, and signed photographs.
Fifthpint's Role in the NFT Process
Fifthpint provides the technology for autographed photographs. If the capturer chooses to mint an NFT Collector's Card, Fifthpint acts as an administrative platform to allow the minting process to take place; however, the actual minting, delivery, and payment occur via third-parties. Fifthpint is not a broker, financial institution, or creditor and has no control over the NFT minting process. Fifthpint does not support NFTs backed by any coin.
What Do Scarcity Levels Mean?
The NFT Collector's Card displays levels of scarcity ranging from highly common to rare, indicating how many similar cards of that type exist based on the VIP User's signing activity. These levels are not indicative of monetary value and should not be relied on for this purpose.
Types of Users
Fans
No account is needed to simply browse. To take photos, have them autographed, or mint an NFT Collector's Card, you will need to create an account by logging in via a compatible third-party social media platform (Twitter, Facebook, or Instagram). Once accepted, you can take photographs and request VIP User signatures. After a photograph has been signed for 24 hours, you can preview what it would look like as an NFT Collector's Card. Minting requires in-app purchase credit and a connected cryptocurrency wallet via the third-party extension.
VIP Users
To sign electronic autographs for Fans, you must set up an account. Verification is instantaneous and based on factors including verified account status, follower count, and interaction history on the third-party social media platform. Once verified, you can choose when to make yourself available to autograph photographs — either automatically or manually.
App Purchases
Currently, our Services (except for NFT purchases) are available for free. We may offer some paid features within our App and will always notify you if a feature is paid. Prices are not guaranteed, as we may need to make pricing changes. Payment for in-app features is due upon confirmation of a purchase, processed through your native app store. Once paid, purchases cannot be cancelled and Fifthpint is not obligated to issue refunds. You are responsible for ensuring your operating system is compatible with the App or paid feature before purchasing.
NFT Purchases
For 24 hours after a signed photograph is created, you can preview and purchase the NFT Collector's Card for a fixed amount of cryptocurrency using in-app purchase credits. All NFTs carry a resale royalty: 25% of the resale price goes to the VIP User and 5% goes to Fifthpint. All NFT Collector's Card purchases are completed by independent third-parties; Fifthpint is not responsible for these transactions. Sales are final and non-refundable.
Once minted, the NFT Collector's Card will be delivered to your wallet within 24 hours and can then be collected, sold, or transferred via third-party platforms such as OpenSea. You are solely responsible for any and all transaction or commission fees associated with selling, listing on third-party platforms, and transferring your NFT Collector's Card, as well as any conversion fees when cryptocurrency is converted to USD.
Access to Content
Autographed photos are stored directly on your device's filesystem. VIP Users and other Fans cannot see or save your photo. The Fan who took the photo can share it with other apps and social media platforms. We recommend regularly backing up your device, as we do not store autographed photos and cannot provide backups. If an NFT Collector's Card has been minted, it will be stored in the digital wallet connected via the third-party extension.
Assumption of Risk Associated with Cryptocurrency and NFTs
Fifthpint is not liable for any losses, damages, or claims arising out of your use of cryptocurrency or purchase of NFTs. By using our Services, you assume all risks associated with cryptocurrency and NFTs and warrant that you understand the risk of loss and price volatility.
You are solely responsible for:
- Determining and complying with all laws and regulations related to cryptocurrency in your jurisdiction, including securities and tax laws
- Ensuring your chosen third-party cryptocurrency wallet is reliable, secure, and resistant to cyber-attacks
- Ensuring your cryptocurrency credentials (private key, passphrase, recovery seed), third-party extension, and platform passwords are held securely
App User Guidelines
Fifthpint may remove users that, at our discretion, we find inappropriate. We will not be liable for any photos taken by Fans or signed by VIP Users.
Please don't:
- Use our Services to send spam or unsolicited commercial email
- Circumvent or hack any security technology used by Fifthpint
- Transmit worms, viruses, or any destructive code
- Use any other person's login information, or impersonate a VIP User
- Copy or fraudulently reproduce a VIP User's autograph
- Continue to request autographs once a VIP User has turned off their visibility
- Remove or alter any intellectual property notices or branding on an autographed photo
- Sell, lease, rent, or commercially use any photo taken using our Services
- Access our private API by any means other than our App
- Take any photo that infringes on third-party rights, including intellectual property, privacy, publicity, or contractual rights
- Take any photo that is unlawful, abusive, defamatory, pornographic, or obscene
- Take any photo that promotes or incites violence, terrorism, illegal acts, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation
Please do:
- Share autographed photos with other people and on your social media platforms
- Tell your family and friends about our Services
- Take responsibility for any activity or conduct you engage in
- Interact with VIP Users in a friendly and appropriate way
- Be a nice human!
Suspension and Termination of Users
Involuntary Suspension or Termination
Fifthpint will make best efforts to notify you if we believe you have violated this ToU and may issue a written warning. However, we reserve the right to suspend or terminate your access without warning at any time.
Voluntary Termination
You are free to voluntarily delete your account or our App. While we have systems in place to automatically delete personal information when you do so, we cannot guarantee that all information previously provided to Fifthpint will be deleted, and we reserve the right to keep some information. See our Privacy Policy for more details.
Fifthpint's Intellectual Property
Our Services contain content protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. Granting you access to our Services does not grant you any other rights, title, or interest beyond the limited license defined below. You do not have permission to remove or alter any intellectual property notices or branding contained in our content.
Fifthpint Grant of License
Fifthpint grants you a limited, non-exclusive, non-transferable, revocable license to access, share, and use Fifthpint's Services for personal non-commercial purposes only. This license does not permit you to sell autographed photos or use them for any commercial purpose, nor to make unauthorized reproductions of any autographed photos. Fifthpint reserves the right to terminate this license at any time if your use is not in strict compliance with this ToU.
User's Ownership in Content and Grant of License
Fifthpint does not have any ownership rights in the text, files, images, autographs, photos, or other materials you create using our Services. By using our Services to create such content, you grant to Fifthpint a non-exclusive, fully paid and royalty-free, worldwide, perpetual, irrevocable license to use, modify, delete from, add to, publicly display, and reproduce such content in any media format through any media channel, except that Fifthpint shall not publicly share any content that has not already been publicly shared by a user.
Autograph Disclaimer
A VIP User's autograph is not a legally binding signature and must not be reproduced, imitated, or used by a Fan for any fraudulent or commercial purpose. VIP Users agree not to use an autograph that is the same or substantially similar to the signature they use to bind themselves into legal agreements.
Licensed Third-Party Content
We use some open source and licensed third-party content in our Services, such as fonts and graphics. We do not claim ownership of this content, and no user shall be permitted to use third-party content in a way that violates third-party licensing agreements.
Copyright Policy
Fifthpint respects the intellectual property rights of others. If you are a copyright owner or authorized agent and believe content on our Services infringes on a copyrighted work, please submit your claim via email to legal@fifthpint.com with the subject line "Copyright Infringement."
In accordance with 17 U.S.C. 512(c)(3) of the DMCA, your claim must include:
- An electronic or physical signature of the copyright owner or authorized agent
- A description of the copyrighted work claimed to be infringed, including the URL or a copy of the work
- Identification of the URL or specific location on our Services where the allegedly infringing material is located
- Your address, telephone number, and email address
- A statement that you have a good faith belief the disputed use is not authorized
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized agent
Please be aware that you may be held accountable for damages for misrepresentation or bad-faith claims.
Representations and Warranties
Fifthpint's Representations and Warranties
User Representations and Warranties
By using Fifthpint's Services, you represent and warrant that:
- You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition that prevents you from doing so
- You have read and agree to this ToU and our Privacy Policy and will not use our Services for any fraudulent or inappropriate purpose
- You will not try to reverse engineer our site or software to circumvent access to our content
- You assume all risks associated with cryptocurrency use and investment
- You will not violate our intellectual property rights in the content licensed to you
Limitation of Liability
Indemnification
You agree to indemnify and hold Fifthpint harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from:
- Any breach by you of this ToU
- Any third-party claim arising from content you created using our Services, including claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, discrimination, abuse, or obscenity
- Any activity related to your account, unless caused by Fifthpint's act or default
- Any investigation or claims brought as a result of your breach of laws and regulations, including tax and securities laws
Release
User hereby releases and forever discharges Fifthpint (and our officers, employees, agents, successors, and assigns) from, and hereby waives and relinquishes, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, Fifthpint's Services.
Privacy, Cookies and Data Protection
We care about your personal information. All personal information you provide to us is collected and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in the Privacy Policy.
International Users
Fifthpint's Services are controlled, operated, and administered from our offices in the United States. We do not represent or warrant that our Services are appropriate, legal, or available for use in any jurisdiction outside the United States. Those who choose to access Fifthpint outside the United States do so on their own initiative and assume all associated risks.
Dispute Resolution
Letting Us Know About Complaints
We hope to work out any complaints or differences respectfully. If you have concerns, please reach out to Fifthpint first. If we cannot resolve our differences, the following mandatory binding arbitration will apply.
Mandatory Binding Arbitration
Any controversy or claim arising out of or relating to this ToU, our Services, our Privacy Policy, or any other legal agreement relating to Fifthpint that cannot be amicably resolved will be determined by binding arbitration rather than in a court of law. This does not apply to claims relating to infringement or misuse of intellectual property.
The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (AAA). Arbitration must be commenced within one (1) year after the claim occurs. Arbitration costs will be shared equally between the parties, except where AAA Rules provide otherwise.
Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding. Any claims against Fifthpint must be initiated only in your individual capacity.
Assignment
You are not entitled to assign this ToU to another person without Fifthpint's prior written consent. Fifthpint reserves the right to assign this ToU to any third party at any time without notice, including any entity acquiring all or substantially all of the Fifthpint business or assets. We will do our best to notify you of any substantial change in ownership.
Survival of Terms Beyond Termination
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user's account, will survive such termination.
Waiver and Severability
No waiver by Fifthpint of any term or condition will be deemed a waiver of such term or condition in the future, or of any preceding or subsequent breach. If any term or condition is declared invalid, illegal, or unenforceable, the remainder of the provisions will remain in effect and be enforceable to the fullest extent possible.
Applicable Law and Jurisdiction
Except where otherwise required by mandatory law, this ToU and our Privacy Policy are to be governed by and interpreted, constructed, and enforced in accordance with the laws of Texas and in the exclusive jurisdiction of Travis County.
Entire Agreement
This ToU represents the entire and exclusive agreement between Fifthpint and our users. All previous written and oral agreements and communications related to the subject matter of this ToU are superseded.
Contact Us
Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible. If you have any questions about this ToU, our Privacy Policy, or Fifthpint's Services in general, just reach out — we would be more than happy to explain.