PETIO ANIMATION - COLLECTION POLLEN

General Conditions of Sale

Last updated: Feb – 2023

1. DEFINITIONS

In addition to the terms defined elsewhere in this policy, the following terms, the first letter of which is capitalized, whether used in the singular or plural form in this policy, will have the following definition:

1.1 “Company”, “Us”, “PETIO ANIMATION” or “Seller” means the legal entity making the NFT collection available.

1.2 “Site”, “Website” or “Platform” means the third party platform that is used by the Company to technically develop the launch of the Collection and enable the User to acquire an NFT, namely Niftykit. It is specified that this platform is an independent third party of PETIO ANIMATION.

1.3 “General Terms of Sale”, “GTC” or “Terms”: means the document constituted by PETIO ANIMATION whose purpose is to inform the User of the legal and mandatory information relating to the Products provided by the Company.

1.4 “User”, “Customer” or “You” means any person who has used the Site and/or placed an Order. This name includes both professional and special clients. Since there is no need to distinguish between these two types of clientele, the above designations shall apply.

1.5 "Parties" means the collective name which includes the Company and the User respectively

1.6 “NFT” or “Product” means the Product offered for sale by the Company through the Website.

1.7 “Pollen” means the name of the collection which includes the 3333 NFTs put up for sale by PETIO ANIMATION.

1.8 “Price” means the value of the Order as accepted by the Parties.

1.9 “Order” means any transaction relating to the NFT for a Price that takes place between the transferring Company and the acquiring User.

2. DESIGNATION OF THE COMPANY

PETIO ANIMATION, a simplified joint-stock company, whose registered office is located at 3 Rue Laffite – 34000 – MONTPELLIER and registered in the Trade and Companies Register of MONTPELLIER under number 910 701 879 RCS MONTPELLIER whose intra-Community VAT number is FR60910701879 and

the SIRET number is 91070187900017.

As part of these Terms, the contact email address: hello@pollennfts.art

The Corporation operates the publicly available website at the following URL: pollennfts.art

The Collection is available for sale exclusively on the following website: coming soon

All the technical modalities of the drop are provided by an independent third party whose operation is developed at the following URL: https://niftykit.com.

3. GENERAL PROVISIONS

3.1 General provisions relating to general terms and conditions

These Terms and Conditions of Sale apply to all the functionalities offered by the Company. They are intended to govern the contractual relations between PETIO ANIMATION and the Users, including when you wish to acquire an NFT. To this end, the Terms and Conditions include:

- The conditions of accessibility and eligibility

- Delineation of Parties' rights and obligations

- Responsibility of the Parties

These General Conditions of Sale constitute a legal agreement enforceable by the Parties. Your consent to the GTC is required to the extent that you wish to acquire a Product.

IF YOU DO NOT CONSENT TO ALL OF THE PROVISIONS OF THIS LEGAL AGREEMENT, YOU MAY NOT ACQUIRE THE PRODUCTS OFFERE BY PETIO ANIMATION. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM. YOU ACKNOWLEDGE THAT YOU ARE ACTING IN ACCORDANCE WITH THESE PROVISIONS. IF APPLICABLE, YOU ARE EXPRESSLY PROHIBITED FROM ATTEMPTING AND/OR ACQUIRING A POLLEN COLLECTION NFT OFFERED BY THE COMPANY. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM.

Moreover, the failure of one of the Parties to comply with one of the provisions of these General Terms and Conditions entails a set of legal consequences (infra). Failure to do so is understood as the nonperformance or failure to perform the provisions that the Parties have undertaken to perform in good faith.

3.2 Product provisions applicable to any Order

The Company provides a fee-for-service, PETIO ANIMATION creates and sells non-fongible tokens through the Website and using blockchain technology. This Product is an NFT to which a Moving Picture Experts Group 4 (“MP4”) video is attached. It meets the standard of the collectible NFT type which has for sole purpose the collection of an artistic product.

In accordance with the use of the Third Party Site, the Product is deployed on the Ethereum blockchain. Initially the Pollen collection includes 3333 units of NFT. However, this quantity remains variable and scalable according to the decisions taken at the discretion of PETIO ANIMATION. Thus, in the event that the collection does not reach the sale of the maximum quantity that remains initially proposed, the Company reserves the right to stop the NFT mint at the total quantity that is equal to the number of copies that will be sold. So by accepting these provisions, you are admitting that you understand and accept this hazard.

4. CONDITIONS OF ACCESS AND ELIGIBILITY

4.1 Legal capacity

The acquisition of an NFT is subject to an age restriction. As such, the Product is intended for the User at least eighteen (18) years of age, namely the French legal majority. Our Products are offered exclusively to adults who have legal capacity in accordance with the application of articles 425 and 1146 of the French Civil Code. Thus, any product that is acquired in violation of this stipulation is strictly prohibited and constitutes a violation within the meaning of these Terms.

4.2 Minimum IT Requirements

The User must meet the minimum requirements of PETIO ANIMATION or any site operated for the purpose of launching the Collection for both the operating system and the browsers that remain compatible.

IN ADDITION, YOU AGREE TO BE IN GOOD FAITH AS TO THE EFFECTIVENESS OF YOUR COMPUTER EQUIPMENT AND CONFIGURATION. PETIO ANIMATION DECLINES ANY RESPONSIBILITY FOR ANY MALFUNCTION IN THE EVENT THAT THE MINIMUM REQUIRED CONFIGURATION IS NOT MET (I), ALSO, YOU UNDERSTAND THAT THE FUNCTIONING OF THE NIFTYKIT SITE IS INDEPENDENT OF THE WILL OF PETIO ANIMATION AND THEREFORE THE COMPANY DISCLAIMS ANY LIABILITY IN THE EVENT THAT THE MALFUNCTION ARISES FROM THE THIRD PARTY SITE (II).

4.3 Accessibility of the Site

Access to the NFT collection is conditional on compliance with the conditions related to the website maintained by PETIO ANIMATION or any third party and in particular:

• Mint registration via a completed form;

• The connection of a wallet.

4.3.1 Registration form

In order to validly register for the mint, you must complete the registration form as a prerequisite for the execution of the Order. The User using the registration form must fill in the following information:

• Name ;

• First name ;

• Address ;

• Email ;

• Country.

This information can be simply collected via the connection of the User’s wallet.

In addition, the User will be required to check a box that has “I have read and agree to the conditions”

In accordance with Niftykit policy, the User must provide a set of elements, including choosing a pseudonym. The Site is a third party to the Company accordingly, PETIO ANIMATION disclaims all responsibility for the processing of the data performed by Niftykit. For more information, we invite you to consult the policy drafted by Niftikyt and present on the Website, in particular regarding the creation of a user account.

Furthermore, PETION ANIMATION accepts no responsibility for the use of false information by the User in connection with the creation of his customer account and all the consequences that this transmission could have.

4.3.2 Connecting a wallet

The Order is made through the site. The transaction is conditional on the connection of a wallet. The wallet meets the compatibility requirements of the Third Party Site. In addition, the User must make the purchase via the connection of a compatible wallet which is included in the following exhaustive list:

• Metamask ;

• Coinbase wallet ;

• Walletconnect.

5. SITE MANAGEMENT

PETIO ANIMATION sells the NFTs of the Pollen NFTs collection through its website, which is technically supported by Niftykit. You understand that the functioning of the Site and more generally the information relating to the Site are beyond the control of PETIO ANIMATION. Indeed, the management and operation of the Site is at the discretion of Niftykit, including the information necessary for the use of the Site found in section 4.3 Accessibility of the Site.

YOU THEREFORE AGREE THAT ALL CLAIMS AND/OR DISPUTES RELATING TO THE THIRD PARTY SITE ARE INDEPENDENT OF OUR WILL SO THAT PETIO ANIMATION IS NOT LIABLE FOR ANY DIFFICULTIES ARISING FROM THE USE OF THE SITE. THE THIRD PARTY SITE IS RESPONSIBLE. IN ADDITION, THE OPERATION OF THE SITE (MANAGEMENT, INFORMATION, HYPERLINK ETC.) INCLUDES ALL ACTIONS FOR WHICH NIFTIKYT IS SOLELY RESPONSIBLE.

6. ORDER, PAYMENT AND DELIVERY CONDITIONS

6.1 User journey

The smart contract of the Pollen collection will be deployed via Niftykit, their smart contracts are audited by Chainsafe and integrate the Chainalysis on-chain fraud detection tools. Thus, in order to acquire an NFT from the Pollen collection, the User must go to the Site available at the following address: (coming soon) and proceed to the Order of an NFT from the Pollen collection.

To do this, the User is obliged to meet the eligibility conditions as well as the access conditions presented in section 4. Access conditions and eligibility. The methods of allocation of each work will respect a random assignment to each of the Users. No complaint regarding the visual of the work received may be made against PETIO ANIMATION.

THUS THE USER EXPRESSLY ACCEPTS THE HAZARD PRESENT IN THE ASSIGNMENT OF THE NFT OF THIS

POLLEN COLLECTION. ANY COMPLAINT WHICH HAS AS ITS SOLE REASON DISSATISFACTION WITH THE

ALLOCATED NFT SHALL NOT GIVE RISE TO ANY ACTION IN RESPECT OF PETIO ANIMATION.

6.2 Product price and payment method

All Prices displayed on the site relating to all our Products are expressed by default in Ethereum (ETH). If the price is expressed in a currency having legal tender, the exchange rate expressed will be that effective on the day of the transaction.

In order to pay the agreed Price, the User makes the payment according to the payment methods imposed by the third party Site. The Price includes all taxes and in particular the inclusion of shipping costs. On the other hand, gas fees, to be understood as the transaction costs of a transaction occurring on the blockchain, remain at your expense. It is recalled that these will be the subject of a clear and distinct mention of the Purchase Price of the Product.

In addition, you understand and accept the presence of gas fees inherent in the transaction which remains independent of the will of PETIO ANIMATION and which is also established at the free discretion of the Site in accordance with the provisions of section 5 management of the Site.

6.3 Effectiveness of payment

The User has the possibility to verify the Order and in particular the NFT Price as well as the Total Price which includes the gas fees applicable to the Order.

The payment takes place at a precise time, the latter is effective from the conclusion of the smart contract on the blockchain. Payment is made in full on the date and time of the Order. You must make the payment in full under the payment methods imposed by the Site. In addition, deferred payments and advance payments are excluded from the actual payment methods. The absence of actual payment of the price, even partial, may not give rise to the transfer of ownership of the Product.

In the event that the payment is cancelled or denounced as invalid, even though the transfer of the Product would have taken place, the User agrees to instantaneously return the NFT that was the subject of a sale for which the entire Price could not be effectively paid.

6.4 Delivery of the Order

The effectiveness of the Order, and therefore the full payment of the price, results in the transfer of ownership of the NFT between the Company and the User. It results from this transfer of ownership the instant delivery of the NFT on the wallet that was previously connected by the User. The transfer of ownership also results in the granting of a non-exclusive commercial licence, which remains detailed in Section 12. Issuance of a non-exclusive commercial licence.

6.5 Invoicing

Blockchain and in particular the conclusion of smart contracts make it possible to trace the transaction that gives rise to the approval of the Order. Thus, given this specificity, no invoice will be published and sent on the initiative of the Company. However, the User has the possibility to request it from the Company and in particular via the following contact address: hello@pollennfts.art , which will be communicated to you within a short time.

IN ADDITION, IN ACCORDANCE WITH SECTION 15.2.2 USER OBLIGATIONS, THE COMPANY DECLINES ALL RESPONSIBILITY FOR SENDING AN INVOICE TO A DESTINATION OR TO A PERSON OTHER THAN THE USER IN THE EVENT THAT THE ERROR RESULTS SOLELY FROM THE USER PROVIDING INCORRECT INFORMATION.

7. RETRACTION

As a matter of principle, Article L221-18 of the French Consumer Code provides:

The consumer has fourteen days to exercise his right to withdraw from a contract concluded remotely, following a telephone canvass or outside the establishment, without having to give reasons or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.

The period referred to in the first subparagraph shall run from the day:

1) From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;

2) The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts of sale of goods. For contracts concluded outside the establishment, the consumer may exercise his right of withdrawal from the conclusion of the contract.

In the case of an Order for several goods delivered separately or in the case of an Order for a good composed of lots or multiple parts whose delivery is spread over a defined period, the period shall run from the receipt of the last good or lot or of the last part. For contracts that provide for the regular delivery of goods for a defined period of time, the time is from receipt of the first good.”

However, the Products possess a digital nature in addition to which, they are intended to be customized and sold on an open market, which market could directly impact the market value of the Product. Thus, the conclusion of the contract will immediately mark the beginning of its execution.

Furthermore, with regard to the period of commencement of the performance of the contract, namely instantaneously upon conclusion of the purchase and in accordance with exceptions 2°/13° of article L221-28 of the French Consumer Code, the withdrawal period is excluded.

IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 16 OF DIRECTIVE 2011/83/EU, THE COMMENCEMENT OF THE PERFORMANCE OF THE CONTRACT EXCLUDES THE PERIOD FOR WITHDRAWAL. SO THAT BY PURCHASING A DIGITAL PRODUCT ON THE SITE YOU EXPRESSLY CONSENT TO THE COMMENCEMENT OF THE PERFORMANCE OF THE CONTRACT TAKES PLACE, THEREFORE YOU AGREE TO FORFEIT YOUR DULY ACQUIRED RIGHT OF WITHDRAWAL.

8. MODIFICATION AND CANCELLATION OF THE ORDER

The sale of NFT is subject to the exclusion of the right to modify and/or cancel the Order relating to the Product. Indeed, the smart contract works through a blockchain which marks the impossibility of performing a reversible action and especially that which consists in a modification or cancellation. Consequently, the presence of an immutability of the action causes the Customer to be unable, once the Order has been carried out, to modify and/or cancel it.

However, the User has a reasonable period of 48 hours to check the compliance of the Order and, if necessary, to address reservations/complaints to us. In addition, this period is not meant as a period of withdrawal, but as a period of time running from the date of the Order and allowing to make known the existence of a defect in the solution offered to the seller.

9. CONSISTENT USES

In order to enjoy the Product offered by PETIO ANIMATION legally and in accordance with its purpose, you guarantee that: (1) you have legal capacity under French law; (2) you are at least 18 years old; (3) you are not a minor within the meaning of the law of the country in which you reside; (4) you do not use the Product for purposes foreign to its destination and in particular unauthorized; (5) your use does not violate any applicable law or regulation.

10. PROHIBITED USES

In order to clarify the provisions of Section 9. Consistent Uses, you are obliged to use the Product only for the purposes provided for in these provisions. Otherwise, the characterization of a violation of these provisions is likely to incur your liability.

As the purchaser, you agree not to:

- Deceive, defraud or mislead PETIO ANIMATION.

- Interfere in any way with the operation of the Pollen collection and the procedures for acquiring an NFT of the Pollen collection;

- Denigrate, tarnish or otherwise damage our reputation, ourselves and our leaders;

- Acquire a Product in a manner that characterizes an inconsistency with any applicable law or regulation;

- Impersonate the Company, an employee of the Company or another User of the Site;

- Use the Product and its content for prohibited purposes, subject to those specifically and expressly approved by PETIO ANIMATION (Section 12 Non-Exclusive Non-Commercial Licensing);

- Harass, intimidate or threaten one of our employees;

- Use a robot or process automatically to access the service for any purpose.

It should be noted that, in addition to characterizing a prohibited action as defined above, the attempt, even if it does not succeed, is subject to the same restriction regime and therefore incurs the same sanctions as the act of committing it. FURTHER YOU AGREE NOT TO ACT IN SUCH A MANNER.

11. INTELLECTUAL PROPERTY RIGHTS

Subject to a provision to the contrary and in consideration of the non-exclusive commercial license granted to the User (article 12), all the elements that are presented by PETIO ANIMATION are our exclusive property and are protected by the copyright held by the Company. For this purpose, the characteristics, database, images, graphics, illustrations, logos, trademarks, patents, copyrights and all intellectual property rights are held by PETIO ANIMATION. We reserve the rights not expressly granted to you by these Terms. Thus, non-conforming use without express prior authorization by a person other than PETIO ANIMATION is strictly prohibited.

In accordance with Articles L.131-3 et seq. of the French Intellectual Property Code and subject to compliance with these conditions, you are granted a non exclusive commercial license associated with the NFT of which you are legitimately the owner. You are only entitled to this license for the period you are the owner of the NFT. See section 12 for a non-exclusive commercial licence for detailed content.

12. ISSUANCE OF A NON-EXCLUSIVE COMMERCIAL LICENCE

By acquiring lawful ownership to non-fungible tokens (“Pollen NFT”) and Underlying NFT (as defined below) associated with the NFT Project (“PollenNFTs”) made available under this NFT License (“Pollen”) created by the owner or entity that has created this Project NFT (“PETIO ANIMATION” or “we” or “our”), you agree to these NFT License Terms and Conditions (the “Terms”). When you lawfully own a Pollen NFT, you own all personal property rights to the Pollen NFT (e.g., the right to freely, sell, transfer, or otherwise dispose of that Pollen NFT). However, your rights to the associated artwork, story, design, images, video, content or other works of authorship linked to your specific Pollen NFT which was developed by PETIO ANIMATION are only as outlined below.

12.1 GENERAL LICENSING INFORMATION

12.1.1 Definition of the Pollen NFT Media

FOR A COMPLETE UNDERSTANDING OF THE PRESENTS, THE TERMS “ART” AND “NFT MEDIA” REFER

BOTH TO THE GRAPHIC MEDIA OF A “POLLEN NFT” LEGALLY ACQUIRED. The PollenNFTs Project is aimed at artistic, and the files attached to the PollenNFTs are videos in MP4 format.

The presents License Terms and Conditions have for object the regulation of authors rights (defined under French Law as rights that creators enjoy over their literary and artistic works) linked to the acquisition of a Pollen NFT and subsequently for the exploitation of the Art linked to it.

12.1.2 NFT License grant

12.1.3 NFT Media License

For as long as you lawfully own a Pollen NFT, Creator grants you a non-exclusive, perpetual, irrevocable (except as set forth in Section 2.2. below) worldwide license under our copyrights to use, distribute, reproduce, display, perform, modify and create derivative works of the Pollen NFT acquired for personal and commercial uses, with right to sublicense such rights through multiple tiers of sublicenses subject to the limitations in Sections 2 and 3 of these Terms with PETIO ANIMATION (“PETIO ANIMATION” or “PETIO ANIMATION Company”) being a third party beneficiary to all such sublicenses with the ability to enforce such agreements. This license includes the right to display as a profile picture, display on products or services using the Pollen NFT (as defined below), display on sold merchandise, use in your original content, or display in a physical or digital museum. All intellectual property rights in and to the Pollen NFT and any other intellectual property rights of PETIO ANIMATION not expressly licensed herein are reserved by PETIO ANIMATION.

12.1.4 Modification and Derivative Works

We understand that you might want to create derivative works of the Pollen NFT (“Your Pollen NFT Derivatives”) and we allow you to do so under the scope of the license granted above. However, you acknowledge and agree that (i) we may also create our own future derivatives of the NFT Media, (ii) the subsequent lawful owner of the Pollen NFT may create its own derivatives of the Pollen NFT and (iii) other owners, of they own Pollen NFT (“Other Pollen NFT”) may also create their own derivatives of the Other Pollen NFT (each of them “Other Pollen NFT Derivatives”).

These Other Pollen NFT Derivatives may be similar or identical to Your Pollen NFT Derivatives. Accordingly, on behalf of yourself and your heirs, successors, and assigns, you irrevocably covenant and agree not to assert or bring any suit, claim, demand or challenge against (i) Creator or its past, present and future parents, affiliates or licensees (or any of their partners, members, employees, officers, directors, contractors, agent and equity holders) in connection with their use distribution, reproduction, display, perform, modification and creation of derivatives works of any Pollen NFT or any of their own Other Pollen NFT Derivatives or (ii) any other Pollen NFT owner or its past, present and future parents, affiliates or licensee (or any of their partners, members, employees, officers, directors, contractors, agents and equity holders) in connection with the use distribution, reproduction, display, perform, modification, and creation of derivative works of the Other Pollen NFT or any of their Other Pollen NFT Derivatives. The foregoing is the case even if such Other Pollen NFT or Other Pollen NFT Derivatives is similar or the same as any of Your Pollen NFT Derivatives that have been created by you.

12.2 Owner of the assigned rights

The Owner of the assigned rights detailed under the present license terms and conditions is the PETIO ANIMATION Company which is a properly so called French société par action simplifiée established under French law, with a share capital of €2.000, having its head quarter in 3 rue Laffite, MONTPELLIER (34000), France and which is identified at the Commercial and Companies Registry under the number 910 701 879 MONTPELLIER represented by Mr Joris CHAPELIN.

The Pollen NFT are made available under the PollenNFTs Project established by PETIO ANIMATION Company.

12.3 SCOPE OF APPLICATION

12.3.1 Duration

The present License Terms and Conditions are strictly applicable as long as you have the ownership of the Pollen NFT.

The assigned rights covered by these Terms and Conditions and their use (copyrights to use, distribute, reproduce, display, perform, modify, and create derivative works) are made available at the date of ownership of the Pollen NFT.

By lawfully transfer ownership of your Pollen NFT, the License and assigned rights covered (copyrights to use, distribute, reproduce, display, perform, modify, and create derivative works) to the Pollen NFT shall terminate upon the effective date of such transfer. We strongly inform you that the License in the Pollen NFT is terminated if the Pollen NFT is sold and will be transferred to the new owner of the Pollen NFT.

12.3.2 Termination

If you materially breach any of the provisions of these Terms, PETIO ANIMATION may terminate all the licenses granted to you under these Terms. PETIO ANIMATION will use commercially reasonable efforts to provide you with notice of such termination, though for the avoidance of doubt your licenses shall terminate regardless of whether such notice is received. Upon the termination of your licenses, you shall cease all use of the rights granted under Paragraph 1.2, including without limitation, ceasing all marketing, distribution, or sale of goods, services and media that feature the Pollen NFT and shall cease all further use of the Pollen NFT (including any Pollen NFT Derivatives), and all sublicenses you have granted in the Pollen NFT shall automatically terminate. The following section shall survive the termination of these Terms and shall continue in full force and effect after and notwithstanding any termination of these Terms by PETIO ANIMATION. Termination will not limit any Creator’s other rights or remedies at law or in equity.

12.3.3 Nature of the assigned rights and limitation

12.3.3.1 No Rights to Trademarks

Nothing in these Terms is meant to grant you any rights to any logos, trademarks, service marks, and trade dress associated with PETIO ANIMATION Company and the Project NFTs “Pollen NFTs” and “Pollen”. Unless you have our prior written approval, you may not use any Project Trademarks for any use that would require a license from us, including to register any domain names or social media accounts using any Project Trademarks, in any Pollen NFT Derivatives, or to advertise or promote any other products or services.

In case of violation of the above paragraph, all rights resulting from this will be transferred to PETIO ANIMATION Company at your own expense.

12.3.3.2 No Personal Rights

In any case your Pollen NFT involves an individual representation (such as a celebrity), personal rights might have to be assigned which are not included in the present License Terms and Conditions.

THE INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTS REMAIN THE PROPERTY OF PETIO ANIMATION WHO MAKES THEM AVAILABLE IN THE FORM OF A LICENSE FOR THE DURATION OF OWNERSHIP OF THE POLLEN NFT.

12.3.3.3 No right to royalties received by PETIO ANIMATION

You acknowledge that the PETIO ANIMATION COMPANY receives and earn royalties directly from the Pollen Project and exploitation of Pollen NFT Collection. These royalties include resale Right. By agreeing to these Terms, you strictly confirm and acknowledge that (i) any such royalties received by PETIO ANIMATION Company shall not accrue to you, (ii) these royalties are totally separate to the exploitation of Your Pollen NFT Derivatives and (iii) are strictly linked to the promotion and realization of the PollenNFT Project and PollenNFT Collection by PETIO ANIMATION.

12.4 USE OF THE ASSIGNED RIGHTS

12.4.1 Functioning and Support.

Subject to legal acquisition of the Pollen NFT and for the duration of ownership of the Pollen NFT (license period), you are assigned the intellectual property rights provided. Accordingly, you may reproduce, distribute, create derivative works from, publicly display, and transmit and use the work attached to the Pollen NFT. The use may be commercial or non-commercial and may be in any present or future media.

The rights are entirety attached to the Pollen NFT as defined herein. You may not claim a right in any individual element of the Pollen NFT.

12.4.2 Transfer and Sublicensing.

The licenses granted in these Terms are non-transferrable, except that if you lawfully transfer ownership of your Pollen NFT, the license to the Pollen NFT to you shall terminate upon the effective date of such transfer and such licenses will be assigned to the new owner of the Pollen. As a condition to sales, transfers or similar transactions of the Pollen NFTs, the transferee agrees upon the acquisition of the Pollen NFT that (i) a transferee is not a Restricted Party and (ii) the transferee accepts these Terms. Further, if you choose to sublicense any of your licensed rights set forth above, you are only permitted to do so if any such sublicensee agree (i) that they are not Restricted Parties, (ii) to the same covenant not to assert as set forth in the second to last sentence of Section 1.2.2. and (iii) that if your licensed rights in Section 1.1 are transferred (such as because you sell your Pollen NFT), then any such sublicenses you have granted in such licensed rights will automatically terminate. Because virtually all public blockchains are licensed under open-source licenses, it is possible that the blockchain may fork, merge, or duplicate the original blockchain that initially recorded ownership of your Pollen NFT. In such case, any rights granted under these Terms to owners of any Pollen NFT will only be granted to the lawful owners of such Pollen NFT whose ownership is recorded on the mainnet version of the blockchain that is generally recognized and predominantly supported in the blockchain industry as the legitimate successor of the original blockchain (as determined in our sole discretion)

12.4.3 Third Party Content.

PETIO ANIMATION Company, hereby represents and warrants to you all of the copyrights in the NFT Media are owned by PETIO ANIMATION Company and does not contain (i) any artwork, images, video, content or other works of authorship, (ii) logos, trademarks, service marks, or trade dress or rights of personality in which the relevant intellectual property rights are not owned by PETIO ANIMATION (“Third Party Content”), provided that the foregoing shall not apply if PETIO ANIMATION Company has obtained a license to such Third Party Content consistent with the licenses under these Terms or PETIO ANIMATION Company has supplemented this NFT License with an additional license that governs your right to use such Third Party Content.

12.4.4 Restrictions.

Notwithstanding any of the above, you may not use the NFT Media in any way that constitutes unlawful, defamatory, harassing, abusive, fraudulent, racist, hateful, vulgar, cruel, illegal or obscene or that promotes any such activity, as determined in PETIO ANIMATION Company’s sole discretion, it being understood that PETIO ANIMATION may designate another entity such as a decentralized autonomous organization (“DAO”) or committee of DAO to make this determination in PETIO ANIMATION’s place, in which case PETIO ANIMATION will be bound by that other entity’s decision. To purchase the Pollen NFT if you are an individual, you must be 18 years of age or older if the age of lawfully capacity of forming binding contracts is older in the relevant jurisdiction.

12.4.5 Return of license to PETIO ANIMATION

You grant the PETIO ANIMATION Company a royalty-free, sublicensable license to publicly display and otherwise use the NFT and any other NFT in the Pollen NTS Collection for the purpose of promoting or exhibiting its NFT collection.

12.4.6 Derivatives.

You own all the rights attached to Your Pollen NFT Derivatives created during the terms of the License. In the event that you license copyright on your Pollen NFT Derivatives, such license must include the terms of this license to avoid infringement of PETIO ANIMATION Company’s rights. In any case, the intellectual property rights on the original Pollen NFT remain the property of the PETIO ANIMATION Company. Likewise, the use of the rights for your Pollen NFT Derivatives remains subject to the license conditions provided by the present Terms. At the end of the license, the use of the rights granted by the present license for the realization of Your Pollen NFT Derivatives remains subject to the authorization of the new owner of the underlying NFT. Any registration of Your Pollen NFT Derivatives must indicate the origin of the pre-existing Pollen NFT owned by PETIO ANIMATION Company on the base of which your Pollen NFT Derivatives was created. To the extent that French Intellectual Property law permits the holder to bring an infringement action based on the unauthorized use of Your Pollen NFT Derivatives Work, you agree that (i) any such claim must be based solely on the unauthorized use of Your Pollen NFT Derivative Work not on other works potentially derived from another NFT in the Pollen NFTS Collection, (ii) PETIO ANIMATION Company may, in its absolute discretion, join the claim and, unless it is likely to result in your harm, choose to take control for further action, (iii) in the event of a dispute between you and another owner of a Pollen NFT, PETIO ANIMATION has no obligation to support the conflict resolution nor to resolve the dispute. The transfer of the Pollen NFT involves termination of the present Terms and Conditions. During the licensing period, in the event you create and make publicly available a Derivatives using rights applicable to the Pollen NFT, this Derivatives might continue to be exploited in accordance with these Terms and Conditions provided that (i) you are in charge of any obligation and/or any responsibility resulting from the published Derivative during the duration of the License and (ii) this authorization does not allow you to create new Pollen NFT Derivates after the expiration of the present license. Any support reproducing Your Pollen NFT Derivates that was published during the application of these Terms and Conditions can continue to bediffused but any new creation and sub-derivatives of the Pollen NFT Derivates will require express licensing from the new owner of the Pollen NFT.

12.5 DISCLAIMER, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION

12.5.1 Disclaimer.

YOUR ACCESS TO AND USE OF THE POLLEN PROJECT AND POLLEN NFT IS AT YOUR OWN RISK. EXCEPT AS EXPRESSELY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PETIO ANIMATION COMPANY, ITS PARENTS, AFFILIATES, PARTNERS, EMPLOYES, OFFICERS, DIRECTORS, CONTRACTORS, AGENT, LICENSOR AND EQUITY HOLDER (THE “CREATOR ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT IN THE POLLEN PROJECT AND POLLEN NFT. THE CREATOR ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR (I) THE COMPLETENESS ACCURACY, AVAILABILITY, TIMELINESS, ORIGINALITY, SECURITY OR RELIABILITY OF THE POLLEN PROJECT AND POLLEN NFT; (II) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM, DEVICE, BLOCKCHAIN, DIGITAL WALLED, HARDWARE OR MARKETPLACE; AND (III) WHETHER THE POLLEN PROJECT AND POLLEN NFT WILL MEET YOUR REQUIREMENT OR BE AVAILABLE ON A UNINTERRUPTED, SECTURE OR ERROR-FREE BASIS; AND (IV) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT THE POLLEN PROJECT AND POLLEN NFT. THE POLLEN PROJECT AND POLLEN NFT ARE INTENDED FOR CONSUMER ENJOYMENT, USE AND CONSUMTPION ONLY.

12.5.2 Limitations of Liability.

TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE CREATOR ENTITES BE LIABLE (I) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSESS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE POLLEN PROJECT OR THE POLLEN NFT), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE POLLEN PROJECT AND POLLEN NFT OR THESE TERMS AND WHETHER IN CONTRACT, PRODUCT LIABILITY OR TORT OR OTHERWISE, EVEN IF THE CREATOR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVEREY, USE OR PERFORMANCE OF THE POLLEN PROJECT AND POLLEN NFT. THE MAXIMUM AGGREGATE LIABILITY OF THE CREATOR ENTITES FOR ALL DAMAGES AND CAUSE OF ACTION, WHETHER IN CONTRACT, TORT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

12.5.3 Assumption of Risk.

THE VALUE OF THE POLLEN PROJECT IS SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE POLLEN PROJECT AND POLLEN NFT.

12.5.4 Fundamental Elements.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE CREATOR ENTITIES AND YOU.

12.6 ADDITIONAL PROVISIONS

12.7 Additional Features.

Creator may choose to make additional features, access, content, items, or other benefits available to owners of Pollen Project NFTs (“Additional Features”). PETIO ANIMATION has no duty or obligation to provide you with any Additional Features, and you should not expect any Additional Features when acquiring a POLLEN NFT. Additional Features may be subject to additional terms and conditions, which may be presented to you at the time they are made available.

12.8 Miscellaneous.

These Terms constitutes the entire and exclusive understanding and agreement between Creator and you regarding the Pollen NFT Project and Pollen NFT and supersedes and replaces any and all prior oral or written understandings or agreements between PETIO ANIMATION and you regarding the Pollen NFT. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Termes and the licenses granted hereunder may be freely assigned by PETIO ANIMATION. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

12.9 Governing Law and Arbitration.

You and PETIO ANIMATION shall cooperate in good faith to resolve any dispute, controversy or claim arising out of, relating to or in connection with these Terms including with respect to the formation, applicability breach, termination, validity, or enforceability thereof (the “Dispute”). If the parties are unable to resolve a Dispute within ninety (90) days from the occurrence of the said dispute, no solution is found, the Dispute will be brought exclusively before MONTPELLIER jurisdiction (FRANCE).

13. CONFIDENTIALITY

All information in these Terms and Conditions is strictly confidential. The Company and the User shall refrain from disclosing any information relating to the GTC or any information collected during the transaction, subject to legal or regulatory obligations. For more information we strongly recommend that you consult our Privacy Policy.

14. DATA PROCESSING AND IT SECURITY

The Company implements appropriate organizational and technical security measures to protect your Personal Data from malicious intrusion, loss, alteration or disclosure to unauthorized third parties, and more generally to safeguard the security and confidentiality of said Personal Data and to guarantee a level of security appropriate to the risk. However, due to the difficulties inherent in carrying out an activity on the Internet and the risks, which you are aware of, resulting from the transmission of data by electronic means, the Company cannot be bound by an obligation of result.

In accordance with Regulation EU 2016/679 on the protection of personal data (GDPR), PETIO ANIMATION assures the User that the personal data collected are processed in accordance with the GDPR.

In accordance with Article 5 of the GDPR, PETIO ANIMATION collects personal data in compliance with the following principles:

- Loyalty: The collection of information is done through lawful procedures. Customers are continuously informed of the use of their data;

- Limited purposes: the data are collected and processed for a particular purpose described in detail in (III) of this section;

- Minimisation of data collection: only data necessary for the effectiveness of the Order are collected by PETIO ANIMATION;

- Accuracy of data: personal data must be accurate and therefore necessarily kept up to date;

- Limitation of the retention of data in time: personal data are kept for a limited time being specified in the provision (III);

The purpose of these provisions is to inform the User of the reasons why PETIO ANIMATION collects, processes and protects their personal data. This Corporate Policy affirms and warrants that the consumer is aware of the following:

(I) How personal data is collected and secured;

(II) The type of personal data collected;

(III) The purpose of this collection;

(IV) Customers' rights and how to exercise them;

(V) Complaint to the CNIL and cookie.

BY ORDERING ANY OF THE POLLEN COLLECTION NFT, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. THE ACTIVITY IS HOSTED IN FRANCE, IF YOU ACCESS THE SITE FROM A REGION WHERE DATA PROTECTION LAWS ARE DIFFERENT, YOU ARE SOLELY RESPONSIBLE.

14.1 Collection and security of personal data

PETIO ANIMATION collects and uses only the personal data necessary for the proper functioning of the transaction as well as our commercial operations through a form.

14.2 The type of personal data collected

We may be required to perform Processing of your Personal Data which are as follows:

- Name

- Given name

- Mailing address

- Country of residence

- Email address

Please keep in mind that the list mentioned above is not exhaustive and can be updated if necessary for industrial, compliance and regulatory reasons.

14.3 The purpose of this collection

During your exchanges with the Company, the Company may be required to collect and process Personal Data about you for the management of activities. In this context, the Company applies the principles defined by the legal and regulatory provisions on the protection of personal data, in particular in the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the Processing of Personal Data (“GDPR”) or Law 78-17 of 6 January 1978 on data processing, files and freedoms (known as the “Data Protection and Freedoms Law”) and its implementing decrees. In addition, the collection and processing of the following data have the sole purpose of effecting an effective transaction.

PETIO ANIMATION IS ALSO CONCERNED ABOUT THE SECURITY OF YOUR PERSONAL INFORMATION.

HOWEVER, WE ARE UNABLE TO GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER HAVE

THE ABILITY TO OVERRIDE OUR SECURITY SYSTEM OR USE YOUR PERSONAL INFORMATION FOR

INAPPROPRIATE PURPOSES. YOU ACKNOWLEDGE THAT YOU PROVIDE YOUR PERSONAL INFORMATION

AT YOUR OWN RISK.

The secondary purposes of the data collection are:

- Management, processing and monitoring of information requests and exchanges with Users;

- Managing our relations with our Customers (pre-contractual, contractual and postcontractual relations);

- Managing our relationships with our partners and service providers including also our relationships with the Niftikyt Third Party Site;

- Management by the Company of requests to exercise the rights of data subjects in terms of the protection of personal data, in accordance with its legal and regulatory obligations.

In addition, data collection is limited in time to two (2) years from the time of data collection.

14.4 Customers' rights and how to exercise them

Customers have various privileges under applicable legislation, including:

- Right of access: you can obtain confirmation that Personal Data about you is processed or not by the Company and, where they are, access to said Personal Data, as well as certain information relating to the Processing of your Personal Data and the characteristics of such Processing;

- Right of rectification: if the Customers believe that their personal data are incorrect or incomplete, they have the right to request their correction;

- Right to erasure or right to oblivion: Customers have the right to have their personal data deleted according to the legal parameters;

- Right to limit processing: Customers have the right to restrict the processing of their personal data;

- Right to withdraw your consent: you may withdraw your consent if the Processing is carried out on the basis of your consent, provided that the withdrawal of such consent does not affect the lawfulness of the Processing;

- Right to object: Customers have the right to object to the processing of their personal data for reasons related to their particular situation. Customers have the absolute right to object to the collection of personal data for commercial prospecting purposes, including profiling related to such prospecting.

14.5 Complaint to the CNIL and cookie

In any case, you also have the right to lodge a complaint with the competent supervisory authority (in France, this is the Commission nationale de l'informatique et des libertés known as “CNIL”: 3 place de Fontenoy - TSA 80715 – 75334 Paris cedex 07; tel. 01 53 73 22 22) if you consider that the Processing of your Personal Data is not carried out in accordance with the legal and regulatory provisions on the protection of Personal Data.

15. CONTRACTUAL OBLIGATIONS OF THE PARTIES

15.1 Obligation of the Seller

Below are listed the obligations that PETIO ANIMATION must fulfill. We are the obligor of these obligations, in case of total or partial non-performance or bad performance, you are liable to incur our liability.

15.1.1 The Company is obliged to guarantee its Products in accordance with the various legal guarantees (section 19 of the various guarantees).

15.1.2 Subject to the establishment of an effective payment, the Company undertakes to issue the agreed thing in exchange for the payment made by the Customer.

15.1.3 PETIO ANIMATION undertakes, in good faith, to perform all of these Terms subject to your correct performance.

15.2 Obligation of the User

Below are the obligations that the User must meet. You are the obligor of these obligations, in case of total or partial non-performance or bad performance, you are liable to incur your liability.

15.2.1 The Customer is obliged to pay the agreed Price in exchange for the Product. PETIO ANIMATION undertakes to issue the NFT on the condition that you pay the Price fixed at the time of the Order.

15.2.2 The Customer undertakes to provide the information necessary for the performance of the Order and more precisely, the latter undertakes to guarantee the veracity of the information provided. In order to contribute to the proper functioning of the ecosystem as well as to the accuracy of the information, the User undertakes to keep its information and various contents in line with reality. Furthermore, the provision of information that is erroneous, whether intentional or not, remains at the User’s risk. Consequently, theCompany cannot be held responsible for the transfer of the NFT taking into account theerroneous information.

15.2.3 The User undertakes to adopt a behaviour that ensures the confidentiality of any information deemed confidential.

15.2.4 Subject to the non-exclusive commercial license granted to the User, you are obliged to use the Product in accordance with the destination granted to you. Consequently, PETIO ANIMATION reserves the right to suspend the User’s account and all related transactions. It is prohibited to harm or attempt to harm the ecosystem of PETIO ANIMATION by any means whatsoever.

15.2.5 The User is obliged to perform these "GTC" provisions in good faith. You undertake to perform these Terms in their entirety, subject to the correct performance of the Parties.

THE NON-PERFORMANCE OR POOR PERFORMANCE OF ANY OF THESE OBLIGATIONS ENTAILS THE CONSEQUENCES SPECIFIED IN SECTION 17 OF THESE GENERAL TERMS. THE USER’S FAILURE TO FULFIL ITS CONTRACTUAL OBLIGATIONS, WHICH THE COMPANY DOES NOT INITIALLY INVOKE, CANNOT BE INTERPRETED AS A WAIVER BY PETIO ANIMATION OF ITS RIGHTS OR ITS RIGHT TO AVAIL ITSELF OF

SUCH RIGHTS AT A LATER DATE.

16. MODIFICATION AND CORRECTION OF THE COLLECTION

The collection may have technical defects and/or errors. To this end, PETIO ANIMATION reserves the right, at its own discretion and with no prior notice, to change, modify, interrupt or delete content related to the Collection at any time and for any reason in the interest of the ecosystem.

17. TERMINATION AND SUSPENSION OF THE ORDER

The only cases provided for in these provisions shall constitute a right to act on a request for termination. Moreover, for the same reasons as detailed in Section 7, namely the numerical nature and customization of the Order, there is a principle of exclusion from the possibility of suspension of the acquisition of the NFT.

17.1 The Seller’s Request

The termination of the Order occurs at the initiative of PETIO ANIMATION in the following cases:

- In the event of the Client’s breach of its contractual obligations;

- In the event of non-payment of amounts due by the Client;

- In case of false declaration detected by PETIO ANIMATION.

This right of termination is the consequence of one or more breaches by the Customer. Therefore, it must be perceived as a sanction that legitimately does not average any compensation and no notice without the Company’s liability being incurred. Termination at the initiative of PETIO ANIMATION entails the obligation of instantaneous restitution of the NFT.

17.2 The request on the initiative of the User

The User is entitled to act by termination of the contract in the event of a breach of PETIO

ANIMATION’s contractual obligations. The User undertakes to contact PETIO ANIMATION in order to

terminate this contract.

18. UPDATE OF THE GENERAL CONDITIONS OF SALE

We reserve the right to update these Terms at any time, by publishing a new version that we will send

to your destination. However, the current version of your Order will apply to your NFT.

19. THE VARIOUS GUARANTEES

Any person who provides services and/or delivers products is subject to mandatory legal compliance obligations. The Company undertakes to respect the various guarantees contained in Section 8.

19.1 Legal guarantees relatinf to the Product

19.1.1 Compliance Guarantee

With regard to the Product sold by the Company, PETIO ANIMATION undertakes to implement a guarantee of legal compliance, as provided for in the combination of articles L.217-4 to L.217-13 of the Consumer Code and articles L224-25-2 and L224-25-3 applicable to digital services.

The guarantee of legal conformity is the guarantee for the benefit of the consumer against any lack of conformity existing at the date of delivery of the Product.

According to Article L217-4 of the French Consumer Code:

“The property complies with the contract if it meets the following criteria, where applicable:

1. It corresponds to the description, type, quantity and quality, particularly as regards functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2. It is suitable for any special use sought by the consumer, brought to the attention of the Seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3) It is issued with all accessories and installation instructions, to be provided in accordance with the contract;

4) It shall be updated in accordance with the contract.".

In other cases, the consumer benefits from:

- A period of 2 years from the date of purchase to act as a complaint;

- An option right between the repair of the Product or its replacement provided that the User makes the Product available to us.

19.1.2 Guarantee against hidden defects

With regard to the hidden defects of the Product sold by the Company, PETIO ANIMATION undertakes to implement a guarantee of hidden defects, as provided for in articles 1641 and following of the Civil Code.

The guarantee of hidden defects is understood as the guarantee for the benefit of the consumer against all hidden defects that degrade the qualities of the Product, the consumer benefits:

- A period of 2 years from the date of purchase to act as a claim in accordance with article 1648 of the Civil Code;

- The choice between repairing the Product or replacing it provided that the User makes the Digital Product available to us in accordance with article 1644 of the Civil Code.

These two clauses mark the only guarantees likely to be the basis for a claim for reimbursement of the Products by the User. In application of French law and more precisely the French Consumer Code, PETIO ANIMATION is held with Users who are consumers.

PETIO ANIMATION SHALL BE SATISFIED TO COMPLY WITH THE REQUEST AND TO REPAIR ONLY THE PRODUCT COVERED BY THE SAID GUARANTEE NAMELY THAT WHICH MEETS ALL OF THESE CONDITIONS AND RESTRICTIONS.

20. RISK ACCEPTANCE AND DISCLAIMER

The User agrees to accept the following risks and therefore consents to the Company’s liability for:

- Access to and use of the Site at your own risk;

- The security risk inherent in providing and processing information online on the internet;

- The loss incurred following the use of a blockchain network and the use of smart contracts;

- Loss incurred as a result of malfunctions, bugs, errors or violations beyond our control;

- Any interruption of the Order following the occurrence of malfunctions;

- Any damage resulting from the intrusion of a third party in particular by the breach of the security system in order to obtain fraudulent and unauthorized access to the stored information;

- All cases of force majeure pursuant to Article 1218 of the Civil Code and in particular the failure of the blockchain protocol used by PETIO ANIMATION;

- Any indirect, incidental, special, consequential damage possibly incurred;

- The volatility of an NFT. Thus, the ownership of NFT and the information provided by the Company cannot be considered an invitation to enter into an agreement for investment purposes;

- The use of an internet-based currency and related risks;

- You acknowledge that you are solely responsible for the voluntary disclosure of your confidential information; The Site has the option of using third party Sites, including the Niftykit Site. These external sources are independent of the Corporation’s jurisdiction and authority. Therefore, we cannot be held responsible for any items available on these sites, including if they cause damage or loss and those that are direct or indirect.

IN ADDITION, YOU EXPRESSLY UNDERSTAND AND ACCEPT THE AFOREMENTIONED RISKS SO THAT PETIO ANIMATION IS UNDER NO CIRCUMSTANCES LIABLE EXCEPT FOR WILFUL AND THEREFORE INTENTIONAL MISCONDUCT. FOR THIS PURPOSE, THE USER MAY NOT REQUIRE ANY COMPENSATION FROM PETIO ANIMATION.

21. APPLICABLE LAW

The purpose of this section is to clarify the procedures to be followed and the time allowed in the event of a dispute and also to detail the provisions in the event that the dispute is destined to turn into litigation.

21.1 Jurisdiction

These General Terms and Conditions of Sale are governed by French law and consequently, disputes relating to these terms and conditions are subject to the exclusive jurisdiction of the competent French courts.

According to Article 42 of the Code of Civil Procedure, “the competent court is, unless otherwise provided, that of the place where the defendant remains.”

The clause conferring jurisdiction, enforceable against merchant subscribers, stipulated in these terms and conditions gives exclusive jurisdiction to the Commercial Court of Montpellier.

21.2 Amicable Dispute Resolution

Meeting the suitability of the service we offer to your expectations is our priority. We therefore wish

to respond to your concerns without having to initiate formal legal proceedings. Thus, in an effort to

understand and support our clients, we consider it wise to give priority to the attempt to resolve

disputes by amicable means.

Therefore, before any complaint is filed with a mediation or judicial entity, the User undertakes to contact PETIO ANIMATION through the support provided at the following address: hello@pollennfts.art. We will endeavour to find a solution to the difficulties you face. If, however, we are unable to do so or you are not satisfied with the answer, you can address your complaint to a mediation centre. Furthermore, in the event that the User falls under the legal qualification of consumer within the meaning of the Consumer Code, pursuant to Article L612-1 of the Consumer Code, PETIO ANIMATION has the obligation to guarantee the effective use of a mediator for the amicable resolution of a dispute.

Below is the name and contact information of the successful mediator: CMAP.

We provide you with additional information on dispute resolution online at the following site:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The Parties shall, subject to compliance with the Terms of this Section, have the opportunity to resolve the dispute through legal action.

22. SEVERABILITY OF INVALID CLAUSE

Should a clause be deemed invalid and/or unenforceable, it would immediately become severable

from the body of the General Conditions of Sale. Therefore, the valid clauses that remain included in

the GTC are in no way affected by the invalidity of any of them.

23. CONTACT SUPPORT

For all requests and/or complaints, PETIO ANIMATION provides you with a contact service at the

following email address: hello@pollennfts.art. This contact can also be done through the Site within the section

«contact us» It is necessary to specify your name; email; telephone; the subject; the message. Finally,

the use of post is available at the following address: Petio animation,3 rue laffite,34000 Montpellier, France