Terms of Service

Last updated: July 4, 2026

1. Acceptance of Terms

By downloading, installing, or using the October-San mobile application or website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services.

These Terms constitute a legally binding agreement between you and OCTOBER-SAN LLC, a California limited liability company ("October-San," "we," "us," or "our").

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement in your jurisdiction.

3. Your Account

To use October-San, you must sign in with Apple or Google. You are responsible for maintaining the security of your account. You agree to:

• Provide accurate information when creating your account
• Choose a username that does not infringe on the rights of others
• Not share your account credentials with others
• Notify us immediately of any unauthorized use of your account

October-San LLC reserves the right to suspend or terminate accounts that violate these Terms.

4. Embedded Wallets

When you create an account, a blockchain wallet is automatically created for you by Thirdweb, Inc. This embedded wallet is used to hold your NFTs and facilitate transactions on the Polygon network. You acknowledge that:

• Your embedded wallet is custodied by Thirdweb, not October-San LLC
• October-San LLC does not hold, control, or have access to your private keys
• You are solely responsible for the security of your account credentials
• Blockchain transactions are irreversible
• You may export your wallet at any time through the app settings

5. Minting NFTs

October-San allows users to mint NFTs from photos and videos captured at designated venues and events. By minting an NFT, you represent and warrant that:

• You are physically present at the designated venue at the time of minting
• You own or have the right to use the photo or video you are minting
• Your content does not infringe the intellectual property rights etc. of any third party
• Your content does not depict anything illegal, harmful, obscene, or defamatory
• You have not altered or fabricated the content to misrepresent what was captured

October-San LLC reserves the right to set collection limits, open and close collections at its discretion, and remove content that violates these Terms.

6. Content and Intellectual Property

You retain ownership and possession of the original photos and videos you capture. By minting an NFT on October-San, you grant October-San a limited, non-exclusive, royalty-free license to display and promote your content in connection with the Services.

The October-San name is the registered trademark of OCTOBER-SAN LLC. The October-San name, OCTSN logo, "Mint an October-San Moment" slogan, and application platform design are the exclusive intellectual property of OCTOBER-SAN LLC. You may not use the trademark or exclusive intellectual property outside the construct of the Services without prior written permission.

October-San respects all outstanding intellectual property rights, trademarks, copyrights, and names, images and likenesses (NIL) of any and all third-party entities. Users are responsible for ensuring their content does not infringe on third-party rights. October-San does not represent any license or affiliation with any third-party entity or individual.

7. Marketplace Transactions

October-San operates a peer-to-peer NFT marketplace on the Polygon blockchain. By using the marketplace, you acknowledge that:

• All transactions are conducted in POL, the native token of the Polygon network
• Dollar amounts displayed are approximate conversions for reference only and are not guaranteed
• October-San is a marketplace platform, not a party to individual transactions between buyers and sellers
• October-San is not a money transmitter, broker-dealer, or financial institution
• Blockchain transactions are final and irreversible once confirmed
• October-San collects platform fees and royalties as disclosed in the app
• NFT values are speculative and may fluctuate significantly

8. Fees

The October-San app is free to download with no upfront minting, membership or subscription fees. October-San collects platform and royalty fees on marketplace transactions as follows:

Primary Sale on October-San:

• Creator: 90%
• October-San: 7.5% (5% royalty + 2.5% platform fee)
• Thirdweb: 2.5%

Primary Sale off October-San:

• Creator/Seller: 90%
• October-San: 7.5% royalty
• External marketplace: 2.5%
• Creator royalty: 0%

Secondary Sale on October-San:

• Seller: 90%
• Creator royalty: 3.5%
• October-San: 4% (1.5% royalty + 2.5% platform fee)
• Thirdweb: 2.5%

Secondary Sale off October-San:

• Seller: 92.5%
• Creator royalty: 3.5%
• October-San: 1.5% royalty
• External marketplace: 2.5%

All fees are deducted automatically by smart contract at the time of transaction. Gas fees on the Polygon network are separate and paid by the transacting party.

9. Prohibited Conduct

You agree not to:

• Mint NFTs from outside the designated venue geofence
• Use automated tools, bots, or scripts to interact with the Services
• Attempt to manipulate collection mint counts or edition numbers
• Mint content that depicts violence, nudity, or illegal activity
• Impersonate other users or October-San staff
• Attempt to circumvent or exploit our smart contracts
• Use the Services for money laundering or any illegal purpose
• Resell access to the Services or mint on behalf of third parties for compensation

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OCTOBER-SAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT NFTS WILL RETAIN ANY PARTICULAR VALUE.

NFTS ARE SPECULATIVE DIGITAL ASSETS. OCTOBER-SAN MAKES NO REPRESENTATIONS REGARDING THE INVESTMENT VALUE OF ANY NFT MINTED OR TRADED ON THE PLATFORM.

BLOCKCHAIN NETWORKS ARE OUTSIDE OUR CONTROL. WE ARE NOT RESPONSIBLE FOR NETWORK CONGESTION, TRANSACTION FAILURES, OR CHANGES TO THE POLYGON NETWORK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OCTOBER-SAN LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF NFT VALUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO OCTOBER-SAN LLC IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless October-San LLC and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Los Angeles County, California.

14. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes by updating the "Last updated" date above and, where appropriate, through in-app notification. Continued use of the Services after changes constitutes acceptance of the updated Terms.

15. Contact

OCTOBER-SAN LLC
California, United States
info@october-san.com
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