Terms and Conditions - AUREA
1. General Provisions
1.1 Scope
AUREA-PLATFORM LLC, with registered office at 30 N Gould St, Ste N, Sheridan, WY 82801, United States of America (“AUREA”), provides an application that enables the authentication of physical assets through the use of NFC (Near Field Communication) chips, and the issuance of unique digital certificates in the form of non-fungible tokens (“NFTs”), which act as digital certificates of authenticity linked to said physical assets. These certificates are connected to the information recorded through AUREA’s application (the “AUREA App”).
These terms and conditions (the “Terms”) apply to contracts related to the use of the AUREA App. The parties involved in these contracts are AUREA, as the licensor, and the users of the App, who assume the roles of Creators, Verifiers, or Viewers, depending on their function within the platform. Collectively, all of them shall be referred to as “Users.”
These Terms apply to both consumers within the meaning of Directive 2011/83/EU and applicable consumer protection laws, as well as to professional clients (“Professional Users”). When a clause is intended exclusively for one of these groups, it will be expressly indicated.
By downloading and/or using the AUREA App, the User agrees to these Terms, including any additional policies referenced in this document or accessible via hyperlink. These Terms are presented in electronic format in such a way that allows Users to store them on a durable medium.
The terms and conditions of third parties, including those of the Users themselves, shall not apply unless expressly confirmed in writing by AUREA.
2. Amendments to the Terms
2.1. AUREA-PLATFORM LLC reserves the right to amend these Terms at any time, including this section, provided that such amendments are duly notified to the Users.
2.2. Unless a specific effective date is indicated, the amendments shall become effective:
- at the moment the User expressly accepts the new terms; or
- two (2) weeks after the publication or notification of the changes (e.g., via email), provided the User has not expressed any objection in accordance with Section 2.3.
2.3. The User shall be deemed to have accepted the amendments if they do not object in writing or by electronic means (e.g., via email or through a notice within the AUREA App) within the stated period. In the amendment notification, AUREA shall expressly inform the User of:
- their right to object within the indicated period;
- that silence will be interpreted as acceptance; and
- their right to terminate the contract without notice before the amendments take effect.
2.4. For Users who are not Professional Users, any increase in fees or material and adverse limitation of functionalities shall require their express consent. In the absence of such consent, any modification must be reasonable, must not materially and negatively affect the User’s main obligations, and must be objectively justified in order to improve the services or protect the Users’ interests.
3. License and Rights Granted to Users
3.1. License for Viewers
Subject to compliance with these Terms, AUREA-PLATFORM LLC grants Viewers a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and install the AUREA application on a mobile device, and to use such copy solely for personal, non-commercial purposes to view digital certificates (NFTs) and verify publicly available information on the platform.
3.2. License for Creators
Subject to compliance with these Terms, AUREA-PLATFORM LLC grants Creators a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the platform and its tools solely for the purpose of authenticating physical assets using NFC tags and creating their corresponding digital certificates in the form of NFTs. This license permits the use of the application to issue and manage such certificates under the conditions set forth in these Terms.
3.3. License for Verifiers
Subject to compliance with these Terms, AUREA-PLATFORM LLC grants Verifiers a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the platform exclusively for the purpose of verifying the authenticity of physical assets linked to NFTs created on AUREA, accessing the information recorded in the certificates and conducting verifications under their professional identity validated by AUREA.
3.4. Usage Restrictions
Except as expressly permitted by applicable law or with AUREA’s written authorization, Users may not:
- copy, modify, or create derivative works based on the application or its components;
- distribute, transfer, sublicense, lease, or sell the application to third parties;
- decompile, reverse engineer, or disassemble any part of the software;
- allow simultaneous access by multiple Users or automate usage through scripts, bots, or similar systems;
- use the platform for unlawful purposes or to certify assets that infringe third-party rights.
3.5. Technical and Functional Limitations
AUREA-PLATFORM LLC may limit access to certain features of the application or platform based on specific conditions, such as identity verification, usage history, payment behavior, or regulatory compliance. Furthermore, AUREA reserves the right to suspend functionalities or restrict User accounts without prior notice in the event of breach of these Terms or suspected misuse.
4. Creator Account Registration
4.1. Creator Account
Individuals interested in using the AUREA platform to authenticate assets and create digital certificates (NFTs) must create a creator user account (“Creator Account”) by completing the registration process and providing valid, accurate, and up-to-date information, including full name, mailing address, email, and a compatible wallet address. Once the registration process is completed and verified, the User will acquire Creator status.
4.2. No Guarantee of Acceptance
AUREA reserves the right to reject any registration request without the obligation to provide justification. The creation of a Creator Account is not guaranteed, even if all required information has been submitted. Reasons for rejection may include, but are not limited to, legal restrictions, internal policies, or risk associated with the applicant’s activity.
4.3. Acting on One’s Own Behalf
Creators must act on their own behalf and for their own account. If the registration is made on behalf of a legal entity, it must be completed by a duly authorized individual who must identify themselves. For natural persons, the account holder must always be a single individual. Acting as an intermediary, trustee, or representative of third parties is not permitted, nor is sharing account access with others, except in the case of expressly granted access to a verified management team of a registered entity, subject to prior written validation by AUREA.
4.4. Account Non-Transferability
The Creator Account is personal and non-transferable. It may not be assigned, sold, donated, or transferred, nor may any associated rights be granted to third parties without AUREA’s prior written authorization.
4.5. Obligation to Keep Information Updated
Creators are required to keep their information up to date and notify AUREA without undue delay of any changes to their personal data, especially their email or postal address. Until such change is communicated, any correspondence sent by AUREA to the previously provided address shall be deemed validly delivered.
5. Verifier Account Registration
5.1. Verifier Account
Individuals or entities interested in using the AUREA platform to verify the authenticity of certified assets must create a specific Verifier account by completing the designated registration process. This process requires the submission of valid, accurate, and up-to-date information, including full name or company name, mailing address, email, and a compatible wallet address, as well as successful completion of a Know Your Customer (KYC) identity verification procedure.
5.2. No Guarantee of Acceptance
Acceptance of a request to operate as a Verifier on AUREA is not guaranteed. AUREA reserves the right to reject any application without the obligation to provide justification. Grounds for rejection may include, but are not limited to, failure to meet technical or legal requirements, internal policies, compliance risks, or a negative outcome of the verification process.
5.3. Acting on One’s Own Behalf
Verifiers must act on their own behalf and for their own account. If the account is created on behalf of a legal entity, the registration must be completed by a duly authorized individual, who must be properly identified. Acting as an intermediary, trustee, or on behalf of unidentified third parties is not permitted, nor is granting account access to third parties without prior written consent from AUREA. Verifiers must act impartially and agree not to verify or interact with any asset or product from a Creator in which they have an interest, nor to acquire any NFT related to such assets or products.
5.4. Account Non-Transferability
The Verifier account is personal and non-transferable. It may not be assigned, sold, or transferred, in whole or in part, except with prior express written authorization from AUREA.
5.5. Information Updates
Verifiers must ensure that all submitted information remains current at all times. Any changes to contact details or other relevant data must be communicated to AUREA without delay. Until such changes are notified, any communication sent by AUREA to the previously provided information shall be deemed validly delivered.
6. Asset Authentication and Certification
6.1. Certification Process
AUREA enables Creators to authenticate physical assets through the application of a smart tag (NFC tag) linked to a unique digital certificate issued as a non-fungible token (NFT). This process establishes a verifiable and immutable connection between the physical asset and its digital representation, which serves as a certificate of authenticity.
6.2. Verifier Involvement
For an asset to be considered certified, it must be inspected and approved by an authorized Verifier. The Verifier validates the authenticity, integrity, and conformity of the asset, linking the relevant data to the corresponding NFT. AUREA may, at its discretion, define different levels of certification depending on the Verifier’s profile or the type of asset.
6.3. Technical Requirements
Certification may only be performed using NFC tags provided by AUREA or its authorized distributors. Each tag contains a unique, cryptographically secure identifier, which is read by the AUREA app during the NFT binding process. Certification without the use of these tags is not permitted.
6.4. Creator’s Wallet
Issuing the NFT that serves as the digital certificate requires the Creator to have a compatible wallet, previously authorized (whitelisted) by AUREA. The resulting NFT will be issued directly to that wallet, and any error in its provision shall be the sole responsibility of the Creator.
6.5. Decentralized Storage
The certificate metadata, along with associated documentation (images, descriptions, specifications, authentication data), will be hosted on decentralized networks such as IPFS (InterPlanetary File System) and linked to the NFT. AUREA does not guarantee the permanent availability of these external networks.
6.6. Irreversibility
Once the certification process is completed and the NFT is issued, the transaction is permanently recorded on the corresponding blockchain. From a technical standpoint, this operation is irreversible. AUREA has no control over the blockchain network and cannot cancel, edit, or revert issued certificates. Therefore, the Creator and Verifier are fully responsible for ensuring the accuracy of the information before proceeding with the certification.
6.7. Limitation of Liability
AUREA neither guarantees nor assumes any responsibility for the authenticity of the physical asset, the accuracy of the data provided, or the quality of the Verifier’s work. AUREA solely provides the technological infrastructure that enables certification and does not intervene directly in the analysis, inspection, or professional judgment regarding the asset.
All legal, administrative, or contractual liability arising from errors, forgeries, omissions, fraud, negligence, or malpractice in the certification process shall rest exclusively with the Creator and/or Verifier involved in the operation.
6.8. Prohibited Use
It is strictly prohibited to use the AUREA platform to certify or authenticate assets whose possession, trade, or commercialization is illegal, fraudulent, or contrary to ethical standards, including but not limited to stolen items, counterfeit goods, assets under legal seizure, or those protected by regulatory restrictions. AUREA reserves the right to suspend or revoke access to the platform for any User engaging in such practices, without prior notice.
6.9. Post-Certification Review
AUREA reserves the right to review, audit, or request clarification regarding issued certificates if there are reasonable grounds to suspect irregularity, fraud, or forgery. In such cases, the visibility of the certificate may be temporarily suspended during the review process. This suspension shall not imply any acknowledgment of liability on AUREA’s part.
7. Creator/Verifier Wallet Authorization and NFT Creation
7.1. Compatible Wallet
In order to issue digital certificates in the form of NFTs through the AUREA platform, Creators and Verifiers must use a compatible wallet, either custodial or non-custodial, that supports interaction with smart contracts on the blockchains supported by AUREA.
7.2. Authorization Process
The Creator or Verifier must register and validate their public wallet address through AUREA’s authorization process, which includes linking the wallet to the User’s verified profile. This authorization may involve additional identity verification steps (KYC/AML).
7.3. Whitelist
Only wallets and Users successfully authorized by AUREA through its whitelisting process will be permitted to issue NFTs. AUREA reserves the right to reject any wallet or User without justification, including but not limited to legal, technical, or compliance-related reasons.
7.4. Wallet Responsibility
The Creator or Verifier is solely responsible for the custody of their wallet’s private keys. AUREA does not have access to or control over these keys and cannot recover funds or certificates in the event of loss, theft, careless or improper access, or user negligence.
7.5. NFT Creation
Once the wallet is authorized, the Creator may initiate the process of creating an NFT as a digital certificate. The NFT will include data recorded during the asset authentication process and will be issued on the selected blockchain. The NFT may contain information related to ownership, authenticity, traceability, or any other relevant data associated with the physical asset.
7.6. Technical Issuance
AUREA’s platform acts as the technical facilitator of the process, generating and signing the digital certificate based on the data provided by the Creator and validated by the Verifier, where applicable. AUREA may rely on third-party technology providers to complete the blockchain transaction.
7.7. Irrevocable Nature
The issuance of an NFT is a permanent and immutable transaction recorded on the corresponding blockchain. The Creator/Verifier assumes full responsibility for the accuracy and truthfulness of the data embedded in the NFT prior to issuance.
7.8. Consequences of Errors
Any incorrect, fraudulent, or inaccurate data included in the NFT is the sole responsibility of the Creator and/or Verifier. AUREA assumes no liability for any legal, technical, or economic consequences resulting from such misinformation.
8. Fees and Transaction Charges
8.1. Certificate Issuance Fee
The issuance of digital certificates (NFTs) through the AUREA platform is subject to a fixed fee per certificate. This fee covers:
- Blockchain minting costs (gas fees),
- The physical NFC tag,
- A proportional share of the shipping costs for the NFC tag batch.
All fees related to the issuance of digital certificates (NFTs) are paid outside the App Store via external platforms. The App does not use Apple’s in-app purchase system.
8.2. Volume-Based Discounts (Rappels)
AUREA may apply progressive discounts on the base issuance fee depending on the total number of certificates issued by the User. These discounts will be applied automatically based on predefined tiers, which will be communicated to Creators in advance.
8.3. No Hidden Fees
No charges will be applied beyond the previously stated issuance fee. AUREA includes the gas fees in the issuance price and does not pass on their variability to the User.
8.4. Transaction Fees Between Users (Future Marketplace Feature)
Once the buying and selling of certificates within the platform (the “Marketplace”) is enabled, AUREA will apply a 4% fee on the total transaction amount.
For transactions equal to or exceeding €50,000, this fee will automatically be reduced to 3%.
These fees will be deducted at the time of the transaction and will be clearly disclosed in updated Terms before the Marketplace goes live.
Certificate sales will be processed outside of the app and will not use Apple-managed payment methods.
8.5. Upfront Fee Disclosure
Before confirming any operation (whether certificate issuance or future transactions), Users will be shown the full amount payable, along with a breakdown of the applied fees and any applicable discounts.
8.6. Fee Updates
AUREA reserves the right to update fees and commissions at any time. Any changes will be communicated to registered Users in advance, either via email or directly through the platform.
8.7. Taxes
Fees may be subject to indirect taxes, such as Value Added Tax (VAT), depending on the tax regulations applicable in the User’s jurisdiction. In such cases, the final price will either include or itemize these taxes, as required by law.
8.8. Supported Blockchains (TBD)
AUREA currently operates on Ethereum Virtual Machine-compatible blockchains (“EVM blockchains”), such as Ethereum and Polygon. Creators may freely choose among the supported EVM blockchains when issuing certificates.
AUREA is under no obligation to expand its list of supported blockchains and reserves the right to modify or discontinue support for any blockchain at its sole discretion.
Users acknowledge that supported blockchains are subject to updates, forks, or other changes that may affect platform functionality. AUREA will determine, at its sole discretion, whether, how, and when to adapt to such changes, including possible migration to alternative technologies.
8.9. Refund Policy
AUREA may accept full or partial refund requests for fees paid for NFT issuance only if the User submits a justified claim before the NFT is minted on-chain. Requests must be sent to support@aurea-solution.com with a detailed explanation and supporting evidence.
8.10. Right of Withdrawal (EU Consumers)
In accordance with Directive 2011/83/EU, EU consumer Users have a 14-day right of withdrawal from the time of contract conclusion. However, the User acknowledges that this right is forfeited once AUREA begins service provision (NFT minting), provided the User has given prior express consent and acknowledged the loss of withdrawal rights before starting the operation.
9. User Obligations
9.1. Accurate and Up-to-Date Information
Users must provide and maintain accurate, complete, and up-to-date information in their profile, including legal full name, address, email, and any other details required by AUREA to deliver its services.
9.2. Confidentiality of Access Credentials and Wallets
Each User is responsible for maintaining the security of their account and the confidentiality of their login credentials and private wallet keys. AUREA is not liable for any losses arising from unauthorized use of a User’s account or wallet.
9.3. Diligent Use of the Platform
Users agree to use the AUREA platform diligently, in accordance with these Terms and all applicable regulations. They are obliged to report any irregularities, technical failures, or unauthorized use of their account immediately upon discovery.
9.4. Notification of Legal or Tax Status Changes
Users must promptly inform AUREA of any dissolution, insolvency, liquidation, restructuring, or similar proceeding, in the case of a legal entity. Additionally, Users must notify AUREA of any relevant legal or tax status changes that could affect their use of the platform.
9.5. Technological Requirements
Proper use of the platform may require Users to keep their devices, browsers, and operating systems updated. It is the User’s responsibility to meet all necessary technical requirements.
9.6. Prohibition of Abusive Behavior
It is strictly prohibited to manipulate the platform using bots, automated systems, scripts, scraping tools, or any other technology that alters AUREA’s normal operation, unless expressly authorized in writing. Any activity causing harm to AUREA, other Users, or third parties is likewise forbidden.
9.7. Cooperation in Investigations
Users agree to cooperate reasonably with AUREA during internal investigations or upon request by competent authorities related to platform usage.
9.8. KYC and Regulatory Compliance
Users must successfully complete the Know Your Customer (KYC) verification procedures implemented by AUREA in compliance with applicable anti-money laundering and counter-terrorism financing laws. Failure to meet this requirement may result in suspension or termination of platform access.
9.9. No Obligation to Act or Respond Promptly
AUREA does not guarantee or commit to act or respond within a specific time frame when Users submit information, documents, or requests-unless otherwise explicitly stated in these Terms. Processes such as KYC validation or wallet authorization may require several business days after receiving all requested information.
9.10. Monitoring and Compliance
Although AUREA is not obliged to actively monitor the use of the platform or User-generated content, it reserves the right to do so to ensure service integrity, compliance with these Terms, and adherence to applicable laws. AUREA may limit, suspend, or remove User content or functionality without prior notice if irregular behavior, legal violations, or breaches of these Terms are detected. Where applicable, AUREA may cooperate with relevant authorities to investigate or address such conduct.
10. Maintenance, Updates, and Support
10.1. Maintenance-Related Downtime
The AUREA platform, as a technological system, may require both scheduled and unscheduled maintenance. During these periods, certain functionalities-including the issuance of NFTs-may be temporarily limited or unavailable.
10.2. Scheduled Maintenance
When a significant or prolonged service interruption is anticipated, AUREA may, at its sole discretion, notify Users via registered email or through a notice on the platform. AUREA will strive to complete such maintenance in the shortest possible time.
10.3. Unscheduled Maintenance
In the event of urgent technical issues or force majeure, AUREA may perform unscheduled maintenance without prior notice. These interventions will be executed as swiftly as technically possible to restore service.
10.4. Platform Updates
AUREA may implement improvements, updates, or new versions of its software, features, or security systems. Some updates may require Users to download a new version of the application or accept revised terms. Continued use of the platform after seven (7) business days from such update shall constitute acceptance of the incorporated changes.
10.5. Technical Support
AUREA will provide Users with a support channel for inquiries, technical issues, or troubleshooting. Support will be delivered through digital means (web form or email) within reasonable hours and with response times depending on the nature of the request.
10.6. No Guarantee of Continuous Availability
AUREA does not guarantee uninterrupted or continuous platform availability but will make all reasonable efforts to ensure stable and secure operation. Users acknowledge that interruptions may occur beyond AUREA’s control, including failures in blockchain networks, third-party services, or force majeure events.
11. Content and Intellectual Property
11.1. Digital Certificates and User Content
NFTs generated through AUREA serve solely as digital certificates that authenticate the existence and certain characteristics of the linked physical asset. Users who generate such certificates (Creators) are responsible for providing the associated content and information, ensuring it is truthful, lawful, and properly supported by documentation or verifiable sources where applicable (e.g., information on counterfeits, market prices, provenance, etc.).
11.2. License to User Content
By uploading or linking content on the AUREA platform, the User grants AUREA a non-exclusive, worldwide, royalty-free, sublicensable, transferable license for the maximum period allowed by law to:
- Associate such content with the digital certificate (NFT);
- Host and display the content via the platform or decentralized networks (such as IPFS);
- Use it for operational, promotional, or demonstration purposes related to the platform, without altering the integrity of the content or violating third-party rights.
This license does not grant any rights to Apple or to third parties other than AUREA, except when strictly necessary for the App's functionality under these Terms.
11.3. Ownership of Content
AUREA does not acquire any ownership rights over the content provided by Users or over the certified physical assets. Creators retain all rights they hold over their works or products. The platform facilitates the certification and registration process.
11.4. AUREA's Intellectual Property
All technology, code, design, databases, text, logos, interfaces, graphic elements, features, and other content developed directly by AUREA are protected by intellectual property rights. Any unauthorized use is strictly prohibited.
Nothing in this section shall be interpreted as a transfer of rights to third parties, including Apple or other distribution intermediaries.
11.6. Objectionable and Prohibited Content
It is expressly forbidden to include, link to, or distribute through the AUREA platform any content that directly or indirectly:
- Is defamatory, discriminatory, malicious, or promotes hate speech;
- Contains depictions of extreme violence, torture, or abuse of people or animals;
- Promotes or facilitates the sale, purchase, or use of firearms, explosives, or other dangerous tools;
- Includes pornographic material or promotes prostitution, sexual exploitation, or human trafficking;
- Contains offensive, inflammatory, or misleading religious statements;
- Spreads false or misleading information, including data without verified sources, anonymous hoaxes, or fake trackers;
- Exploits tragic events or sensitive situations for sensationalist, speculative, or commercial purposes.
AUREA reserves the right to suspend, remove, or restrict access to any content that violates the above, without prior notice. The platform may also cooperate with competent authorities in case of serious or illegal violations.
11.7. Third-Party Providers and Data Collection
AUREA may integrate third-party SDKs (e.g., for analytics, crash reporting) that collect anonymized usage data. No personal data will be shared with such providers unless necessary to ensure the operation and improvement of the AUREA App. If advertising identifiers (IDFA) are used, permission will be requested under the App Tracking Transparency framework, and the purpose of each SDK will be disclosed in the Privacy Policy.
12. Copyright Policy and Enforcement Measures
12.1. Commitment to Legality
AUREA is firmly committed to the protection of intellectual property rights. The use of the platform to create or distribute NFTs that infringe copyrights, trademarks, patents, or any other legally protected rights is expressly prohibited.
12.2. Prevention and Response
AUREA adopts reasonable preventive and reactive measures to detect and remove content that infringes third-party rights. However, AUREA does not guarantee the automatic or prior detection of all violations.
12.3. Notification Mechanism
Any person or entity who believes that their intellectual property rights have been infringed on the platform may send a notice to: legal@aurea-solution.com, including at least the following information:
- Identification of the allegedly infringing content;
- Reasonable proof of ownership of the affected rights;
- Contact information of the complainant;
- A sworn statement that the information provided is true and that there is a good faith belief that the use of the material is not authorized.
AUREA will review the claim and, if appropriate, may temporarily suspend the affected content without prior notice while the claim is investigated.
12.4. Right to Remove Content
AUREA reserves the right to remove any content (including NFT metadata) that, in its reasonable judgment:
- Infringes copyrights, trademarks, or other third-party rights;
- Violates these Terms;
- Is deemed ethically inappropriate, offensive, or contrary to the values and objectives of the platform.
12.5. Rejection of Offensive or Unlawful Certifications
AUREA may deny the issuance of an NFT or its hosting on the platform when, in its reasonable discretion, the associated content:
- Is illegal or violates applicable regulations;
- Promotes unlawful or immoral activities;
- Falls under the definition of objectionable content as described in section 11.6.
12.6. Disclaimer of Liability for Content and Transactions
AUREA is not liable for the content linked to NFTs created by Users, nor for the accuracy, legality, or legitimacy of such content. Each Creator and Verifier assumes full responsibility for the information included in the certificates and for any transactions carried out through the platform. AUREA acts solely as a technological provider of the certification infrastructure and is not a party to relationships between Users or between Users and third parties. Under no circumstances does AUREA guarantee that the NFTs reflect real rights, legitimate authorship, or legal ownership of the physical assets.
12.7. Objectionable Content
It is strictly forbidden to use the AUREA platform to issue, host, or link NFTs that include or are associated, directly or indirectly, with objectionable content. Objectionable content includes, but is not limited to:
- Depictions of extreme violence, torture, or abuse of people or animals;
- Defamatory, discriminatory, malicious content or hate speech;
- Promotion or facilitation of illegal activities, including the sale or purchase of weapons or banned substances;
- Pornographic material, sexual exploitation, or prostitution;
- Inflammatory religious commentary, sectarian messages, or misleading out-of-context quotes;
- False or misleading information, such as unverified statistics or fraudulent content;
- Content that exploits recent tragic events to generate publicity, sales, or emotional impact.
AUREA reserves the right to immediately suspend any NFT, content, or account linked to such practices, and to cooperate with competent authorities in the event of violations.
12.8. Sources and Data Accuracy
Users who include statistical, historical, or informational data in their certificates (e.g., counterfeit rates, art market volumes, etc.) must clearly and verifiably cite the source of the information. The use of data without a source or whose accuracy cannot be verified may result in the suspension of the NFT or the User's account.
13. Risks
13.1. Risk of Total Loss
Using AUREA involves inherent risks related to blockchain technology and the nature of NFTs. In extreme circumstances, Users may permanently lose access to their certificates or the associated information, with no possibility of recovery. Such loss may result from human error, cyberattacks, technological failures, or issues in the decentralized infrastructure.
13.2. Risk of Volatility and Lack of Liquidity
Although AUREA certificates do not represent financial assets and have no intrinsic monetary value, they may eventually form part of a buying and selling ecosystem. In such cases, their value would depend on third-party interest and highly volatile market conditions, with no guarantee of liquidity or price stability.
13.3. Technological Risk
The technology underlying the AUREA platform-including blockchain, wallets, verification systems, decentralized storage (such as IPFS), and smart contracts-may contain bugs, vulnerabilities, or undetected flaws. These issues could compromise the security, integrity, or availability of AUREA’s services and certificates, even when systems are functioning correctly.
13.4. Regulatory and Legal Risk
The legal frameworks applicable to NFTs, blockchain, and digital assets are constantly evolving. Regulatory changes may require adjustments to the platform, restrict certain features, or even result in service suspension. While AUREA is committed to complying with applicable laws, continuity of service cannot be guaranteed in the face of adverse legal developments.
13.5. Risk of Technological Obsolescence
The technology on which AUREA is built may become obsolete or be abandoned due to lack of adoption, interest, or technical evolution. If supported blockchains cease to operate, or if the standards used (such as IPFS) are discontinued, accessibility and validity of services could be affected.
13.6. Risk of Wallet Access Loss
Loss of private keys, passwords, or devices storing a User’s wallet may result in the inability to access digital certificates. AUREA has no ability to recover or assist with non-custodial wallets and bears no responsibility for such losses.
13.7. Risk of Cyberattacks
Like any digital infrastructure, AUREA is exposed to cyberattack risks, including but not limited to: denial-of-service (DDoS), intrusions, malware, unauthorized access, or exploitation of third-party system vulnerabilities. Although AUREA implements advanced security, encryption, and monitoring protocols, no system can be considered 100% secure. A successful attack could compromise the platform’s functionality or lead to data loss.
13.8. Risk of Loss or Theft of Private Keys
Access to digital certificates is tied to wallets that require private keys. The loss or theft of such keys-due to negligence, malware, impersonation, or misuse-results in permanent loss of access to the certificates. AUREA has no access to Users’ private keys and assumes no responsibility for incidents related to their management.
13.9. Risk of Blockchain Forks
Blockchains compatible with AUREA may undergo updates or splits known as "forks." Such forks can result in duplicated NFTs, compromise the integrity of the record, or create incompatibilities with future versions. AUREA will assess on a case-by-case basis whether to support a given blockchain version, but compatibility of previously issued NFTs is not guaranteed.
13.10. Risk of Incorrect or Unverifiable Content
Creators and Verifiers are responsible for ensuring that the information embedded in NFTs is accurate, lawful, and verifiable. Including false, misleading, plagiarized, or undocumented content may have legal consequences. AUREA assumes no liability for the truthfulness of data incorporated into certificates.
13.11. Risk of Technological Discontinuation
Market evolution or technical developments may lead to certain technologies used by AUREA-such as specific blockchains or storage protocols-being abandoned, replaced, or no longer supported. This could impact the availability, permanence, or interoperability of issued NFTs. Although AUREA commits to maximizing stability, it cannot ensure the indefinite viability of third-party technologies.
13.12. Risk Related to Certificate Content
The information contained in NFTs is provided exclusively by Creators and Verifiers. AUREA does not automatically verify the authenticity, legality, or accuracy of such content. Any inaccuracies, falsehoods, omissions, or malicious uses may result in legal consequences, for which AUREA assumes no liability. It is the User’s responsibility to ensure the integrity of certified data.
13.13. Risk of Third-Party Dependencies
The AUREA platform may rely on third-party services such as wallets, decentralized storage providers (e.g., IPFS), payment gateways, or identity verification (KYC) platforms. Failures, policy changes, or discontinuation by these providers may impact the full or partial functionality of AUREA services. While AUREA selects reliable technology partners, it cannot guarantee continuity of services outside its direct control.
13.14. Exclusion of Indirect Damages
To the maximum extent permitted by applicable law, AUREA shall not be liable for consequential damages, lost profits, data loss, reputational harm, or any other indirect or special damages arising from the use or inability to use the AUREA App or its associated services.
14. Data Protection
14.1. Processing of Personal Data
AUREA-PLATFORM LLC will process Users’ personal data in accordance with applicable data protection legislation, including but not limited to the European Union’s General Data Protection Regulation (GDPR) and any other relevant laws applicable in the User’s jurisdiction.
14.2. Purpose of Processing
The personal data provided by Users will be used exclusively to:
- Manage access to and use of the AUREA platform;
- Verify the identity of Creators and Verifiers (KYC processes);
- Issue NFTs linked to physical assets;
- Comply with legal, tax, and anti-money laundering obligations;
- Improve the quality, security, and operation of the services offered.
14.3. Legal Basis
The legal bases for processing personal data include the performance of the Terms, compliance with legal obligations, the User’s consent, and AUREA’s legitimate interest in maintaining the platform’s security and reliability.
14.4. Data Retention
Personal data will be retained only for as long as necessary to fulfill the stated purposes or to comply with legal retention obligations. Once these purposes are fulfilled or the retention period expires, the data will be securely deleted or anonymized.
14.5. International Data Transfers
Due to AUREA’s technical infrastructure and potential use of service providers located outside the European Economic Area (EEA), it may be necessary to transfer personal data to countries that do not offer an equivalent level of data protection. In such cases, AUREA will ensure that these transfers are carried out in compliance with applicable legal requirements, including the adoption of appropriate safeguards such as Standard Contractual Clauses approved by the European Commission or other recognized legal mechanisms.
14.6. Users’ Rights
Users have the right to access, rectify, delete, object to, restrict the processing of, and request portability of their personal data, in accordance with applicable regulations. To exercise these rights, Users may send a request to legal@aurea-solution.com, including a copy of a valid identification document. AUREA commits to responding within a reasonable timeframe and in any case within the legally established period. Where available, Users may also delete their account directly from the AUREA App. Deleting an account will result in the erasure of personal data, except when AUREA is legally required to retain it in accordance with the GDPR.
14.7. Security Measures
AUREA implements appropriate technical and organizational measures to ensure the security, confidentiality, integrity, and availability of the personal data it processes. These measures include, but are not limited to: encrypted communications, access controls, system monitoring, secure storage, and periodic compliance audits.
14.8. Data Protection Officer
AUREA has appointed a privacy officer responsible for overseeing regulatory compliance regarding personal data protection. Any inquiries or complaints related to the processing of personal data may be sent to legal@aurea-solution.com.
14.9. Privacy Policy
All information regarding the processing of personal data-including data categories, detailed purposes, legal bases, and Users’ rights-is available in AUREA’s Privacy Policy, accessible on the official website and within the App. Users may delete their account directly through the AUREA App. This deletion will result in the erasure of their personal data, except where legal retention is required under the GDPR.
14.10. Security Breach Notification Protocol
In the event of a data breach or security incident involving personal data, AUREA will:
- Notify the relevant data protection authority within 72 hours of becoming aware of the breach;
- Inform affected Users without undue delay, specifying the nature of the breach, the data involved, and mitigation measures undertaken.
15. Communications and Notifications
15.1. Official communication channels
All communications, notifications, inquiries, or complaints addressed to AUREA must be made through the following official channels:
- Email: support@aurea-solution.com
- Postal address: AUREA-PLATFORM LLC, 30 N Gould St, Ste N, Sheridan, WY 82801, United States of America.
15.2. Notifications to Users
AUREA may send notifications, legal notices, updates to the Terms, or any other relevant information to Users via:
- Email sent to the address associated with the User’s account;
- Messages within the AUREA App or web platform;
- Announcements posted on the User dashboard or the official website.
A notification shall be deemed properly delivered once sent to the email address provided by the User or published via AUREA’s digital channels.
15.3. Language of communications
Communications will by default be made in English or Spanish, depending on the language setting selected by the User within the platform. AUREA may offer additional languages in the future, but is not obligated to maintain accurate and up-to-date translations in all cases. The AUREA App will be available only in the languages corresponding to the App Store’s supported localizations. The selected language must match the display language of the App.
15.4. Response times
AUREA commits to responding to User requests within a reasonable period. For legally regulated matters, such as data protection rights requests, applicable legal timeframes will be respected.
16. Dispute Resolution
16.1. Inquiries and amicable resolution
Before initiating any formal proceedings, both Users and AUREA agree to attempt to resolve any disputes, disagreements, or claims amicably through direct consultation and good-faith negotiation. Requests must initially be sent to support@aurea-solution.com.
16.2. Governing law
These Terms, as well as any contractual relationship between the Users and AUREA, shall be governed and interpreted in accordance with the laws of the State of Wyoming, United States of America, without prejudice to any mandatory consumer protection regulations that may apply in the User’s jurisdiction.
16.3. Jurisdiction
Any contractual or non-contractual dispute arising from the use of the platform shall be subject to the exclusive jurisdiction of the competent courts of Sheridan County, Wyoming (USA), unless consumer protection regulations in the User’s country of residence provide otherwise.
16.4. Waiver of class actions
Unless prohibited by applicable law, Users agree not to initiate or participate in any class action or joint lawsuit against AUREA. Each dispute must be resolved individually between the User and AUREA.
16.5. Alternative dispute resolution
AUREA is not obligated nor does it voluntarily commit to participating in consumer arbitration or alternative dispute resolution mechanisms. However, Users residing in the European Union may access the European Commission’s Online Dispute Resolution platform at: http://ec.europa.eu/consumers/odr/
17. Final Provisions
17.1. Entire agreement
These Terms constitute the entire agreement between the User and AUREA regarding use of the platform and supersede any prior agreements, understandings, or communications, whether oral or written, related to the same services.
17.2. No waiver
The failure of AUREA to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by AUREA.
17.3. Severability
If any provision of these Terms is held to be invalid, void, or unenforceable by a competent court, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect.
17.4. Assignment of rights
The User may not assign or transfer their rights or obligations under these Terms without prior written consent from AUREA. AUREA may assign or transfer these Terms without notice or User consent in the context of a corporate restructuring, asset sale, or merger.
17.5. Reference language
In case of discrepancies between the Spanish version of these Terms and any other available translation, the Spanish version shall prevail.
17.6. Contact
For any communications related to these Terms, Users may contact AUREA-PLATFORM LLC at:
30 N Gould St, Ste N, Sheridan, WY 82801, USA
Email: legal@aurea-solution.com