General Terms and Conditions

LimeWire GmbH

1. General Provisions and Scope of these LimeWire GTC

1. The general terms and conditions herein ("LimeWire GTC") shall be applicable to all business relations between LimeWire GmbH, with its corporate seat in A-1010 Vienna, Salzgries 19 / 3+4, registered with the Austrian Commercial Register under registration number FN 569663s ("LimeWire" or "we") and LW-Clients (as defined below), in particular for transactions and business relationships with/on any online or electronic platform or a mobile application of LimeWire and associated Application Programming Interfaces ("API") of such platform or application (each a "LimeWire System").
2. "LW-Client" means a user of LimeWire Systems, who created a user account ("LW-Client Account") by registering on a LimeWire System and successfully completed the registration process.
3. In the following, the term "LW-Consumer Client" has the meaning of "consumer" and "LW-Business Client" has the meaning of "trader" as defined in the Austrian Consumer Protection Act ("KSchG").
4. For an overview of the definitions used in these LimeWire GTC please refer to Annex I.

1. Amendments to the LimeWire GTC

1. Changes to and amendments of the LimeWire GTC, including this point, may be made by LimeWire at any time and become effective

1. if no specific effective date is indicated by LimeWire: at the earlier of (i) the LW-Client explicitly accepting the amended LimeWire GTC (for example on LimeWire Systems) or (ii) two months having passed after publishing such changes or amendments (e.g. by publication on the LimeWire website or by sending a copy to the LW-Client per email), subject to the LW-Client not objecting under point 2.2; respectively
2. if a specific effective date (after the publish date) is indicated by LimeWire: at the later of (i) the specified effective date and the (ii) earlier of (a) the LW-Client explicitly accepting the amended LimeWire GTC (for example on LimeWire Systems) or (b) two months having passed after publishing such changes or amendments (e.g. by sending a copy to the LW-Client per email), subject to the LW-Client not objecting under point 2.2.

2. The LW-Client's consent shall be deemed granted if the LW-Client does not object in writing or electronically (e.g. by e-mail or via the LW-Client Account). In the amendment offer, the LW-Client is informed that (i) its silence by failing to object in writing or electronically (e.g. by e-mail or via the LW-Client Account) within the deadline as set out in points 2.1.1 and 2.1.2 shall be deemed as consent to the amendments, as well as that (ii) the LW-Consumer Client shall have the right to terminate its contract and the services agreed under the contract without notice until the amendments take effect.
3. An increase in the LW-Client's fees or a limitation of LimeWire's services in the LimeWire GTC can only be affected with the express consent of the LW-Consumer Client. Further, vis-à-vis LW-Consumer Clients and unless express consent is obtained, changes to the LimeWire GTC shall in any case be minor and reasonable for the LW-Consumer Client, shall not affect any main service obligations and shall only affect changes that are necessary and objectively justified in order to offer our services in the best possible way and to protect our LW-Clients’ interests.

2. LW-Client Account, Acting in own name

1. Prohibition of double accounts. LimeWire Systems allow only one LW-Client Account per LW-Client. Double accounts are forbidden. Should another account (the "Double-Account") be created in addition to your first account (the "Original-Account"), the following applies: LimeWire has the right to block the Double-Account and keep it locked. Assets which are deposited on the Double-Account will be transferred by LimeWire to the LW-Client's Original-Account provided that the LW-Client can prove (for example via the identification service used by LimeWire) to LimeWire's satisfaction that he/she is the creator and owner of both the Double-Account and Original-Account. LimeWire may waive the prohibition of Double Accounts with regard to certain services offered by LimeWire's partners that use LimeWire Systems and require the opening of a Double-Account.
2. Prohibition of shared LW-Client Account. Shared LW-Client Accounts are forbidden.
3. No transfer of LW-Client Account. You may not transfer your LW-Client Account (neither by sale, donation or otherwise) to any other person.
4. No transfer of rights. You may not assign or transfer any of the rights under these LimeWire GTC or in relation to the LW-NFT deposited on LimeWire Systems to any third party without the prior explicit consent of LimeWire (for the avoidance of doubt, except for Exchanges as described in point 16).
5. Single payment service provider account rule. Any payment service provider account (e.g. bank account) may only be associated with one LW-Client Account and, consequently, one single LW-Client ("Client Bank Account"). The name of the account holder of the Client Bank Account must match the name of the LW-Client attached to the respective LW-Client Account. The same applies to credit cards and any other means of payment used in connection with the LimeWire Systems.
6. Acting solely in your own name and behalf. You act in your own name and for your own account and create and use a LW-Client Account for yourself only. It is forbidden to act as an intermediary of any kind or broker of any kind or trustee of any kind for any person (including shared legal or beneficial ownership of the LW-Client Account or any LW-NFT deposited within your LW-Client Account) or to allow access of any kind to the LW-Client Account to any person other than yourself.
7. Exceptions to point 3.6. In exception to point 3.6, LimeWire allows a Creator's management teams and labels to create a LW-Client Account on behalf of a Creator, provided the respective Creator granted their management the corresponding permission. LimeWire may demand proof of such permission (e.g. a written permission of the Creator).
8. Fictitious delivery. For as long as you do not notify LimeWire about a new e-mail address or mailing/postal address, declarations from LimeWire shall continue to be sent to the previous e-mail address or mailing/postal address. Declaration delivered to the previous address shall be deemed delivered to the LW Client, if LimeWire was neither (i) aware of an amendment to the e-mail address or mailing/postal address; nor (ii) unaware of such an amendment due to gross negligence of LimeWire.

3. Becoming a LW-Client

1. LW-Client Account | LW-Client. Persons interested in using LimeWire Systems have to create a user account ("LW-Client Account") by registering on a LimeWire System. Registration is considered completed either by uploading a file to the LimeWire Systems or by using an email address to log into the LimeWire System. LimeWire may ask for additional valid, correct and up-to-date information, such as their name (first and surname), e-mail address and a password, in the registration process. A person having successfully completed the registration process is called a "LW-Client" or “you”.
2. Client Verification Process. If a LW-Client exceeds a certain transaction and/or withdrawal limit an additional verification process is required ("Client Verification Process"). The duration, steps and requirements of the Client Verification Process depend on security requirements, in particular Anti Money Laundering considerations, and may change from time to time depending on the legal framework and technical developments. At any time during the Client Verification Process, LimeWire may request additional information and documents necessary to complete the Client Verification Process.
3. Up-to-date and complete information. You confirm, that any document and information that you provide LimeWire with, is up-to-date, correct and complete and that you have not withheld any information that could potentially influence the Client Verification Process (e.g. you confirm that you have not withheld any information that could potentially trigger any further due diligence).
4. Information for Tax purposes. LimeWire will request tax related information, which are required to comply with applicable tax laws and regulations, such as but not limited to, billing addresses, bank details, banking/ wallet details and other economic relevant information like entrepreneurial status or UID (VAT identification number). LimeWire will request this information from you during the process of becoming a LW-Client and from time to time for as long as you remain a LW-Client.
5. No Acceptance Guarantee. There is no guarantee that a specific person can successfully complete the registration process even if the relevant LW-Client has provided all information requested by LimeWire. The reasons for this may include, but are not limited to, legal restrictions or economic considerations.

4. LW-Client Restrictions

LimeWire does not enter into any business relationships with the following persons or entities, does not accept them as a LW-Client and no such person or entity may register a LW-Client Account or use any of the LimeWire Systems:

6. Persons younger than 18 years or (if higher) the legal age required to become a LW-Client and/or use LimeWire Systems in accordance with the laws applicable to that person.
7. Persons and entities from a country that is subject to economic sanctions by the United Nations, the European Union, the United States or the United Kingdom, being:

1. persons with this citizenship;
2. persons having their residence in one of these countries;
3. corporations, partnerships and other entities established or organized in or under the laws of one of these countries; or
4. any trust or estate subject to the courts of any of these countries.

8. Persons, which are or have been subject to any of the measures mentioned in point 9.2. LimeWire may, in addition, at any time exclude any person or jurisdiction from its services at its own sole discretion.
9. Persons and entities from the United States of America may use the services of LimeWire only at their own risk.

5. Security Measures, Loss of Password, Recovery

1. Two factor Authentication. As a preventive security measure, LimeWire recommends that each LW-Client uses the two-factor authentication identification ("2FA") either on the email account used to log into the LimeWire Systems or on the LimeWire Systems.
2. Password | Loss or theft of 2FA. In case of theft of your password or loss or theft of the 2F, you must notify LimeWire about this loss or theft and follow LimeWire's instructions immediately as you become aware of it.
3. Recovery. LimeWire does not store or have control over your 2F. If you are unable to find/recover your 2F after losing it (e.g. losing your cell phone), you will need to contact the LimeWire support team for security reasons before you can access your LW-Client Account again. In order to ensure that no unauthorized person can gain access to your LW-Client Account and thus your Wallet in this way, the LimeWire support team will request documents and proof (e.g. by presenting a bank transfer order to the relevant LW-Client Account and proof of your identity by presenting an official photo ID) which, in view of the individual case, appear sufficient for the LimeWire support team to confirm your identity as well as the legitimacy of the request. For security reasons, LimeWire does not disclose in advance any details regarding the scope and content of this request. Therefore, in the event of the loss of your 2F, your active cooperation will be required and until the processes described in this point are completed, your LW-Client Account, including all assets and funds, cannot be disposed of. 

6. Obligations to act and cooperate on the part of the LW-Client

1. LW-Client’s obligations and undertaking. You, as a LW-Client, shall:

1. ensure prompt execution of any contracts (Verträge) and declarations (Erklärungen) and render forthwith any assistance required or reasonably requested by LimeWire in the course of making available to you the services on LimeWire Systems.
2. immediately report all defects or other problems with LimeWire Systems or transactions associated therewith which you either cause or are made aware of and shall support LimeWire in remedying the problem, in accordance with LimeWire's guidance and to the extent reasonable possible.
3. support LimeWire in any reasonable way to ensure the unavailability of copyrighted works on any LimeWire System.
4. immediately report to LimeWire any knowledge or suspicion of yours about any actual or potential copyright infringements on LimeWire Systems.
5. when requested by LimeWire, state your principal residency (Hauptwohnsitz) or in case of legal entities your corporate seat (Geschäftsadresse) and your tax residency during the Client Verification Process.
6. without undue delay update via a LimeWire System or notify LimeWire about any changes to your personal data (name, mailing/postal address, principal residency (Hauptwohnsitz) / corporate seat (Geschäftsadresse) / tax residency or e-mail address). The same applies if you notice that – for whatever reason – your personal information displayed on LimeWire Systems does not conform with the documents and information provided by you to LimeWire (for example if you notice that your name is spelled differently on your passport than on LimeWire Systems).
7. ensure that you choose a strong (long and complex) password that is unique and that you keep any and all details of your password confidential at all times.
8. at all times ensure that you have your 2F available and in usable condition and - provided you use the 2FA - keep the 2F secured and confidential at all times.
9. at all times ensure that your LimeWire mobile app, your internet browser and the underlying operating systems are always kept up to date to – amongst others – ensure that all security patches and updates are installed.
10. provide LimeWire with any reasonable data and/or information that LimeWire requires in order to provide its services to you and that is not unreasonable for the LW-Client to provide. This includes, but is not limited to, details with regard to proof of origin of funds (such as banking statements or any other details provided by banks or financial institutions, contracts of sales or contracts in general, or any other suitable data). The documents and data you submit are subject to verification by LimeWire. LimeWire will verify your documents as quickly as possible. However, it may happen that a verification performed by LimeWire will be delayed. As a result, the execution of your requested transaction may be delayed or, should the documents you submitted not be deemed sufficient by LimeWire for objectively justified reasons, may not be carried out at all.
11. notify LimeWire without undue delay about any loss or restriction of your capacity to contract.
12. notify LimeWire without undue delay about any change of (i) your Ultimate Beneficial Owner (UBO), (ii) your ownership structure or (iii) your representatives, if you are a legal entity.
13. notify LimeWire without undue delay about the commencement of dissolution, insolvency, restructuring, winding up or similar proceedings in any applicable jurisdiction as well as about the termination of the legal entity.

2. No obligation or guarantee by LimeWire to act or react. LimeWire provides no guarantee or undertaking to react within a certain timeframe when you provide to LimeWire any information or document unless such timeframe is explicitly set out in these LimeWire GTC. In particular, whenever a proof of origin of funds is required, the completion process may take several business days.

7. Ordinary termination rights

1. Ordinary termination rights. Except where these LimeWire GTC set out different notice periods, LimeWire and the LW-Business Client each may at any time terminate the entire business relationship or individual parts thereof by giving one month notice. However, LimeWire – at its sole discretion – may accept an ordinary termination without giving notice (e.g. in case a LW-Client withdraws all funds and deletes the LW-Client Account).
2. Withdrawal of assets. After the termination of the business relationship, irrespective of whether the termination is affected by LimeWire or the LW-Client, the LW-Client is obliged to withdraw all LW-NFTs and fiat balances by the expiry of the notice period at the latest.
3. Charges: In case a person is no longer a LW-Client and refuses to transfer their LW-NFTs within a time-period of 14 days after the contractual relationship has ended, LimeWire is entitled to charge fees in the amount of 0.1% but maximum EUR 30.00 per month of the deposited sum for the usage of the LimeWire System. For the sake of clarity, the deposited sum is calculated by adding up the respective purchase prices of each deposited LW-NFT, which the LW-Client paid in order to acquire the respective LW-NFT.
4. Legal Deposit. If a LW-Client has not withdrawn their assets after the expiration of the notice period, LimeWire will request the LW-Client to withdraw their assets after two months and after another four months after the termination. If the LW-Client does not withdraw their assets, LimeWire is entitled to legally deposit the remaining assets in court according to § 1425 ABGB after expiry of this notice period, after prior information in text form.

8. Extraordinary termination rights

1. Termination for cause. LimeWire or a LW-Client may at any time, without a notice period and with immediate effect terminate the entire business relationship or individual parts thereof for cause.
2. Causes entitling LimeWire to terminate the business relationship.
   LimeWire reserves the right to terminate the business relationship immediately for cause if, in particular but not limited to:

1. LimeWire reasonably believes that a LW-Client is or has been convicted or accused of (including any reasonably documented media reports or market rumours on) any breach or violation of criminal, administrative or tax laws in any country of the world.
2. official investigations (by any competent public authority, in particular, but not limited to, any public prosecutors in the field of criminal law or tax agents) against a LW-Client have been initiated or threatened with respect to any breach or violation of relevant criminal, administrative or tax laws in any country of the world.
3. LimeWire does so in order to comply with any (i) applicable law (in particular but not limited to anti-money-laundering and copyright purposes) or regulation, (ii) internal guidelines based on such law or regulation, or (iii) any order or request by a court or other authority.
4. a LW-Client has breached any of their obligations under these LimeWire GTC which are not otherwise mentioned in point 10 (e.g. any delayed payment) and has failed to cure such breach within 10 Business Days from the date of notification of such breach.
5. a LW-Client has opened more than one account with LimeWire or has shared their LW-Client Account without being allowed to do so (for further information please refer to point 3.7) with another person and has failed to cure such breach within 10 Business Days from the date of notification of such breach by LimeWire.
6. a LW-Client breaches the single payment service provider account rule (point 3.5) e.g. by using together with another LW-Client the same Client Bank Account to affect transfers from or to more than one single LW-Client Account or by using a bank account or credit card which is not in their name and has failed to cure such breach within 10 Business Days from the date of notification of such breach by LimeWire.
7. a LW-Client uses a LW-Client Account without legal entitlement to use such an account.
8. a LW-Client conceals their correct identity or origin of funds by providing incorrect, incomplete, outdated or misleading data to LimeWire or to a payment service provider.
9. a LW-Client manipulates LimeWire Systems or any other of LimeWire's services. Such manipulation is in particular any use of an automated system (e.g. bot) or any other tool or method which deviated from normal and typical  behaviour of retail users and, hence, indicates the involvement of a certain technology, software and/or any system automating such actions, except such use has been previously agreed in writing with LimeWire.
10. a LW-Client uses LimeWire Systems in such a way that leads to debit card chargebacks or credit card chargebacks.
11. a LW-Client conducts transfers or transactions in a way or uses LimeWire Systems in a way that causes damage, disadvantages or losses for LimeWire and/or impairs any LimeWire service.
12. Dissolution-, insolvency-, restructuring-, winding up- or similar proceedings have commenced, in case the LW-Client is a legal entity; or the death of a LW-Client (in case of natural persons).

3. Suspension or termination of your Client Account by LimeWire. In the event your LW-Client Account is suspended or the business relationship is terminated by LimeWire, LimeWire shall provide you with notice of such suspension or termination, unless it would be unlawful for LimeWire to do so. LimeWire is not obligated to disclose to you any findings or information acquired by LimeWire's security and risk management procedures.
4. Suspension lifting. In the event LimeWire is refusing to complete any operation on the LimeWire Systems and / or suspending your LW-Client Account, LimeWire will lift the suspension as soon as reasonably practicable once the reasons for refusal and / or suspension no longer exist.
5. Classification of LW-NFT as financial instrument. Notwithstanding any other termination right of the LW-Client and LimeWire, the LW-Client and LimeWire may at any time terminate the Custody Agreement (without observing any notice period) if any LW-NFT that forms part of the custodial property is at any time classified as financial instrument or similar regulated asset under Austrian law, or by any other applicable law.

9. Partner

1. LimeWire offers its services in collaboration with partners. If the LW-Client enters into a contract directly with a Partner, they will be informed about this fact and the identity of the Partner before they conclude the respective contract on LimeWire Systems.
2. Partner Account. The LimeWire Client instructs and authorises LimeWire to open an account with the Partners in its name and for its account. For this purpose, LimeWire forwards all the information provided to the Partners in order to create a user account with these Partners in the name and for the account of the LimeWire Client ("Partner Account"). A LimeWire Client cannot use the products and services offered by LimeWire until a Partner Account has been successfully created. The LimeWire Client hereby releases LimeWire from any restrictions on self-contracting and dual agency (under section 1009 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch) or otherwise) in connection with the opening of the Partner Account. The Partner Terms and Conditions have to be accepted by the LW-Client and, if applicable, the Partner's AML/KYC procedure has to be successfully completed. Only after having successfully completed the Partner's AML/KYC procedure, one can use LimeWire Systems.  
3. Payment or Virtual Currency Service Provider. LimeWire neither holds nor transmits currencies that are legal tender or virtual currencies (sec 2 no 21 Financial Markets Anti-Money Laundering Act, "FM-GwG") in connection with transactions of LW-NFTs via LimeWire Systems. All services in connection therewith are provided by properly licensed payment or virtual currency service providers.

10. LW-NFT and Vouchers

1. The LW-NFT will be stored in a cryptographic wallet and will be held in custody under the Custody Agreement.
2. Vouchers. Vouchers are issued and exclusively offered by LimeWire and are not based on any type of distributed ledger technology. LimeWire operates a central database. Vouchers constitute an entry recorded in this database.

1. Vouchers are only a support and facilitation tool and can be considered as an extra service towards LW-Clients. Vouchers should in particular enable LW-Clients to use services within the LimeWire Systems (e.g., LimeWire AI functions) faster and seamlessly.
2. Acquiring of Vouchers. Vouchers may be acquired by LW-Clients only. The LW-Client exchanges the crypto currencies USD Coin ("USDC"), LimeWire Token ("LMWR") (all together and each an "Accepted Token") or a legal tender (gesetzliches Zahlungsmittel) for a LimeWire voucher (Gutschein) ("Voucher").
3. Vouchers are denominated in various crypto currencies and fiat currencies as displayed on LimeWire Systems. The Wallet for all Vouchers is named "Voucher Wallet" and the Vouchers denominated in different crypto currencies and fiat currencies will be displayed in separate sub-wallets.
4. Risks. Vouchers shall in no event be considered or used by the LW-Client as a deposit (Einlage) of any kind. LimeWire is not a credit institution and does not accept or manage deposits (Einlagen). Your assets deposited on LimeWire Systems – in particular any Vouchers – are thus not secured or guaranteed by any deposit-guarantee schemes.
5. Inactivity fee. Vouchers are a support and facilitation tool within LimeWire Systems and thus, are supposed to be used by the LW-Client. If – against LimeWire's intended purpose – the LW-Client does not use a Voucher within the LimeWire Systems for an uninterrupted period of 365 days, LimeWire may charge an inactivity fee after the elapsed 365 days ("Reference Period") in the amount of 0.5% of the Vouchers stored on LimeWire Systems per month but not more than the equivalent of EUR 5.00 per month ("Inactivity Fee"). Through the Inactivity Fee the Voucher balance cannot become negative. Whenever the LW-Client engages in a transaction within LimeWire Systems, the Reference Period is reset and starts again on the day the transaction.
6. At any time, the LW-Client can exchange Vouchers back to legal tender or an Accepted Token.

11. NFT-Wallet and Custodial Services

1. NFT Wallet. LimeWire Systems use their own internal wallet and database system, which stores your respective LW-NFTs and is provided in cooperation with Partners. Your LW-NFTs are booked in your respective storing sub-account ("Wallet"). For the avoidance of doubt, Wallet does not mean an individual cryptographic wallet.
2. Custodial Services: To facilitate the LW-Client experience, LimeWire offers custodial services for LW-NFT and displays the LW-NFT held in custody for LW-Clients on your behalf on a custodial basis with LimeWire as trustee (Verwahrer) and the LW-Client as trustor (Verwahrgeber) ("LimeWire Custodial Services").
3. Terms and scope of LimeWire Custodial Services. LimeWire and the LW-Client shall be bound by the following custody agreement (Verwahrvertrag) ("Custody Agreement"):

1. LimeWire Custodial Services - and consequently the Custody Agreement - are subject to these LimeWire GTC and the terms and conditions of the Partner. In addition, LimeWire Custodial Services are subject to and limited by any additional requirements communicated to you upon or after depositing LW-NFT to your Wallet, such as providing on request evidence of the source of funds in accordance with AML provisions.
2. The LW-NFTs will not be stored with LimeWire directly but will be stored with the Partners.
3. The custodial property shall consist of any and all LW-NFT deposited on your Wallet as a direct result of:

1. a purchase made on LimeWire Systems;
2. a NFT Airdrop (as defined in point 14 of these LimeWire GTC);
3. a transfer under other circumstances than those mentioned under points 12.3.3.1 or 12.3.3.2 of these LimeWire GTC (for example, if you send a LW-NFT from your external cryptographic wallet to your Wallet), if either proof of funds was not requested or if you have provided sufficient proof of funds.

4. For the avoidance of doubt, any other LW-NFT that are, for whatever reason, credited to your Wallet (for example, if you make a transfer and cannot provide a sufficient proof of funds), shall not constitute custodial property and thus not be subject to the Custody Agreement.
5. LimeWire will offer LimeWire Custodial Services to all its clients (LimeWire will act as trustee for several clients at the same time) and may in addition hold or trade its own LW-NFT. You herewith release LimeWire from any restrictions against self-dealing and double representation (under § 1009 of the Austrian Civil Code or otherwise) in connection with its role as trustee and the other services offered by it on LimeWire Systems.
6. Subject to fulfilment of the requirements set out above, the Custody Agreement commences on the date on which any LW-NFT is deposited on your Wallet and is entered into for an indefinite period. The Custody Agreement ends automatically once all LW-NFT have been withdrawn from your Wallet.
7. The LW-Client shall without undue delay upon any termination notice or actual termination of the Custody Agreement provide a valid address (in accordance with the protocol governing the relevant LW-NFT) onto which the LW-NFT will be transferred within two weeks after having received such information at the latest.
8. The LW-NFTs held by LimeWire from time to time on your behalf are displayed via the LimeWire System. LimeWire undertakes to protect your LW-NFTs to the extent that it is reasonably technically manageable in LimeWire Systems and will implement reasonable contractual obligations with Partners. There is no obligation of the Trustee or the Partner to hold LW-NFTs in any specific form or system.
9. The LW-Client remains in control of any LW-NFT held in their Wallet and may – subject to the conditions and limitations set out in these LimeWire GTC – at any time, dispose of the custodial property, for example by transferring them to a wallet address outside of LimeWire Systems.
10. The purpose of the Custody Agreement is to provide a legal framework for the technical services offered by LimeWire in relation to your LW-NFTs. LimeWire as trustee does not act as asset manager, investment adviser, portfolio manager or in a similar role and except where any mandatory law, any court order or verdict or similar instruction from any authority which is binding for LimeWire – does not actively engage in any transactions or make any observations or inquiries with regard to the custodial property.
11. As the beneficial owner of the LW-NFT you bear all risk of loss (factual, legally and/or economically) of such LW-NFT, in particular any of the risks set out under point 24 of these LimeWire GTC. In such a case, LimeWire does not assume any liability for fluctuations in the value of LW-NFTs or any technical changes to the LW-NFTs. Any liability of LimeWire under or in connection with LimeWire Custodial Services shall be limited in accordance with point 19 of these LimeWire GTC.

4. Unified wallet. To provide LW-Clients with the best user experience and for the sake of clarity, all assets in your Wallet are displayed (including in an aggregated form) in a unified and similar fashion on LimeWire Systems. These methods of presentation shall be considered for information purposes only and shall not have any effects on the different underlying legal concepts established under and set out in these LimeWire GTC.
5. Third-party service provider. LimeWire may, at any time, appoint a third-party to provide all or parts of its Custodial Services.

12. Transfers

1. Any transfers of LW-NFT from your Wallet are subject to the terms and restrictions of these LimeWire GTC and will be processed on LimeWire Systems depending on the recipient.
2. External Transfers. For each LW-NFT transfer from your Wallet to a wallet outside LimeWire Systems or LW-NFT transfer from a wallet (or other source) outside LimeWire Systems to your Wallet ("External Transfer") the following provision apply:

1. External Transfers are processed in such a manner that LimeWire will initiate the steps required under the protocol (e.g. Ethereum) of the relevant LW-NFT (for example, sign with LimeWire's private key a transaction of the requested LW-NFT from LimeWire's wallet to a specific address).
2. There is no guarantee that any further steps that may be technically or factually required for the transaction to be considered finalized and irrevocable will be completed (for example, LimeWire does not procure or guarantee that the transaction will be mined and included in the next block of the relevant blockchain).
3. Transaction fees or miner-fees may occur, which must be borne by and settled directly by the LW-Client.
4. The transaction-ID, as generated by each cryptographic network, serves as irrefutable proof of the completed transfer of LW-NFT to the LW-Client's last disclosed wallet address. Such transaction-ID will also be communicated to the LW-Client's last disclosed e-mail address as part of a delivery confirmation e-mail.
5. The transaction is completed and cannot be reversed once the transaction appears on an external blockchain network. Upon signing the relevant transfer, LimeWire no longer has any influence on the transaction and on whether or not, you or any third party have access to such transferred LW-NFT. The transfer can only be completed by a confirmation by the relevant network and LimeWire assumes no liability whatsoever that such confirmation is given.

3. Wallet addresses outside of LimeWire Systems. You are solely responsible to provide the correct, accurate and up to date wallet address outside of a LimeWire System for External Transfers.
4. Wallet addresses when transferring LW-NFT to LimeWire Systems. LimeWire can activate or deactivate the functionality of transferring LW-NFT to LimeWire Systems. Your Wallet(s) are not directly connected to the respective Blockchains or networks of the LW-NFTs held by you and you therefore do not have an own or private address ("address" in this point means a wallet address, the public key or a similar mapping associated with a wallet outside the LimeWire Systems in relation to a Blockchain or an NFT) to which you or a third party can directly send LW-NFTs from outside LimeWire Systems. In order to, nevertheless, enable the (indirect) transfer of LW-NFTs from outside LimeWire Systems to your Wallet, LimeWire Systems allow the transfer of the LW-NFTs to an address of LimeWire, whereupon this LW-NFT will be credited to your Wallet.

13. Airdrops

1. For any airdrop of LW-NFTs by LimeWire itself ("NFT Airdrop") LimeWire automatically books the respective LW-NFT to the respective LW-Client Account.
2. LimeWire can introduce NFT-Airdrops from time to time for selected or all LW-Clients at its sole discretion. Any NFT Airdrop is to be considered a gift from LimeWire to the LW-Client. Any NFT Airdrop can be terminated or discontinued at any time and you do not have any right or claim against LimeWire to receive any new or further NFT Airdrops in the future.

14. Client Default, Reminder Fees

1. You are in default (each a "Client Default") whenever you do not pay any amount owed to LimeWire when due (for example when a collection via SEPA Direct Debit mandate cannot be fulfilled, a debit card chargeback or credit card chargeback occurs, or any fees cannot be collected at due date)
2. Reminder fees: In the event of a Client Default for which the LW-Client is at fault, LimeWire may charge reminder fees in a reasonable relation to the amount in delay, as far as such fees are necessary to cover adequate costs of LimeWire to administer such Client Default and enforce LimeWire's rights. At least EUR 5.00 and up to a maximum of EUR 15.00 in reminder fees will be charged. This minimum fee provision shall not apply if the LW-Client proves that no damage has occurred and therefore no or lower administration costs or costs for the enforcement of LimeWire's rights have been incurred.

15. Copyright Policy

1. General purpose and aim. LimeWire strives to prevent, track and eliminate any infringement of copyrights occurring on all public LimeWire Systems or in connection with any LimeWire System. LimeWire will do what is reasonably possible to achieve this goal but LimeWire makes no guarantee to take any specific action or towards any success of the actions taken.
2. Preventive measures. LimeWire will take reasonable preventive measures against copyright infringements. A LimeWire Client will support LimeWire in any reasonable way to ensure the unavailability of certain copyrighted works on any LimeWire System. LimeWire neither guarantees to take any specific technical or legal measures nor guarantees the success of any actions taken.
3. Reactive measures. LimeWire implemented a takedown mechanism in order to protect copyrights on any LimeWire System.

16. Infringement of rights | Takedown mechanism

1. Takedown. LimeWire will promptly respond to clear notices of alleged copyright infringements. To properly submit a notification to LimeWire please click the provided link and follow the steps explained therein https://limewire.zendesk.com/hc/en-us/requests/new?ticket_form_id=5452471632157
2. Right of LimeWire to remove content. LimeWire reserves the right to remove content and take whatever action it deems reasonably appropriate in relation to this content, if LimeWire receives a properly submitted notification or takes notice itself of a potential (claimed) intellectual property right infringement, any violation of morality or any other violation of the LimeWire GTC.
3. No unethical and/or illegal content | Possibility to deny hosting and possibility to remove inappropriate content. It is strictly forbidden to upload, share, post, or in any other way distribute unethical and/or illegal content via LimeWire Systems. LimeWire reserves the right to deny the hosting of content, if LimeWire reasonably believes that this content on its own or in connection with other/further information or content is violent, sexually suggestive, discriminatory, unlawful, infringing, hateful, pornographic or in any other way might be inappropriate for an audience. In these cases LimeWire is entitled to remove content from LimeWire Systems without any prior notice to the LW-Client.

17. Risks

Using LimeWire Systems and the assets offered on LimeWire Systems bears risks which each in the worst case may lead to the total loss of your investment. These risks are in particular, but not limited to the following:

4. Risk of software weaknesses: The technology of LW-NFTs (as well as NFTs in general) and the underlying software applications and software platforms such as the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven and out of LimeWire's control or influence. There is no guarantee or warranty that the process for receipt, use and ownership of any cryptographic blockchain-based digital information units will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs, causing, inter alia, the complete loss of any cryptographic blockchain-based digital information units, in particular but not limited to NFT, token, Euros or any value of any cryptographic blockchain-based digital information units even if the software and systems deployed and under the control of LimeWire function correctly. LimeWire uses and displays customary security certificates issued by third parties (certificate authorities) that are widely regarded as a security enhancing feature but ultimately cannot guarantee that the security certificates displayed on any LimeWire System are valid or correct.
5. Regulatory and legal risk: It is possible that statutory or regulatory changes have material effects on the current setup of the LimeWire Systems which may, inter alia, result in substantial modifications to the/any cryptographic blockchain-based digital information units. LimeWire is committed to design, modify and/or adapt the LimeWire System in such a way that it complies with all applicable laws and regulations while at the same time retaining the flexibility for LW-Clients but cannot guarantee that certain regulatory or legal changes may result in the limitation or termination of certain services on LimeWire Systems.
6. Risk of abandonment/lack of success: The allocation of any cryptographic blockchain-based digital information units and the development of such cryptographic blockchain-based digital information units technologies might be abandoned for a number of reasons, including lack of interest from industry, community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects) which are out of LimeWire's influence. LimeWire does not make any representation as to the current and future functionality, adoption or commercial success of any LW-NFTs offered or stored on or transferred with LimeWire Systems.
7. Risk of theft and internet vulnerability: The underlying software application and software platform, the LimeWire System technology, the smart contract system(s), other involved software, other technology components and/or platforms may be exposed to electronic or physical attacks that could result in the irreversible theft or loss of LW-NFTs or the theft or loss of (private) data, impacting the ability to develop, launch or use LimeWire System technology.
8. Risk of weak and loss of credentials: The password you chose when registering a LW-Client Account (as amended from time to time) may be subject to attacks (such as brute-force or dictionary attacks), even if it is unique and only known to you. LimeWire recommends that you always choose a strong and unique password (not used in any other service) and that you use the 2FA. While stronger passwords are statistically (far) less likely to be successfully retrieved by an attacker, no password is fully safe.
9. Risk of phishing and/or social engineering: SMS and e-mail services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from LimeWire. You should always log into your LW-Client Account through https://limewire.com/auth to review any required actions if you have any uncertainty regarding the authenticity of any communication or notice. Phishing attacks often occur despite SMS or e-mail or equivalent services, via search engines or ads in search engines, or other fraudulent links. While we strongly recommend participating in the 2FA, the 2FA cannot prevent successful phishing and/or social engineering attacks if your credentials including the 2F are disclosed in such an attack.
10. Risk of blockchain mining attacks: As with any other public blockchain-based systems, the LW-NFTs available on LimeWire System may be susceptible to attacks including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks or any other mining or non-mining related attacks which are out of LimeWire's influence and control. Any successful attack presents a risk to the LimeWire System technology, expected proper execution and sequencing of cryptographic blockchain-based digital information units transactions and expected proper execution and sequencing of software computations.
11. General risk: Certain risks associated with the services available on LimeWire Systems may not yet be known or new risks may arise in the future due to the rapid development in the sector.
12. Market and community risk: There is a risk of soft and hard forks of blockchain based technologies and splitting including the broad possible changes to LimeWire System technology which might be imposed by the market or community on LimeWire/ LimeWire System technology. Market and community risk may also be triggered and accelerated via communities that come together.
13. No deposit-guarantee schemes. LimeWire is neither a credit institution nor does it accept or manage deposits (Einlagen). Your assets deposited with LimeWire are thus not secured or guaranteed by any deposit-guarantee schemes.
14. Availability of LimeWire Systems. Technology-based systems like LimeWire Systems need (planned and unplanned) maintenance work and development work and that for such work interruptions of the systems (planned and unplanned) are necessary and system immanent. During the period of such interruption, the use of the LimeWire Systems may be restricted or not possible and therefore the purchase, sale or transfer of assets may also be temporarily impossible.
    Planned maintenance work, updates or upgrades that not only temporarily restrict the functioning of LimeWire Systems or cause it to fail will be communicated to the LimeWire Client in a suitable manner (for example, by email) in a reasonable amount of time in advance. Such maintenance work will be completed as soon as possible, but at least within two weeks.
    Unplanned maintenance work that is necessary due to technical defects or force majeure will be carried out as soon as possible.  

18. Limitation of liability

1. LW-Consumer Clients: LimeWire shall only be liable for any damage incurred by a LW-Consumer Client for itself and its vicarious agents (Erfüllungsgehilfen) - regardless of the legal reason including tort - if LimeWire or its vicarious agents have culpably violated an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is due to gross negligence (grobe Fahrlässigkeit) or intent (Vorsatz) of LimeWire or its vicarious agents. If the culpable violation of an essential contractual obligation (cardinal obligation) is only slightly negligent, the liability of LimeWire is limited to such typical damage that was reasonably foreseeable for LimeWire at the time of the conclusion of the contract. This limitation of liability also applies to the extent of damage. In the aforementioned cases, the liability for a financial loss is limited to EUR 5,000. The aforementioned limitations of liability do not apply in the absence of warranted characteristics, a liability of LimeWire according to the Product Liability Act (Produkthaftungsgesetz) or in cases of physical damage to persons (Personenschaden).
2. LW-Business Clients: LimeWire shall not be liable for any damage or loss incurred by a LW-Business Client in connection with LimeWire Systems and/or the products and services offered thereon unless such damage was caused by LimeWire with intent (Vorsatz), gross negligence (grobe Fahrlässigkeit) or in cases of physical damage to persons (Personenschaden).
3. Third-Party Services: When using websites or services not provided by LimeWire, such as wallet services, artificial intelligence (AI) programs, or any other services of any third parties (“Third Party Services”), LimeWire shall expressly not be liable for the content, availability or performance of any Third-Party Services and shall not be liable for any damage or loss incurred by a LW-Client or any third party when using any such Third-Party Services. The LW-Client uses these services completely at their own risk. Funds sent to such third parties cannot be reverted, if these parties are not willing to. We cannot and will not check the reliability of these third parties or any of their services. We assume no obligation to contact you or provide support to you in case of a problem with any third party or any of their services.

19. Data Protection

1. The processing of your personal data is carried out in strict compliance with the applicable data protection regulations. You can find more information on this in our data protection declaration under https://limewire.com/privacy.

20. Miscellaneous

1. No waiver of rights. The failure of LimeWire to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under these LimeWire GTC shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect LimeWire's right to enforce or exercise it later, provided that such right is not time barred, expired or precluded.
2. The LimeWire GTC shall continue to apply even after termination of the business relationship until complete settlement.
3. The place of performance is Vienna, Austria.
4. Contractual language. The LimeWire GTC are made and published in various languages. In case of a dispute or any discrepancies, the English language version of the LimeWire GTC shall prevail.
5. Dispute resolution. If you need to address any issues or concerns in connection to LimeWire Systems or LimeWire as such, you can do so by contacting [email protected]. Both parties, you and LimeWire respectively, agree to undertake reasonable efforts to settle any dispute, claim, question or disagreement primary and directly through consultation and good faith negation before any party takes further legal measures.

21. Governing Law

1. The LimeWire GTC and any business relationship hereunder shall be governed by and construed in accordance with the laws of the Republic of Austria excluding the provisions of the United Nations Convention on the International Sale of Goods and excluding the conflict of law rules of Austrian private international law.
2. For LW-Consumer Clients, this only applies insofar as the law of their country of residence does not grant them a more favourable legal position vis-à-vis LimeWire in the individual case.

22. Place of jurisdiction

1. Any and all contractual and non-contractual disputes, divergences or claims between LimeWire and a LW-Business Client shall be exclusively dealt with the court having pertinent competence for 1010 Vienna.

Special Provisions for LimeWire File Sharing and LimeWire AI Features

23. General Terms regarding LimeWire File Sharing and LimeWire AI Functions

1. “Subscription” means a LW-End-Customer’s subscription to the LimeWire paid Subscription plans. Such a subscription includes that every LW-End-Customer who has a Subscription (Subscriber) gets access to certain Subscription Benefits (e.g., higher usage limits, AI features) within the LimeWire Systems.
2. “Subscriber Payments” means all payments a Subscriber pays to LimeWire to start and uphold a Subscription.

24. Payment Terms for LW-Client

1. Certain functionalities and usage limits of the LimeWire Systems are paid and require a paid Subscription. To be able to access such functionalities you must make available a valid payment method, select your preferred payment method and then click the 'Upgrade Now' button on the relevant Subscription Page of your LW-Client Account. Such valid payment method is either your added credit card or the Voucher Wallet.
2. Payment service provider. For any payments in a currency that is a legal tender or a regulated crypto currency, a payment service provider or another properly licensed service provider is being used.
3. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
4. If you choose to provide details of two or more payment cards, then if you try to make a payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full payment. The same applies if you use a Voucher for the payment and the Voucher balance is not sufficient for the payment.
5. The payment provider will take periodic payments from your payment card for Subscriber Payments or – according to your chosen payment preference – Vouchers will be used for periodic payments. You authorize and consent to each of these payments being debited using your supplied payment card details.
6. If you cancel a Subscription you will continue to be permitted to get the Subscription Benefits until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card (unless you choose to pay for a new Subscription), and you will no longer be able to get the Subscription Benefits.
7. You agree that you will not make unjustified requests for a refund in respect of any Subscriber Transaction, or unjustified chargeback requests of your payment card provider in relation to any Subscriber Transaction. If any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your LW-Client Account.
8. Suspension of your LW-Client Account: If we suspend your LW-Client Account rightfully, then any payment which would otherwise have fallen due during the period of suspension of your LW-Client Account will be suspended during the period of the suspension of your LW-Client Account.

25. Term of Subscription

1. Free-trial Subscriptions are concluded for an indefinite time.
2. Apart from free-trial Subscriptions, all Subscriptions are concluded for the relevant subscription period and will automatically renew at the end of the relevant subscription period, except if your payment card is declined or the subscription price for the Subscription has increased. This means that if you want to stop subscribing and paying continuing subscription charges.

26. Cancellation of Subscription

1. If you want to cancel your Subscription, then you may do so in the 'Subscription' section of your LW-Client Account.

27. LimeWire File Sharing

1. General Description. LimeWire File Sharing is a service that allows LW-Clients to share files through the LimeWire Systems. LW-Clients can upload files and generate shareable links for recipients to access.

2. File Sharing Options. LW-Clients can choose from the following file-sharing options:

1. LimeWire Basic: LW-Clients can upload files to the LimeWire Systems and receive a shareable link. Files are subject to upload limits and automatic deletion policies as determined by LimeWire. These limits and policies are communicated and displayed in the LimeWire Systems interface.
2. LimeWire Pro and Pro+: LW-Clients with a paid or free trial Subscription can benefit from increased upload limits and extended storage periods as defined by LimeWire. These limits and policies are communicated and displayed in the LimeWire Systems interface.

3. File Modification and Permissions

1. LW-Clients may rename, edit, or replace uploaded files.
2. When sharing files, LW-Clients may grant recipients either:

1. Edit access: Recipients can delete, add, and modify files within the shared link.
2. View & download only: Recipients can only preview and download files.

4. Security and Encryption

1. File transfers are encrypted.
2. LimeWire recommends that LW-Clients enable two-factor authentication (2FA) when using an account-based sharing method.

5. Legal and Compliance

1. LW-Clients must ensure that uploaded files comply with copyright, data protection, and prohibited content laws.
2. LimeWire reserves the right to remove content that violates any applicable legal frameworks.
3. LimeWire is not liable for the content uploaded by LW-Clients.

6. Age Restriction

1. LimeWire services are only available to LW-Clients who are at least 18 years old. By using LimeWire, LW-Clients confirm that they meet this age requirement.
   

7. Content Restrictions

1. LW-Clients must ensure that the content they upload and share via LimeWire does not:

1. Violate copyright laws or intellectual property rights.
2. Contain hate speech, threats, or harassment.
3. Distribute fraudulent, deceptive, or malicious content, such as phishing attempts, malware, or scams.
4. Promote illegal activities such as drug trade, human trafficking, or terrorism.
5. Contain violent, sexually explicit, or offensive material.
6. Mislead others through manipulated media or deceptive AI-generated content.
7. Encourage self-harm, violence, or extremist ideologies.

2. LimeWire reserves the right to remove any content that violates these guidelines and may take further action, including suspending or terminating accounts involved in repeated or severe violations.

8. Third-Party Services

1. LimeWire may integrate with third-party services for certain features and functionalities. LW-Clients acknowledge that when interacting with these services, the terms and policies of those third parties may also apply.
2. LimeWire does not control third-party services and is not responsible for their actions, content, or data practices.
   

28. LimeWire AI Features

9. General Description

1. LimeWire provides AI-powered tools that allow LW-clients to create and manipulate content within the LimeWire Systems. These AI functionalities include, but are not limited to, content generation, image processing, and file enhancement. LimeWire AI Features are either provided directly by LimeWire or as Third Party Services.

10. Access and Payment

1. Most AI features require payment and can be accessed through:

1. Vouchers purchased via the LimeWire Systems.
2. LimeWire Pro or LimeWire Pro+ subscriptions, which provide access to premium AI tools.

11. Storage and Deletion Policies

1. AI-generated files follow the same storage limits and deletion policies as manually uploaded files.
2. LW-Clients are responsible for compliance with copyright laws when using AI-generated content.

12. Limitations and Liability

1. AI-generated content is provided as-is, and LimeWire does not guarantee the accuracy, originality, or legality of the output.
2. LimeWire is not responsible for any misuse or copyright infringement resulting from AI-generated files.
3. LimeWire is not liable for AI Features that are provided as Third Party Services.
   

13. Prohibited Uses

1. LW-Clients are prohibited from using LimeWire AI Features to generate or manipulate content that:

1. Violates copyright laws
2. Promotes illegal or unethical activities
3. Contains violent, hateful, or pornographic material

2. LimeWire reserves the right to suspend or terminate accounts found to be in violation of these policies.

Annex I

Definitions

In the LimeWire GTC, the following terms have the meanings specified or referred to in the following overview and shall be equally applicable to both the singular and plural forms.