Additional Terms of Use for Creators

    Last Updated: July 2022

    1. Terms of Use

    These Additional Terms of Use for Creators ("Creator Terms"), set forth by Gamma.io Inc., a Delaware corporation ("Gamma", "we", "us", or "our"), are in addition to our general Terms of Use ("Terms of Use"). Pursuant to Section 2 of the Terms of Use, the use of the Create Portal (our tools for creators located at https://gamma.io and/or https://create.gamma.io) (collectively, the "Portal"), including creating smart contracts and deploying your NFT collection, are considered part of the Service and are therefore subject to the Terms of Use. Capitalized terms used in these Creator Terms have the meanings set forth in the Terms of Use unless otherwise defined in these Creator Terms.

    2. Controlling Terms

    Wherever possible, these Creator Terms shall be considered in addition to the Terms of Use, and not in lieu of the same unless there is a direct contradiction, in which case these Creator Terms shall control.

    3. Smart Contracts

    Smart contracts are a mechanism by which NFT collections are managed, minted, and traded on Stacks. This Portal helps you deploy a custom smart contract for your collection. That said, because smart contracts are deployed to a blockchain, there are many ways in which they may never be changed. They also may never be deleted. The creation of a smart contract by you through the Portal is considered a User Contribution.

    4. Minting Commission

    Gamma provides you with assistance in creating your own smart contract. In return, the smart contract will include a 10% commission that is paid to us each time one of your NFTs is minted. This commission is paid only the first time an NFT is minted, and is not charged on secondary sales. You, as the creator of the NFT, do not pay anything directly to us, as it is your NFT buyers who pay the mint price that is then payable as follows: 10% to us and 90% to you, the creator or artist wallet address. Due to the nature of the smart contract you will deploy in connection with your NFT, this commission trait cannot be edited or removed after the smart contract is created.

    5. Network Fee

    We do not charge any flat fee for using our Portal, but the network requires a network fee in order to process and confirm your transaction. This requires a payment to the network when submitting your transaction. Gamma does not take any portion of this fee and it is possible that you will lose this fee if your transaction fails for any reason. Neither Gamma nor the network will refund any portion of such fees.

    6. Help Center

    There are some specific formats and requirements required when defining and deploying your smart contract. We've created a Help Center specifically for creators deploying a smart contract for the first time. If you do not follow these instructions as required, your smart contract may be deployed in a manner that is unintended, and it is highly likely that the contract will be uneditable and therefore can never be used. The Help Center is a guide; it is not a guaranty that the smart contract will be defined and deployed by you correctly. Ultimately, the terms of the smart contract are your responsibility, and we will have no responsibility for the terms of your smart contract.

    7. You Own Your Smart Contract

    You are the sole owner of your smart contract and solely responsible for the legitimacy, authenticity, display, deployment, promotion, support, and any liability associated with your smart contract and its NFTs. You attest that you are the sole owner of any artwork or intellectual property used in connection with your smart contract and attest that your smart contract does not violate any other entity's or persons' copyright or any other rights.

    8. Ownership and License

    Any User Contribution you post to the Site or through the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or through the Service, you grant Gamma and its licensee, successors, and assigns a worldwide, non-exclusive, sublicensable, royalty-free limited license to use, display, distribute, and otherwise disclose to any third party any such User Contribution you submit or post on or through the Service for the limited purposes of providing, promoting, and improving the Service and as authorized in your user account settings, if any. You still retain the ownership and remain the copyright holder of such User Contributions.

    9. Other Notices

    No Endorsement. Collections deployed using the Portal are not owned by, nor affiliated in any way, with Gamma. While we automatically collect 10% of mint revenues via the smart contracts deployed using our Portal, this in no way serves to acknowledge or endorse any given collection. This is an unmonitored, unmodifiable smart contract template that we do not have control over following deployment.

    No Guaranty. Using our Portal does not guarantee your collection will be listed for mint or secondary sales on our marketplace. We simply offer this tool to help you with the creation of a tested and secure smart contract for your collection. After submission, we will review your details once again, and assuming it continues to meet all requirements, we will then follow-up with your mint page details.

    Removal and Control. We reserve the right to remove collection mint pages, or prevent collections from appearing on our main marketplace for any or no reason if they are found to violate our standards or infringe upon any other person or entity's copyright or any law.

    Other Marketplaces. Gamma will not, and has no ability to, prevent your continued use of your smart contract on other websites, such as your own or any other marketplace.