Additional Terms of Use for Ordinal Inscription Creators

Last Updated: February 2023

1. Terms of Use

These Additional Terms of Use for Ordinal Inscription Creators ("Ordinal Inscription 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 Ordinals Create Portal (our tools for creators located at https://gamma.io and/or https://create.gamma.io) (collectively, the "Portal"), including creating inscriptions using file uploads or text-based submissions, are considered part of the Service and are therefore subject to the Terms of Use. Capitalized terms used in these Ordinal Inscription Creator Terms have the meanings set forth in the Terms of Use unless otherwise defined in these Ordinal Inscription Creator Terms.

2. Controlling Terms

Wherever possible, these Ordinal Inscription 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 Ordinal Inscription Creator Terms shall control.

3. Ordinals and Inscriptions

Ordinals and inscriptions are mechanisms by which satoshis, units of bitcoin, are identified, tracked, and inscribed with information on the Bitcoin blockchain. The process of inscription inscribes unique information associated with a satoshi that differentiates it from other satoshis. After inscription, a satoshi could then be considered non-fungible with other satoshis. This Portal helps you create custom ordinal inscriptions. That said, because ordinal inscriptions 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 an ordinal inscription by you through the Portal is considered a User Contribution.

4. Ordinal Inscription Creation Commission

4.1. Ordinal Inscriptions

Gamma provides you with assistance in creating your own ordinal inscription. In return, the transaction fee you are charged will include a flat fee of 21,000 satoshis (0.00021 BTC) plus an additional 10% commission service fee that is approximated based on the transaction fee in sats/vByte you select when creating your ordinal inscription. The additional percentage-based component of the commission is an approximation and may exceed this percentage based on our calculation methodology or due to rounding. This commission is paid only the first time an ordinal inscription is created, and is not charged on secondary sales. Due to the nature of this process, this commission cannot be edited or removed after you submit payment to Gamma. For ordinal inscription collections, outlined in 4.2, we take only the flat fee of 21,000 satoshis (0.00021 BTC) from inscription buyers.

4.2. Ordinal Inscription Collections

As a creator of a collection of ordinal inscriptions, anyone can create an inscription using your source files and a hosted mint page on Gamma, subject to Gamma’s initial and ongoing approval. For such collections, Gamma charges a 10% commission on the mint price you charge to your inscription buyers. You, as the creator of the inscription source files, do not pay anything directly to us, as it is your inscription 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.

5. Network Fee

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 ordinal inscriptions. We've created a Help Center specifically for creators deploying an ordinal inscription for the first time. If you do not follow these instructions as required, your ordinal inscription may be deployed in a manner that is unintended, and the ordinal inscription will be uneditable and therefore can never be used. The Help Center is a guide; it is not a guaranty that the ordinal inscription will be defined and deployed by you correctly. Ultimately, the creation of the ordinal inscription is your responsibility, and we will have no responsibility for its creation.

7. You Own Your Ordinal Inscription

You are the sole owner of your ordinal inscription and solely responsible for the legitimacy, authenticity, display, deployment, promotion, support, and any liability associated with your ordinal inscription. You attest that you are the sole owner of any artwork or intellectual property used in connection with your ordinal inscription and attest that your ordinal inscription does not violate any other entity's or persons' copyright or any other rights. Our system briefly maintains administrative control over your ordinal inscription at the time of creation, but it is immediately transferred to you. We are not responsible for technical issues that arise while under our administrative control.

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. Compatible Bitcoin Address and Wallet

Ordinal inscriptions are a new technology and only compatible with certain specialized Bitcoin addresses and wallet software. It is your responsibility to research a compatible address format and wallet that is supported for this purpose. It is possible there could be no publicly available software offerings to view, manage, and transfer your ordinal inscription. After creating your ordinal inscription, Gamma will transfer the inscribed satoshi’s UTXO to the address you used to pay for the transaction, or to the “Ordinal recipient address” if one is provided when using the Portal. If you pay with or provide an incompatible address, if you do not have access to compatible wallet software, or if you lose access to the address’s private key, it is highly likely that you will never be able to trade or transfer this UTXO containing your ordinal inscription. We recommend using a new address for each ordinal inscription to increase the likelihood for forward compatibility, but this should be considered a guide and not a guarantee. Gamma does not guarantee your ability to trade or transfer your UTXO once it is transferred to you.

10. Refunds

Gamma cannot and does not offer refunds once your ordinal inscription transaction has been broadcast to the Bitcoin network, an automated process that occurs immediately after receiving payment. If the automated process fails or is interrupted and your transaction is never broadcast to the network and Gamma remains in possession of your entire payment amount, you may request a refund by emailing [email protected]. If we can independently verify that we remain in possession of your entire payment amount, we will issue a refund, less network fees, to the original payment address. We do not issue refunds to any other address or for any other reason.

11. Other Notices

No Endorsement. Ordinal inscriptions deployed using the Portal are not owned by, nor affiliated in any way, with Gamma. While we automatically collect a service fee associated with the ordinal inscriptions deployed using our Portal, this in no way serves to acknowledge or endorse any given collection. This is an unmonitored, unmodifiable ordinal inscription template that we do not have control over following deployment. No Guaranty. Using our Portal does not guarantee your collection will be visible for viewing or listed for secondary sales on our marketplace. We simply offer this tool to help you with the creation of an ordinal inscription. Content Moderation. We use automated systems including third-party tools to filter out content containing nudity, violent and visually disturbing images, and hateful or extreme content. We reserve the right to change which content is filtered at any time without notice. If our automated systems detect such content, we will not allow you to create it as an ordinal inscription. You agree not to attempt to circumvent or reverse engineer these systems to create such content or for any other purpose. Users are forbidden from using our service to create ordinal inscriptions including such content, or any illegal content of any kind, even if they are not detected by our automated systems. Once an ordinal inscription is created on the blockchain, we are no longer able to moderate or censor its material. Removal and Control. We reserve the right to remove ordinal inscriptions from view or prevent ordinal inscriptions 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 ordinal inscription on other websites, such as your own or any other marketplace.