Illuvium Terms & Conditions

Introduction

Welcome to the Illuvium website (www.illuvium.io), owned and operated by Illuvium Labs Pty Ltd ACN 651 740 537 in respect of the Illuvium DAO (“Illuvium”, “ we”, “ us” or “ our”).

These Terms and Conditions together with any documents they expressly incorporate by reference (collectively Terms), govern your (“you”, the “user”, “your”) access to and use of the Illuvium website and subdomains, content and functionality offered through them, including without limitation your participation in ILV Staking, the Sale or Auction of Illuvium NFTs (each defined below), our services both online and offline (including but not limited to downloading and accessing our games, participating in Illuvium marketing and other IRL and online events, giveaways and promotions), and any other software provided or in connection with those services (collectively, the Services).

General Terms are immediately below.

NFTs - Ownership, Sales & Auction Rules are at [Annexure 1] of these Terms.

ILV & Staking Terms are at [Annexure 2] of these Terms.

Information about Risks is set out at [Annexure 3] of these Terms.

Jurisdiction & Product Specific Terms are set out at [Annexure 4] of these Terms.

Further specific terms may apply to the Services (or any part of them) in which case those terms will be available on the Illuvium website (Specific Terms) and become part of your agreement with us if you use our Services. As our services expand, we will need to provide additional terms to cover the expanded service offering (Additional Terms). Any Additional Terms which are available with the relevant services become part of your agreement with us if you use those services. These Terms comprise the entire agreement between Illuvium and you (“You”, “your” or “User”) in relation to use of the Services and create a binding legal arrangement between you and Illuvium. By using the Services, you accept and agree to be bound and abide by these Terms.These terms require the use of arbitration on an individual basis to resolve disputes rather than jury trials or class actions. If you do not want to agree to these Terms you must not access the Services. The Services are offered and available to users who are eighteen (18) years of age or older. By using Services you represent and warrant that you are at least the higher of legal age to form a binding contract with us in the country or state in which you have your habitual residence or eighteen (18) years of age, and you meet all of the foregoing eligibility requirements. You represent and warrant you are not accessing the Services from Burma (Myanmar), Cuba, Iran, Sudan, Syria, the Western Balkans, Belarus, Côte d’Ivoire, Democratic Republic of the Congo, Iraq, Lebanon, Liberia, Libya, North Korea, Russia, certain sanctioned areas of Ukraine, Somalia, Venezuela, Yemen, or Zimbabwe (collectively Prohibited Jurisdictions), nor any other specifically designated OFAC jurisdiction. By using the Services, you represent and warrant that you are not a citizen or resident of, nor are you located in, any country where the use of the Services is illegal or impermissible, whether by rule, statute, regulation, bylaw, court adjudication or order, protocol, administrative statement, code, decree, or other directive, requirement or guideline, whether applicable on us, the Services or on you the User (or any combination of the foregoing) by an authority with valid and enforceable jurisdiction (Applicable Laws). If you do not meet all of these requirements, you must not access the Services.

Important warning

The information in this document is of a general nature and does not take into account your objectives, financial situation or particular needs. You should obtain your own independent advice and consider the appropriateness of ILV, sILV2, NFTs (comprising in-game tradable NFTs including but not limited to Fuel, Illuvials, Illuvitars & Shards) (the Illuvium Tokens) having regard to your objectives, financial situation and needs. It is important that you read this entire document before participating in a NFT sale or auction (herein referred to as a ‘Sale’ or ‘Auction’). In particular, you should consider the risk factors that could affect a Sale or Auction or the holding off Illuvium Tokens. The significant risk factors are summarised below in the section below entitled “Risks”. Illuvium, and any persons associated with Illuvium including the Illuvium Council, contributors and service providers deny liability for any loss or damage suffered by you or any person participating in a Sale or Auction of Illuvium Tokens to the maximum extent permitted by law. To the extent that any statement in these Terms is inconsistent with statements made on the Illuvium Website, Discord, Medium, Twitter or any other channel, the statements in these Terms prevail. You are solely responsible for complying with all Applicable Laws related to your transactions and activities that directly or indirectly impact our provision of the Services including but not limited to the commodity and securities laws and regulations. At the date of publication of these Terms and to the best of Illuvium’s knowledge, none of the Illuvium Tokens are registered or categorised as securities or other financial products in any jurisdiction. As a result of this, none of the consumer protections associated with securities regulation apply to the Illuvium DAO, Illuvium Council, contributors and service providers in respect of the Illuvium Tokens or any activity such as a Sale or Auction of Illuvium Tokens.You acknowledge and understand that Illuvium is not registered nor licensed with, nor has our Services (or any component thereof) been reviewed or evaluated by the CFTC, SEC or any other financial or banking regulator of any jurisdiction. Illuvium is not a registered digital currency exchange provider and does not provide services that attract obligations under Anti-Money Laundering and Counter-Terrorist Financing laws. Accordingly, it is not regulated by any anti money laundering regulator in another country.There are numerous risks associated with participating in a Sale or Auction for Illuvium Tokens, a summary of key risks known to us are set out below in a section entitled “Risks” which you should read carefully.

About Illuvium

Illuvium Games is an ecosystem and series of AAA-rated interoperable blockchain-based games running on the Ethereum blockchain and developed and governed by the Illuvium DAO.

Illuvium Games comprise separate but interrelated games, including but not limited to Illuvium Zero, Illuvium Overworld,Illuvium Arena and Illuvium Beyond, details of which may be found on Illuvium’s website, Medium or published separately as an annexure to this agreement (Illuvium Games).

Illuvium NFTs (NFTs) are a key feature of the Illuvium Games and may be applied within and across the Illuvium Games. NFTs are either earned through gameplay or purchased via the IlluviDex, except Land NFTs and Illuvitars, which are sold at first instance by Auction and in Packs respectively.

Changes to Terms

Illuvium reserves the right to change or modify these Terms at any time and at our sole discretion (which includes as instructed by the prevailing model of Illuvium DAO governance). If we decide to make changes to these Terms, we will provide notice of such changes, such as by providing notice via the Illuvium website or updating the “Last Updated” date at the top of these Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review our Terms periodically to ensure that you understand them. Your use of the Illuvium website, and any use of the Services through it, are subject to these Terms and all applicable laws.

Minors

Minors If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to: A) exercise supervision over the Minor's use of our website; B) assume all risks associated with the Minor's use of our website, including the transmission of content or information to and from third parties via the Internet; C) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor; D) assume liabilities resulting from the Minor's use of our website; E) ensure the accuracy and truthfulness of all information submitted by the Minor; and F) provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

Your Data Relationship with Illuvium

Collection on registration: When you register your interest to receive news about Illuvium and upcoming Sales or Auctions by providing your name, email address and country of residence, we require your email address in order to provide you with news about Illuvium, upcoming Sales or Auctions and for purposes otherwise set out in our Privacy Policy athttps://illuvium.io/privacy-policy.

Auctions - Collection on connecting MetaMask wallet and submitting a Bid: When you connect your MetaMask wallet to the Illuvium website, you will be prompted to create an IMX wallet and connect the Immutable X wallet to the Illuvium website. We collect the IP address from the device you use, your Ethereum public address and your Immutable X public address. When you submit a Bid in an Auction, we also store the amount of the Bid associated with your IP address, your Ethereum public address and your Immutable X public address.

Collection on enquiries, reports and feedback: You may choose to make enquiries, report suspicious market activity or submit comments, bug reports, ideas, or other feedback about the Illuvium website and our Services, including without limitation about how to improve the Illuvium website (collectively, Feedback). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license and all rights necessary for us to incorporate and use your Feedback for any purpose.

Disclosure: We may disclose the collected information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. Our Privacy Policy explains how we manage our data relationship with you...By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

Registration:You may register your interest to receive news about Illuvium and upcoming Sales or Auctions but this does not mean you have created an account with us. When you register, you will provide us with your email address. We will handle your email address and any other personal information we collect as a result of email correspondence with you in accordance with our Privacy Policy.

Content

While we use all reasonable attempts to ensure the accuracy and completeness of the information within and across our Services including on our website, to the extent permitted by law, including applicable consumer law a, we make no warranty regarding the information on our Services, including our website. You should monitor any changes to the information contained on or about our Services wherever we have published it. . We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our Services or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to our Services, including our website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website or all of our Services updated. We are not liable to you or anyone else if errors occur in the information within or about our Services or on the website or if that information is not up-to-date.

No commercial use: This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Third party sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

Intellectual property rights

Unless otherwise indicated, we own, have the right to use and/or license from contributors or third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property and proprietary rights) in the Services (or a part of the services, such as Illuvium Games, our website or Illuvium Tokens, which are available through the website) whether those rights are registered or unregistered in any jurisdiction, and in all of the material (including all text, graphics, logos, audio, video and software) made available on or through the Services (including the Illuvium Games, Tokens and our software) ,whether those rights are registered or unregistered in any jurisdiction, (Content).

Your use of our Services (or any part of the Services) and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our Services (or any part of the Services) or the Content. However, we do grant you a licence to access the Services, including our website and view the Content on the terms and conditions set out in this agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of our Services (or part of the Services) or the Content without our express permission is prohibited and may result in civil and criminal penalties.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Services (or any part of our Services) , including but not limited to: A) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals; B) the infringement of any third party intellectual property rights through your use of the Services; C) listing NFTs for sale or auction, making bids during an Auction, and acquiring NFTs, for the purpose of concealing economic activity, laundering money, or financing terrorism; D) using the Services to conceal or transfer proceeds or tokens or assets relating to criminal activity or to pay for an Illuvium Token for any other reason than to obtain the Illuvium Token; E) using the Services to defame or libel us, our contributors or other related individuals; F) uploading files that contain viruses that may cause damage to our property or the property of other individuals;G) posting or transmitting to our Services, including but not limited to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security; H) engaging in any attack, hack, denial-of-service attack, interference, or exploit of any of our Services, in particular, any Illuvium smart contract notwithstanding that an operation performed by a person that is technically permitted by a Illuvium smart contract may nevertheless be a violation of our Terms and the law; I) using the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner; J) developing, utilizing, or disseminating any software, or interacting with any API in any manner, that could damage, harm, or impair the Illuvium website, smart contracts or the Services; K) reverse engineering any aspect of the Services, or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service; I) using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality; M) using data collected from our Services to contact individuals, companies, or other persons or entities; N) using data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing); O) bypassing or ignoring instructions that control all automated access to the Services; P) using the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;Q)using the Ethereum blockchain to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum blockchain, or the Services; R) engaging in deceptive or manipulative trading activities; S) placing misleading Bids or Offers at Auctions.

If we allow you to post any information to or on our Services or a component offering of our Services such as on our website, we have the right to take down this information at our sole discretion and without notice.

Liability

To the maximum extent permitted by law and noting in particular any jurisdiction-specific terms in relation to consumer law rights, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to: A) your use of our Services; B) your participation in Sales or Auctions; C) the information or materials contained on or via our Services, including in particular our website (including smart contracts and NFTs), or as a result of the inaccessibility of our Services, including our website and/or the fact that certain information or materials contained on it are incorrect, incomplete, insecure, unstable, unreliable or not up-to-date; D) acts or omissions of any third parties, or your transactions or any other interaction with any such third parties or third-party software; E) any smart contract or related failures, risks, or uncertainties associated with the Ethereum blockchain such as forks, technical node issues, repudiated transactions, migrations and updates or any other issues causing losses; F) user error such as forgotten passwords or seed phrases and your standards of personal security that mean you lose control of your MetaMask wallet and/or the tokens or digital assets displayed therein.

To the extent of any liability that cannot lawfully be limited, Illuvium's liability for damages under these Terms shall in all cases be limited to, and under no circumstances shall exceed, the American Dollar value of proceeds actually received by Illuvium after deducting all costs, fees, and liabilities incurred by or on behalf of Illuvium.

Warranties and representations

Disclaimer: To the maximum extent permitted by law, we make no warranties or representations about our Services or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our Services will be secure.

To the maximum extent permitted by law, Illuvium makes no claim, representations or warranties: A) as to the value, fairness of price or value of use of any NFTs available for Sale by Auction on the Illuvium website or our Services, or subsequently made available for sale on third-party sites; B) of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any NFT, smart contract code, or software; C) about the identity, legitimacy, authenticity or legal rights to acquire ownership, resell, license or otherwise deal with NFTs available through our Services; D) that the Illuvium Services, including website, smart contracts, NFTs (including the delivery of Content which require third party processing and/or intervention), Ethereum blockchain and any third-party software will be available on an uninterrupted, timely, secure, or error-free basis or are or will be free of malicious code or will be accurate, complete or reliable.

Reserved rights: We reserve the right to restrict, suspend or terminate without notice your access to any of our Services, including our website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

We reserve the right, in our sole and absolute discretion, to amend, modify, alter or supplement the smart contracts accessible through the Illuvium website or through which the Services are provided from time to time.

Indemnity

You, the User agree to defend, indemnify, and hold harmless Illuvium, its members, contributors, affiliates, licensors, and service providers and our respective officers, directors, contributors, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (1) your violation of these Terms; (2) your use of the Services, including but not limited to your use of the website and its features which incorporate the Services, the Illuvium NFTs, use of or reliance on the Website’s content, services, and products other than as expressly authorized in these Terms; (3) your use or reliance on of any information obtained from the website; or (4) any other party’s access and use of the Services with your assistance or by using any device or account that you own or control.

Taxation

Overview: Illuvium acknowledges that the tax treatment of token activities can vary depending on your country of tax residence and nature of activities. YIn addition, you are responsible for ensuring you are complaint with the tax laws relevant to your ownership, purchase and trade in Illuvium Tokens and for keeping your own records that are sufficient for you to determine the tax treatment of your activities in relation to the Illuvium ecosystem.

Goods and Services Tax (GST) & Value Added Tax (VAT): Your purchase and sale of Illuvium Tokens may be subject to GST (or VAT, as applicable). All prices quoted in Sales or Auctions are inclusive of any applicable GST, VAT or other equivalent or similar tax. All prices quoted by persons using the Illuvium website for secondary market sales will be responsible for specifying whether the prices are quoted as inclusive or exclusive of any applicable GST, VAT or other equivalent or similar tax as well as any tax obligations applicable to that person such as a requirement to issue a tax invoice to the purchaser and collect information about the purchaser. To the extent that any tax authority considers that GST, VAT or other equivalent or similar tax applies to your purchase and sale of Illuvium Tokens, whether or not on the Illuvium website (or otherwise through our Services or a component thereof), then you are responsible for meeting any amount of GST, VAT or other equivalent or similar tax and any associated penalties or interest for late payment.

General Terms

Jurisdiction and governing law: Your use of our Services and these Terms shall be governed by the UNIDROIT Principles of international Commercial Contracts (2016) (Principals) and with respect to issues not covered by the Principles, by generally accepted principles of international commercial law, failing which the laws in force in the State of New South Wales, Australia shall apply. Any dispute, controversy or claim arising out of, relating to, or in connection with the your use of Services, or in connection with these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be finally resolved by binding arbitration by the London Court of International Arbitration under its Rules of Arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Use do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then its remaining portions will remain in force.

Limitation on Time to File Claims: Any cause of action or claim you may have arising out of or relating to these Terms or your use of the Services must be commenced within one year after the cause of action accrues otherwise such cause of action or claim is permanently barred.

Amendment to Terms & Disputes: Any changes to the dispute resolution provisions in the course of updating these Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website

Priority: In the event of any inconsistency, these Terms must be interpreted in accordance with the following order of priority: the General Terms, then the terms of Annexures, then any other documents or information incorporated by reference to these Terms.

Terms to be interpreted in accordance with clear commercial purposes: These Terms are to be interpreted in accordance with its clear commercial purposes. These Terms are not to be read literally if that would produce a result clearly contrary to those purposes.

Severability:Each provision of these Terms iis individually severable. If a clause or part of a clause of these Terms can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.

ANNEXURE 1 - NFT Ownership, Sales & Auction Rules

Ownership

NFT ownership and licensing: Subject to any Specific Terms, all NFTs purchased by Buyers and Subsequent NFT Buyers are subject to the Illuvium Intellectual Property License (Illuvium License) set out in these Terms.

All Buyers and Subsequent Buyers agree to purchase the NFT subject to the conditions of the Illuvium Licence and any Specific Terms.. Although an NFT is owned by its then-current owner, the artwork linked to the token is licensed pursuant to the Illuvium License and these Terms, and not transferred or sold to such owner. “Own” and “Ownership” mean, with respect to an NFT, an NFT that you rightfully and lawfully acquired from a legitimate source and on chain proof establishes the legitimacy of that transaction. For clarity, Buyers and Subsequent Buyers do not secure any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights associated with the Content of any NFT or other token that can be generated or received by ownership of the NFT, other than the rights afforded to the Buyer and Subsequent Buyers by the limited Illuvium License granted by these Terms. Illuvium and/or any Originators (referred to herein as Licensor) expressly reserve all rights to copyright underlying NFTs sold by Auction or Sale on the Illuvium website, including but not limited to the right to reproduce, communicate to the public, prepare derivative works or adaptations, to perform, and to distribute.

NFT Sales & Auctions:

Illuvium NFTs are made available for sale for the first time through Sales or Auctions. Sales are for a fixed price and Auctions have a price and distribution dynamic specific to the auction style. Tier 1 to 4 Land NFTs have been sold by Dutch Auction. Tier 5 Land NFTs shall be sold by English Auction. Secondary NFT sales occur on the Illuvidex. Purchases at first instance are made using a MetaMask wallet and submit Buyers to exposure of Gas Fees. Upon purchase the NFTs are minted to the Buyer’s connected Immutable X wallet. Subsequent purchases may be made on the Illuvidex. Specific Terms and information about a particular Sale or Auction event are made available before the event.

The Illuvium Beyond Set 1 Wave 1 Sale event details are available here.

Specific Terms and information about Illuvidex transactions are available from here.

Sale & Auction Definitions:

• Auction Price: In a Dutch Auction, the amount of the Starting Price or a Lower Price. In an English Auction, the amount of the highest Bid submitted in an Auction at the Closing Time or at a later time if the Auction Window is extended at our discretion, denominated in sILV2 or ETH and paid by the Successful Bidder in sILV2 or ETH.

• Auction Rules: As set out in these Terms and as modified by any Specific Terms.

• Auction Window: The duration of time between the Opening Time and the Closing Time of an Auction.

• Bid: A Participant’s legally binding, non-revocable offer to Illuvium to purchase an NFT, expressed in sILV2 or ETH.

• Buyer: The person, persons or entity with the lawful ability to sign transactions through their MetaMask wallet that submitted the Successful Bid in an Auction and pays the Auction Price following the Auction, or that pays the Sale Price.

• Closing Time: The time as stated on the Illuvium website, unless shortened or extended at our discretion.

• Dutch Auction: From the Opening Time, each Participant can make a Bid for a specific NFT (of Tier 1-4 Land NFTs) at the Starting Price or a Lower Price in either sILV2 or ETH. The price declines at 2.5% per minute for two (2) hours following the Opening Time.

• English Auction: Each Participant submits a Bid and may submit a subsequent, higher Bid which cancels the Participant’s existing Bid within the Auction Window. Each time a Bid is submitted the Closing Time of the Auction extends by five (5) minutes. Each Successful Bidder receives the NFT that is the subject of their Bid once Illuvium confirms sufficient sILV2 or ETH is available at the Ethereum public address to pay the Auction Price and either the Bid is accepted at the Closing Time or at the discretion of the prevailing model of Illuvium DAO governance.

• Gas Fee: A fee, paid in ETH, for a transaction to be processed on the Ethereum blockchain, which is paid to the Ethereum network and not paid to or determined by Illuvium.

• Land Sale: The maximum supply of Land NFTs is 100,000. It is anticipated that Land NFTs will be sold over multiple rounds of Auction. The parameters for each sale of Land NFTs will be announced and decided in advance by the prevailing model of Illuvium DAO governance.

• Lower Price: The price that each Participant can make a Bid for (i.e. Tier 1 - 4 Land NFTs) and that will decline at a rate of 2.5% per minute for two (2) hours following the Opening Time.

• Opening Time: The time the Auction commences as stated on the Illuvium website, whereby Participants can begin making Bids, unless varied at our discretion.

• Participant: A person or persons with the lawful ability to sign transactions through their MetaMask wallet that they connect to the Illuvium website to submit a Bid in an English Auction or in a Dutch Auction in accordance with these Terms, in particular the Auction Rules, and includes actors seeking to influence the result of the Auction.

• Sale Price: The amount displayed in sILV2 or ETH on the Illuvium website to Bid on an NFT at Auction or purchase it further to a secondary sale.

• Set Price: The amount displayed on the Illuvium website to purchase an NFT that is for Sale (and not Auction) at first instance.

• Starting Prices: The stated starting prices for NFTs made available for sale at Auction.

• Successful Bidder: With respect to an English Auction, a Participant that has submitted the highest Bid at the Closing Time of the Auction or a Bid above the Reserve Price, and that has a sufficient sILV2 or ETH balance available at their Ethereum public address to pay the Auction Price once the Bid is accepted either at the Closing Time.

• Subsequent Buyer: Any person that purchases an NFT from the Buyer further to a secondary sale or acquires from another person that has assumed beneficial ownership of the NFT after the Buyer.

Auction and Sales Rules

Access to Auctions and Sales: You can participate in Auctions and Sales by going to our website and connecting your MetaMask wallet (https://metamask.io/) which requires you to sign the connection transaction.

Bids (i.e., offers to purchase NFTs) can only be made during the Auction Window of an Auction, or period in which a Sale is offered, if you hold sILV2 or ETH at your Ethereum public address.

Bidding: When submitting your Bid, you will be prompted to sign to authorise the Bid but the sILV2 or ETH will remain at your Ethereum public address, no Gas Fee will be incurred and a data record of your Bid amount denominated in sILV2 or ETH as well as your IP address and Ethereum public address will be stored in a secure database controlled by Illuvium.

• In Auctions: Participants can only submit one Bid per English Auction at a time. Participants that have already submitted a Bid in an English Auction may submit a higher Bid in that Auction which will cancel the existing Bid. Participants that do not maintain a sufficient sILV2 or ETH balance at their Ethereum public address for the duration of the Auction may have their Bid cancelled during the Auction.

• In Sales and Auctions: Participants can submit Bids in multiple Sales and Auctions across the Illuvium website up to the Participant’s sILV2 or ETH balance at their Ethereum public address.

Reserved Auction Rights: Illuvium reserves all rights to end an Auction before the Closing Time or to extend an Auction if the Reserve Price has not been met.

Failed transaction: If you made the Successful Bid but did not maintain a sufficient sILV2 or ETH balance at the time the Illuvium smart contract called for the sILV2 or ETH balance to trigger the payment of sILV2 or WETH you forfeit the right to purchase the NFT. If you had a sufficient sILV2 or ETH balance and the transaction fails due to network error or other circumstances outside of your control please send an email to support@illuvium.io for support within 24 hours of the Closing Time of the Auction.

Paying the Auction Price or Sale Price: If your Bid is successful to purchase an NFT in a Sale or at the Closing Time of an Auction, and subject to completion of any processes that are applicable to the particular Sale or Auction, or NFT, your sILV2 or ETH will automatically be transferred to the Illuvium DAO Vault (or other nominated address that the prevailing model of Illuvium DAO governance specifies) to pay the Auction Price or Sale Price (as the case may be) and the NFT will be transferred to your Immutable X public address. You may need to take additional steps to add the NFT smart contract to your Immutable X wallet to display the NFT in your Immutable X wallet.

Purchase of NFT: Once the Participant with the Successful Bid pays the Auction Price to Illuvium, or a Participant pays the Sale Price for an NFT, that Participant becomes the NFT Buyer. The purchase occurs when the Buyer authorises or signs a transaction to confirm payment sufficient to cover the Sale Price and applicable Gas Fees.

Failure to pay Auction Price within a reasonable time: Except for the IP address of the device used by a Participant to submit a Bid, a Participant’s Ethereum public address and the Bid amount, no information is collected by Illuvium to be able to identify each Participant or the Participant with a Successful Bid, or a Participant that pays the Sale Price for an NFT. Accordingly, if the Participant with a Successful Bid does not hold sufficient sILV2 or ETH to pay the Auction Price after the Auction and the transaction but you do not send an email to support@illuvium.io for support within the time stipulated, Illuvium reserves all rights to re-list the NFT for Auction or Sale on the Illuvium website and determine other action appropriate such as blocking of access of the Participant for future Auctions or Sales.

Use of third-party software: All Bids made through the Illuvium website are facilitated and run through MetaMask which is a third-party electronic wallet extension (Third-party Extension), and all NFTs are minted using the Immutable X platform (Third-party Platform). The Illuvium website is the interface for an Ethereum-based sale and auction application, which allows each user to interact with the smart contracts deployed to the Ethereum blockchain to assist with the facilitation of Sales and Auctions. By using a Third-party Extension and a Third-party Platform to access our Services you agree that you are governed by the terms of service and privacy policy for the applicable Third-party Extension and applicable terms for the Third-party Platform. For example, the MetaMask Terms of Service and Privacy Policy are available at (https://metamask.io/terms.html) and (https://metamask.io/privacy.html) respectively, but may be updated from time to time. In addition, the Immutable X Protocol Licence Agreement is available at(https://support.immutable.com/hc/en-us/articles/4404514460303-Immutable-X-Protocol-Licence-Agreement). In connecting your MetaMask wallet to Illuvium’s website, submitting Bids and authorising the payment of the Sale Price or Auction Price in sILV2 or ETH, each transaction is passed on to MetaMask, which completes the transaction on your behalf and the Illuvium NFT is minted to the NFT Buyer’s Immutable X wallet using the Immutable X Protocol.

D1SK Sale: Illuvium D1SKs contain a set of unknown, randomised virtual items for in-game use (Illuvitar NFTs and Accessories). The precise contents of each D1SK is made known upon purchase and opening, not before.

D1SKs are: Purchased with ETH, SILV2 with CC, DC and fiat transactions supported by our merchant partners; Age Restricted:You warrant that you are over the age of 18 and if not, access the D1SK with the consent and supervision of your parent or guardian; Draw/Forge Probability: The draw or forge probability is the rate (also called drop rate) for receiving a particular item in a specific D1SK pack. The drop rate for items sold in Illuvium D1SK packs is fixed. Drop rates are accessible here; Utility: D1SK contents are not intended to be confined to a single game but may be utilised within the Illuvium game ecosystem comprising Illuvium Overworld, Zero and Arena and future gaming titles produced by Illuvium; Lawfully Accessed by you: We only offer D1SKs for sale in regions in which they are not regarded gambling products and issuers are required to be licensed. If you are from such a place, you may not access D1SKs.

Disclosures: The following disclosures are made in relation to your D1SK purchase: Contents Disclosure: Details of minimum specifications for D1SK contents and drop rates per item are set out here; No Returns: Users who are consumers may enjoy the protection of the provisions of the law of the country in which the consumer has its habitual residence. Save for the operation of laws which cannot be contractually waived, we expressly exclude and you expressly disclaim all rights to refund and return, including users who would otherwise have 14-day return rights; Liability Disclaimer: To the greatest extent possible we disclaim all liability in respect of the issuance and sale of D1SKs and their contents; Disclaimer: D1SK Supply: Total supply figures are approximately 100K for standard D1SKs and 20K for Mega D1SKs for the Alpha Wave. The known total supply figure for each D1SK type will be determined only upon conclusion of the sale of all of the D1SKs and shall be published here. Illuvium makes no representation or warranty as to the actual supply figure.

Use of third-party software:

All Bids and Sales made through the Illuvium website are facilitated and run through MetaMask which is a third-party electronic wallet extension (Third-party Extension), and all NFTs are minted using the Immutable X platform (Third-party Platform). The Illuvium website is the interface for an Ethereum-based sale and auction application, which allows each user to interact with the smart contracts deployed to the Ethereum blockchain to assist with the facilitation of Sales and Auctions. By using a Third-party Extension and a Third-party Platform to access our Services you agree that you are governed by the terms of service and privacy policy for the applicable Third-party Extension and applicable terms for the Third-party Platform. For example, the MetaMask Terms of Service and Privacy Policy are available at(https://metamask.io/terms.html) and (https://metamask.io/privacy.html) respectively, but may be updated from time to time. In addition, the Immutable X Protocol Licence Agreement is available at (https://support.immutable.com/hc/en-us/articles/4404514460303-Immutable-X-Protocol-Licence-Agreement) . In connecting your MetaMask wallet to Illuvium’s website, submitting Bids and authorising the payment of the Sale Price or Auction Price in sILV2 or ETH, each transaction is passed on to MetaMask, which completes the transaction on your behalf and the Illuvium NFT is minted to the NFT Buyer’s Immutable X wallet using the Immutable X Protocol.

Acknowledgements: Participants and Buyers and Subsequent Buyers acknowledge, understand and agree that: A) all NFTs and representations made in relation to the NFTs, the Illuvium game and the Illuvium ecosystem are subject to change by the prevailing model of governance of the Illuvium DAO at any time; B) submitting a Bid constitutes a legally binding, and non-revocable offer to purchase an NFT; C) they bear full responsibility for verifying the legitimacy, authenticity, and legal right to acquire ownership, resell, license or otherwise deal with NFTs they bid on and in the case of a Successful Bid purchase via the Illuvium website; D) NFTs may comprise or may be encumbered by copyright or trademark rights in respect of the NFT or the works it references; E) the price of an NFT purchased on the Illuvium website may have been influenced by activity outside of the control of Illuvium; F) under no circumstances will the operation of all or any portion of the Illuvium website or Sales or Auctions be deemed to create a relationship that includes the provision or tendering of investment, financial, legal, tax or accounting advice; G) Illuvium is not a fiduciary nor owes any duties to any Participant or Buyer or Subsequent Buyers, including the duty to ensure fair pricing of NFTs or to police behaviour in the lead up to and during a Sale or an Auction; H) they are solely responsible for any fees, including any internet connection fees or mobile fees and Gas Fees, that are incurred when accessing the Services, submitting Bids, or paying the Sale Price or Auction Price via the Illuvium website and any third-party software; I) the value of Gas Fees changes, often unpredictably, and is entirely outside of the control of Illuvium or the Illuvium website or smart contracts and under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Illuvium website or smart contracts be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a Participant; J) Gas Fees are non-refundable under all circumstances; K) they are solely responsible for seeking independent professional legal and tax advice in relation to their participation in a Sale or an Auction and purchase of an NFT if a Successful Bid is made; L) they are solely responsible for any and all sales, use, value-added, royalty withholding taxes and other taxes, duties and assessments now or hereafter claimed or imposed by any governmental authority associated with their use of the Illuvium website and including, without limitation, any taxes that may become payable as the result of their acquisition of an NFT; M) for the avoidance of doubt, the Buyer or any Subsequent Buyer is solely responsible for determining and paying any amount of royalty withholding tax on the Royalty or any other component of the Sale Price or Auction Price to the revenue authority of their jurisdiction of tax residence as an additional amount to the Sale Price or Auction Price; N) all Sale Prices and Auction Prices are quoted exclusively of any applicable Goods and Services Tax or Value Added Tax; O) they solely bear the risk of initiating, interacting with, participating in Sales and Auctions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the Illuvium website, smart contracts, third-party software, Participants and other actors behave as expected or intended; P) they understand that blockchain and smart contract technologies are experimental, speculative and inherently risky and they are willing to accept the risks associated with cryptographic systems such as smart contracts, the Ethereum blockchain, the Immutable X Protocol, non-fungible tokens, the interplanetary file system and Third-Party Extensions like MetaMask; Q) the Illuvium smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your tokens or digital assets, or lost opportunities to buy and sell tokens or digital assets; R) secondary market sales through the Illuvium website are immediately available after Sales or Auctions on the Illuvium website; S) except for the IP address of the device used to submit a Bid, a Participant’s Ethereum public address and the Bid amount, no information is collected by Illuvium to be able to identify each Participant or the Participant with a Successful Bid and as such, if the Participant with a Successful Bid does not hold sufficient sILV2 or ETH to pay the Auction Price after the Auction, or the Sale Price, Illuvium reserves all rights to re-list the NFT for Sale or Auction; T) Illuvium, the Illuvium website, smart contracts and the Ethereum blockchain could be impacted by one or more regulatory inquiries, regulatory enforcement actions, or legislative change which could impede or limit the ability of Illuvium to continue to develop the Illuvium website and conduct Sales or Auctions, or which could impede or limit your ability to access or use the Illuvium website or the Ethereum blockchain; and U) all payments to Illuvium by the Participant under these terms shall be made in full without any deduction or withholding (whether in respect of set-off, counter-claim, duties, tax, bank transfer fees, charges or otherwise) unless a deduction or withholding is required by any applicable law, in which event the Participant shall: i) ensure that the deduction or withholding does not exceed the minimum amount legally required; ii) be liable to pay to Illuvium such additional amount that will result in the net amount received by Illuvium being equal to the amount which would have been received had no such deduction or withholding been made; and iii) pay to the relevant tax authority, within the period for payment permitted by any applicable law, the minimum amount of the deduction or withholding required by law.

Representations and warranties: Participants and Buyers and Subsequent Buyers represent and warrant that: A) they are knowledgeable, experienced and sophisticated in using blockchain technology, the Illuvium website, and in initiating Ethereum-based transactions; B) the sILV2 or ETH balance at their Ethereum public address is at least equal to the amount Bid for an NFT; C) they have made enquiries to be satisfied as to the legitimacy, authenticity, and legal right to acquire ownership, resell, license or otherwise deal with NFTs they bid on or purchased via the Illuvium website; D) they have made enquiries to confirm they are eligible and/or not prohibited from submitting Bids in Sales or Auctions and paying the Sale Price or Auction Price to perform the legally binding condition of payment following a Successful Bid in an Auction; E) they will not accept, solicit, offer, Bid, engage with the smart contracts, or otherwise transact on or off of the Illuvium website with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price of an NFT or NFT Collection; and F) they will not engage in any unlawful or deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an NFT, simulate demand for an NFT, or any other anti-competitive bidding.

Originators

Acknowledgements: The Originators involved in Content associated with the NFTs each acknowledges, understands and agrees that by listing NFTs for Sale or Auction on the Illuvium website: A) they give an express grant of the limited license rights per the Illuvium License to the Buyer and Subsequent Buyers; B) subject to compliance with applicable laws and regulations, they give an express grant to Illuvium, its affiliates and successors a non-exclusive, world-wide, assignable, sub-licensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute Content in relation to the NFTs on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising Illuvium, the Illuvium website, or any other purpose related to Illuvium or its business, including without limitation, the express right to: i) display or perform the Content on the Illuvium website, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; ii) create and distribute digital or physical derivative works based on the Content, including without limitation, compilations, collective works, and anthologies; iii) indexing the Content in electronic databases, indexes, catalogues, the smart contracts, or ledgers; and ix) hosting, storing, distributing, and reproducing one or more copies of the Content within a distributed file keeping system, node cluster, or other database (e.g. IPFS) or causing, directing, or soliciting others to do so; C) they are prohibited from providing anything to be the subject of an NFT that consists of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created, owned or appropriately licenced by the Originator, not authorized for use by the Originator, not in the public domain, or otherwise without a valid claim of fair use; E) they are responsible for seeking their own professional independent legal advice about NFTs embodying content where the ownership or use rights is unknown or disputed; and F) they are responsible for seeking their own professional independent legal advice about the legality in all applicable jurisdictions of their Content and personality being associated with NFTs available for Sale or Auction on the Illuvium website and which may be subsequently traded on secondary market platforms beyond the control of the Originator and Illuvium.

Representations and warranties: The Originator represents and warrants that: A) they own all legal rights, titles, and interests in all intellectual property rights to Content available for Sale or Auction on the Illuvium website, including but not limited to copyrights and trademarks; B) as the copyright owner, the Originator enjoys several exclusive rights including the right to reproduce, the right to prepare derivative works, the right to distribute, and the right to display or perform in relation to the Content subject to the IP Covenant signed in respect of Illuvium Content; C) to the extent the Content is not created or owned by the Originator, that the Originator has permission to incorporate that Content in the NFTs listed for Sale or Auction on the Illuvium website and that the listing for auction, display and marketing of the NFT does not violate any agreement, contract or obligation owed to a third party; D) the Content has never before created or sold prior to being made available for Sale or Auction as an Illuvium NFT; and E) they will never create NFTs that are the same or similar to Illuvium NFTs made available for Sale or Auction on the Illuvium website.

Indemnity: Originators agree to indemnify Illuvium and be held liable for any claim against Illuvium arising out of an Originator’s breach of these Terms. Originators hereby release and forever discharge Illuvium from any damages or causes of action resulting from a sale of any of the NFTs produced or contributed to by that Originator occurring after the Originator’s breach of these Terms.

Illuvium License

Subject to any Special Terms that may apply from time-to-time to any NFTs and the rights granted below, Illuvium and/or the Originator (as applicable) expressly grant to the Buyer and Subsequent Buyers a limited, worldwide, non-sublicensable, royalty-free intellectual property license to use and display any intellectual property (including copyright) that resides in the Content for private or domestic purposes.

Buyers and Subsequent Buyers may display the Content: The Buyer’s and Subsequent Buyer’s limited license to display the Content, or perform the Content in the case of audio-visual works, includes, but is not limited to, the right to display or perform the Content privately or publicly: (i) for the purpose of promoting or sharing the Buyer’s or Subsequent Buyer’s purchase, ownership, or interest in the Content, for example, on social media platforms, blogs, digital galleries, or other Internet-based media platforms; (ii) for the purpose of sharing, promoting, discussing, or commenting on the Content; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT associated with the Content; and (iv) within decentralised virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Content within one or more virtual environments.

Buyers and Subsequent Buyers shall not make commercial use of Content: Buyers and Subsequent Buyers have the right to sell, trade, transfer, or use their Illuvium NFTs, but Buyers and Subsequent Buyers may not make “commercial use” of the underlying Content including, for example, by selling copies of the Content, selling access to the Content, selling derivative works embodying the Content, or otherwise commercially exploiting the Content.

Other restrictions on the Buyer’s and Subsequent Buyer’s limited license: The Buyer or Subsequent Buyer agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Illuvium and/or the Originator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Content which would be prejudicial to Illuvium or the Originator’s honour or reputation; (ii) use the Content to advertise, market, or sell any third party product or service; (iii) use the Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Content in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for a Buyer’s or Subsequent Buyer’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Content; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Content; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Content, whether on or off of the Illuvium website; (viii) falsify, misrepresent, or conceal the authorship of the Content; or (ix) otherwise utilize the Content for the Buyer’s or Subsequent Buyer’s or any third party’s commercial benefit.

Limited license applies to the current owner of an NFT: The user agrees and acknowledges that the lawful ownership, possession, and title to Content is a necessary and sufficient condition precedent to receiving the limited license rights to the underlying Content provided by these Terms. Any subsequent transfer, dispossession, burning, or another relinquishment of an NFT or the Content will immediately terminate the former owner’s rights and interest in the license or Content as provided by these Terms.

User releases Illuvium from Copyright claims: The Originator and all Buyers and Subsequent Buyers irrevocably release, acquit, and forever discharge Illuvium and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Illuvium’s use of Content in accordance with these Terms, including without limitation, Illuvium solicitation, encouragement, or request for persons or third parties to host the Content for the purpose of operating a distributed database and Illuvium’s deployment or distribution of a reward, a token, or any other token or digital asset to users or third parties for hosting Content on a distributed database.

Illuvium Right to modify NFTs: Certain NFTs produced by Illuvium are composable and incorporate multiple elements or features (such as accessories on Illuvitars) into a final design which is represented in the form of a static image. Illuvium reserves the right to modify at its sole discretion and at any time and without notice to you the metadata corresponding to your token.

Rights for specific NFTs: Land NFTs: ownership of a Land NFTs with Element Sites and / or Fuel Sites (as those terms are defined here) provides the right to generate Elements and /or Fuel, respectively.

ANNEXURE 2 - ILV & Staking Terms

ILV: Illuvium, (ticker: ILV) is the governance and utility token for the Illuvium DAO, which is an ERC-20 standard fungible token minted on the Ethereum blockchain.

sILV2: Is a rewards token available to Stakers of ILV.

Details about ILV and sILV2 is available in the Illuvium Whitepaper published here.

Annexure 3 - Information About Risks

General: All transactions involving tokens carry risk. Risks can be managed but in many cases risks cannot be eliminated. The appropriate level of risk for you may depend on the your age, financial objectives and needs and how your tokens are invested. It also may vary depending on how comfortable you are with the possibility of the reduction of value of or capacity to use assets or tokens you acquire.

Risk of decline in value of tokens: The value of Illuvium Tokens (including sILV2, ILV, Illuvium NFTs and Fuel) may fluctuate over time and Illuvium cannot guarantee the value of these tokens at any time. In decentralised technology, there is no proven economic model that values any or all the smart contracts, the auditing of those smart contracts and the network effects of interactions with smart contracts. There is also no clear model demonstrating the impact of externalities (such as unrelated third-party influencers).

Market integrity risk: Illuvium Tokens will be freely traded Illuvium Tokens and accordingly their price outside of the game will be influenced by external market forces. Their value will fluctuate and may fluctuate extremely. Their value may reduce to zero. As Illuvium is newly established, there is limited or no history upon which you can evaluate the likely value of these tokens. As tokens are subject to only limited regulation, there is a risk that markets for tokens are inefficient and / or subject to manipulation. This means that you may not be protected if the Illuvium ecosystem fails or is hacked.

Financial risk: There are a number of financial risks, including the Illuvium DAO’s ability to maintain a strong enough treasury to continue operations. There is a risk that the Illuvium DAO is not sufficiently responsive to changes in the industry and/or trading conditions.

Operational risk: Operational risk includes but is not limited to, technology risk (including smart contract technology which is nascent and on a public blockchain), reputational risk, fraud, compliance, outsourcing, business continuity planning, legal risk and key person risk.

Technology risk:Transactions carry the risks of Third-party Extension and a Third-party Platform to access our Services as discussed above in the section entitled Auction and Sale Rules. There is also a risk that any Illuvium Tokens you acquire in the Illuvium ecosystem could be stolen or exploited by a smart contract vulnerability. The level of this risk will vary based on how you hold and use your Illuvium Tokens and your security practices including in relation to your digital wallets. You should also be wary of scams designed to convince you to sell or lend your Illuvium Tokens and should only engage with Illuvium in accordance with these Terms.

Custody risk: Illuvium Tokens are tokens that are generally stored in a self-hosted digital wallet or hardware wallet. Illuvium Tokens such as ILV and NFTs rely on cryptography and technology such as blockchain for security and other features. A wallet generally has a private key (unique code) that is used to authorise outgoing token transactions on the blockchain ledger, authorised by the applicable blockchain network according to the prevailing consensus mechanism. A hardware wallet stores these private keys on a secure hardware device not connected to the internet. This can protect your wallet from hackers who can potentially steal the contents of your internet-connected digital wallet. Your digital wallet will have a public key and a private key (like a password or PIN). However, blockchain systems allow users to remain relatively anonymous (pseudonymous) and there is no central authority that collects identity information or that can recover lost or stolen tokens or private keys. If a hacker steals your private key, you have little hope of getting the private key back in order to deal with the tokens you held. Using a wallet that’s held offline, called a ‘hardware wallet’ or ‘cold storage’, may provide additional protection. You are responsible for seeking independent, professional advice in relation to the cyber security of your blockchain and token activities.

Governance risk: Under Illuvium’s decentralised and evolving governance structure, members of the Illuvium Council may pass a vote to modify how the DAO, including Sales and Auctions, operates. You are responsible for monitoring Illuvium’s official social channels and staying updated on changes affecting the Illuvium.

Regulatory risk: The legal and tax characterisation of DAO structures and of digital assets is uncertain in most jurisdictions and regulatory efforts are evolving. It is your responsibility to ensure that your access and use of our Services is lawful. All Illuvium Tokens are not financial products and accordingly the Illuvium DAO, nor its service entities are licensed by ASIC, the SEC, CFTC or any other financial services regulator. You will not have access to the consumer protections available to customers acquiring a financial product under the financial services laws of any country. If the Illuvium DAO or its service entities or contributors or the Illuvium Tokens fail, your Illuvium Tokens will likely be of no value and there is no complaints scheme or ombudsman that can protect you from losses.

Tax Treatment & policy environment: The tax treatment of token activities is subject to uncertainty. Tax authorities around the world are seeking to understand the technology, issue guidance to the public and consult on relevant tax reform that is necessary. The application of traditional tax principles to novel technology, the DAO structure and token activities remain largely untested in court. The value and tax treatment of your Illuvium Tokens may be impacted by this uncertainty and risk in how the tax laws apply and may change.

Immutability risk: Transactions executed on Ethereum are irreversible by design. Errors, false inputs, or other errors are the sole responsibility of each individual customer of Illuvium. No other customers of Illuvium or members of the Illuvium DAO have any obligation whatsoever to reverse or assist to reverse any erroneous transactions.

Merge and fork risk: In the event of a network merge or fork, there is a risk any transactions with Illuvium may not be completed, completely partially, incorrectly completed, or substantially delayed. The Illuvium DAO, its contributors and service companies are not responsible for any losses suffered in whole or in part, directly or indirectly, by a merge or fork of the Ethereum blockchain.

Smart contract risk: While the Illuvium DAO has taken steps to ensure the Illuvium Protocol is safe and secure, there may be vulnerabilities in the suite of smart contracts that collectively form the Illuvium Protocol. You may experience damage, interruptions or loss caused by the exploitation of smart contract vulnerabilities in the form of hacks, mining attacks, cyber-attacks, distributed denial of service attacks, or other security breaches, attacks, or deficiencies.

Phishing risk: Scammers may create phishing websites which pretend to be Illuvium. You are responsible for carefully checking that you are accessing the correct domain and application.

Annexure 4 - Jurisdiction & Product Specific Terms

14 Day Right of Withdrawal

Some jurisdictions do not permit the exclusion or limitation of warranties or liability, so you may have additional rights under applicable law.

If you are a consumer within the meaning of the applicable consumer law and you have purchased an NFT by Sale (not Auction) you have a right of withdrawal for a period of 14 days following the conclusion of the transaction (Purchase Agreement). In the following section you are instructed on your right of withdrawal with respect of the Purchase Agreement.

Instruction on the right of withdrawal

Right of withdrawal: You have the right to withdraw from your Purchase Agreement within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the Purchase Agreement (i.e. when you purchase an NFT). To exercise your right of withdrawal, you must inform us of your decision to withdraw from the Purchase Agreement by an unequivocal statement (e.g. a letter sent by post or e-mail to support@illuvium.io]). You may use the attached model withdrawal form for this purpose however this is not mandatory. To meet the withdrawal period, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from the Purchase Agreement we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which We are informed about your decision to withdraw from this Purchase Agreement . We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of the services during the withdrawal period, you shall pay us a reasonable amount which is in proportion to what has been provided until you have communicated us your withdrawal from this Purchase Agreement, in comparison with the full coverage of the Purchase Agreement.

Information on the expiry of the right of withdrawal: The right of withdrawal shall expire in the case of a Purchase Agreement for the provision of services (i.e. provision of the Services, or the NFTs or D1SKs) if we have provided the service in full and, if the Purchase Agreement places you under an obligation to pay, if we have only begun to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you will lose your right of withdrawal upon full performance of the Purchase Agreement by us. The right of withdrawal shall also expire in the case of a Purchase Agreement for the supply of digital content not on a tangible medium (i.e. purchase of an NFT or D1SK) if we have commenced performance of the Purchase Agreement and, if the Purchase Agreement places you under an obligation to pay, where you have expressly consented to our commencing performance of the Purchase Agreement prior to the expiry of the withdrawal period and have confirmed your knowledge that by giving your consent you lose your right of withdrawal upon commencement of performance of the Purchase Agreement and we have provided confirmation of the concluded Purchase Agreement.

Model withdrawal form: Address to support@illuvium.io; I/We hereby give notice that we withdraw from my/our contract of sale of the following goods/for the provision of the following service [insert] ordered on [insert] received on [insert]. Consumer name, address; [insert]. Date: [insert].