When minting my NFT collection through a platform, how can I add individual terms and conditions which shall apply to my NFTs?
Select jurisdiction
Germany
General terms and conditions of a NFT collection may become part of a contract when
minting through a platform – in addition to the terms and conditions of the platform itself. For
the terms and conditions of the NFT collection to become part of the contract, the creator of
the NFT project needs to expressly refer to the terms and conditions and the customers need
to be able to easily access these terms and conditions.
To fulfil these requirements, the NFT creator needs to make sure that the platform displays
the reference to the terms and conditions during the sales process and enables the users to
look at the full text of the terms and conditions, usually by providing a link to it. In addition, it
is recommended to refer and link to the terms and conditions when mentioning the NFT
project, especially on the website of the project itself. Further references to the terms and
conditions, for example in the NFTs’ metadata, can also be helpful to determine which terms
and conditions apply.
Completely individual terms and conditions on the other hand, not for the NFT collection as a
whole but for each individual NFT sale agreed between the buyer and the seller, need to be
implemented on a technical level on the platform to enable a back-and-forth negotiation of
these terms between the buyer and the seller before the contract is concluded.
Brazil
Yes, this can be done via the contract signed with the buyers at the time of purchase
via the Terms of Use. This instrument can be linked to the NFT in its metadata and properties,
in order to link future buyers as well.
