These Terms and Conditions regulate the procedure, conditions, and features of obtaining permission to use the Trademark with the image of the tourist logo of the city of Kyiv (hereinafter referred to as the Trademark), which is registered according to the Ukrainian certificate No. 209513 (date of application - 10.03.2016) regarding goods and services of class 21, 25, 39 of the International Classification of Goods and Services for trademark registration.

Permission (License) to use the Trademark is created, accounted for, and alienated in the form of an NFT (Non-Fungible Token) on a Smart Contract that exists decentralized on the Polygon Mainnet network and runs on the EVM (Ethereum Virtual Machine) and is provided with a virtual an asset certifying permission to use the Trademark under the conditions specified in the NFT and the License Agreement.

The NFT is confirmation that the Licensee (NFT-holder) has a non-exclusive license to use the Trademark provided by this Agreement. Such a non-exclusive license does not exclude the possibility and rights of the Licensor regarding the use of the Trademark in the area limited by this license and its issuance by the Licensor to other persons licenses for the use of the Trademark in the specified field.

The scope of use of the Trademark is any economic activity (production, sale, promotion, advertising, etc.) with the list of goods and/or services under Ukrainian certificate No. 209513 (date of application - 10.03.2016) within 21, 25, 39 class of the International Classification of Goods and Services for the registration of marks that (goods/services) are directly indicated in the NFT located in the virtual asset wallet, which has undergone ownership authentication on the website kyivbrand.com.

The Licensee has the right to use the Trademark (without restrictions on the volumes of relevant goods/services) under the conditions and in the manner determined by the Agreement and the NFT, by: applying the Trademark to the product for which the NFT was created, on the packaging containing such product, a sign associated with it, a label, patch, tag or other item attached to the product; storage of such goods with the specified application of the Trademark for the purpose of offering for sale; offering the product with the Trademark for sale and its advertising, promotion; sale, import and export of goods with the Trademark; use of the Trademark when offering and providing the service for which the NFT was created in any way that does not contradict the terms of this Agreement, the current legislation of Ukraine; use of the Trademark in business documentation or in advertising and on the Internet by distributing images and videos with goods/services with the Trademark, applying the Trademark to a document related to the corresponding product/service specified in the NFT); in any other way related to the introduction of goods with the Trademark into economic and/or civil circulation, or the provision of services with the Trademark, which does not contradict the requirements of the law, the License Agreement and the NFT.

The validity period of the NFT, which is a confirmation of the presence of a non-exclusive license, is determined by the NFT located in the virtual asset wallet. The non-exclusive license provided for in this Agreement is valid during the term of the NFT.

The territory in which the right to use the Trademark is granted under a non-exclusive license is the territory defined in the NFT.

The terms used in these Terms and Conditions are set forth in the draft of the License Agreement for the use of the Trademark and have the same meaning as defined in the draft of the said Agreement.

Mandatory conditions for obtaining permission to use the Trademark are the purchase of the NFT, authentication of the ownership of the NFT, and conclusion of the License Agreement.

The procedure and conditions for purchasing, alienation, and withdrawing NFT from circulation are set out on the kyivbrand.com website in the "How to purchase NFT" tab and the draft License Agreement.

The NFT grants the right to enter into a License Agreement for the use of the Trademark under the legislation of Ukraine and is also a License to use the Trademark under the conditions specified in the NFT after the conclusion of the License Agreement.

The License agreement is concluded under the requirements of the Civil and Economic Codes of Ukraine, Laws of Ukraine "On Protection of Rights to Marks for Goods and Services", "On Electronic Commerce", "On Electronic Trust Services", "On Electronic Documents and Electronic Document Management" .

The draft of the License Agreement is posted on the website kyivbrand.com, the terms of which are the same for everyone regardless of status (natural person, legal entity, individual entrepreneur, resident or non-resident of Ukraine) without favoring one person over another.

The procedure, method, and form of concluding the License Agreement exclude the possibility of making changes to the License Agreement.

The terms used on this site, as well as in official documents, are outlined in the draft of the License Agreement for the use of the trademark and have precisely the same meaning as defined in the draft of the said Agreement.

The site visitor bears all risks and responsibilities concerning using this site, acquisition, alienation, and removal of NFT from circulation. KYIVBRAND cannot guarantee that the site is free of errors and viruses that may harm your electronic computing equipment and/or software. KYIVBRAND is not responsible for any damage that may be caused to you due to using the site.

The KYIVBRAND team considers the NFT holder and the Licensee as one person who acts in good faith to obtain permission to use the Trademark under the conditions defined by the NFT, the License Agreement, and these Terms and Conditions and also understands the content of the License Agreement, the concept of using blockchain technology and the NFT, as well as the meaning of the terms used in the License Agreement and the NFT.

The KYIVBRAND team considers and uses any information provided by the NFT holder, the Licensee, or other persons using the services on the kyivbrand.com website as accurate and to obtain permission to use the Trademark by the person who provided such information and is not additionally checked for appropriateness, reliability, and sufficiency.

The KYIVBRAND team is not responsible for the damage caused or other negative consequences associated with using inappropriate, unreliable, and insufficient information provided by the NFT holder, the Licensee, or other persons using the services on the kyivbrand.com website.

KYIVBRAND is constantly striving to improve its service. This means that any information on this website may be changed. To receive operational information, you can contact us at contact@kyivbrand.com.