Nutzungsbedingungen

Art. 1 — Definitions and Interpretation

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Platform" or "ZoneCoin": the web application, API services and software module (DLL) for integration with OpenSim virtual environments, developed and operated by the Provider.
• "Virtual Currency" or "ZC": a numerical unit with no intrinsic value, not convertible into legal tender (fiat), used exclusively as an internal medium of exchange within the ecosystem of OpenSim virtual grids connected to the Platform.
• "User": any natural or legal person who accesses the Platform and uses its services.
• "Grid Owner": an operator of an OpenSim virtual environment who integrates the Platform through the DLL module and APIs.
• "Wallet": the virtual digital wallet associated with each User's account, containing the ZC balance.
• "Staking": the mechanism of temporarily locking ZC units for the generation of virtual in-platform yields.
• "MiCA": Regulation (EU) 2023/1114 on markets in crypto-assets, applied by analogy to this Platform as a best practice and transparency measure.
• "DLL": Dynamic Link Library software for integration with OpenSim servers.
• "NFT" (Non-Fungible Token): a unique and non-interchangeable digital asset, recorded on the Platform's internal blockchain, representing ownership of a virtual object (art, collectibles, land, in-world items).
• "Fractional Ownership": a mechanism that allows the subdivision of an NFT into separately tradeable shares (fractions), while maintaining the link to the original asset.
• "NFT Staking": the temporary locking of an NFT for the generation of virtual ZC yields, calculated based on rarity and lock duration.
• "NFT Rental": the temporary rental of an NFT to third parties under time-based, usage-based or revenue-sharing models, with automatic return upon expiry.
• "Dynamic NFT": an NFT whose metadata automatically evolves upon predefined triggers (age, transfers, user actions, platform events).
• "IMoneyModule": OpenSimulator's native interface for in-world economy management, implemented by the ZoneCoin DLL module for object transactions, land purchases and avatar balance synchronization.

Art. 2 — Nature of the Service and Virtual Currency

2.1. The ZoneCoin Platform provides a technological service for managing virtual currency intended for use within virtual worlds based on the OpenSim platform. It does not in any way constitute banking, financial, payment, electronic money issuance or investment service activity.

2.2. The ZC virtual currency:

• Does not represent or incorporate any property, debt or equity rights.
• Does not guarantee any return, profit or value appreciation.
• Is not convertible into fiat currency (Euro, Dollar, etc.) or other cryptocurrencies.
• Is not transferable outside the Platform ecosystem.
• May be created, modified, reset or eliminated by the Provider at any time without generating any right to compensation.

2.3. Any value perceived by the User regarding ZC is purely subjective and internal to the virtual simulation. The Provider expressly disclaims all liability for any economic or financial expectations the User may develop.

Art. 3 — Access and Registration

3.1. Access to the Platform requires a validated Joomla account and, where applicable, an OpenSim account linked through the JOpenSim module or equivalent procedures.

3.2. The User declares and warrants that they:

• Are at least 18 years of age or the minimum legal age in their jurisdiction.
• Provide truthful, accurate and complete information at the time of registration.
• Maintain the confidentiality of their access credentials.
• Will not create multiple accounts without explicit authorization.
• Are not subject to international sanctions (OFAC, EU, UN) that would preclude use of the service.

3.3. The Provider reserves the right to request additional documentation for identity verification (KYC — Know Your Customer) in compliance with applicable regulations.

Art. 4 — Services Offered

The Platform provides the following services within the virtual ecosystem:

4.2. All services are provided "as is" and "as available". The Provider does not guarantee service continuity or absence of interruptions.

Art. 5 — Fees and Tariff Transparency (MiCA Art. 6)

In compliance with the transparency principles of the MiCA Regulation, the fees applied by the Platform are as follows:

Art. 6 — User Obligations

The User undertakes to:

1. Use the Platform exclusively for lawful purposes and in compliance with these Terms.
2. Not use the services for money laundering, terrorism financing, tax evasion or other illegal activities.
3. Maintain their account security and immediately report any unauthorized access.
4. Not attempt to manipulate internal markets, create artificial liquidity or engage in wash trading.
5. Comply with applicable laws and regulations in their jurisdiction.
6. Not use bots, automated scripts or automation tools without prior written authorization.
7. Not reverse engineer, decompile or disassemble the Platform software.

Art. 7 — Prohibited Uses and Conduct

7.1. Without limitation, the following are expressly prohibited:

• Money laundering (AML): any attempt to use the Platform to conceal the illicit origin of funds, assets or resources.
• Terrorism financing (CFT): any operation aimed at direct or indirect support of terrorist activities.
• Fraud and scams: Ponzi schemes, phishing, social engineering, impersonation of other users or the Provider.
• Tax evasion: use of the Platform to circumvent applicable tax obligations.
• Market manipulation: spoofing, wash trading, front-running, pump-and-dump or any form of price manipulation in the internal exchange.
• Sanctions violations: transactions with individuals, entities or countries subject to OFAC, EU or UN sanctions.
• Child exploitation: any use related to exploitation, abuse or endangerment of minors.
• Computer abuse: hacking, malware distribution, DDoS attacks, SQL injection or any attempt to compromise Platform security.
• Sale of illicit goods: use of ZC for purchase or sale of illegal substances, weapons, counterfeit materials or other prohibited goods.
• Unauthorized gambling: organizing gambling activities within grids without necessary licenses.

7.2. In case of violation of the prohibitions set forth in this Article, the Provider reserves the right to:

• Immediately suspend or close the User's account.
• Freeze virtual funds (ZC) associated with the account.
• Report suspicious activity to competent authorities, including Financial Intelligence Units (FIU).
• Fully cooperate with law enforcement and judicial authorities.
• Seek compensation for any damages suffered.

Art. 8 — Limitation of Liability

8.1. The Provider shall not be liable for:

• Loss of ZC: any loss of virtual currency due to User error, credential compromise, sending to wrong wallets or any other cause not directly attributable to the Provider's wilful misconduct or gross negligence.
• Indirect damages: lost profits, loss of opportunity, data loss, consequential, special, punitive or exemplary damages.
• Service interruptions: downtime, scheduled or emergency maintenance, technical failures, cyber attacks or events beyond the Provider's reasonable control.
• Third-party acts: actions, omissions or conduct of other Users, Grid Owners, OpenSim service providers or third parties.
• Value fluctuations: any perceived change in the "value" of ZC, which have no intrinsic value.
• User decisions: consequences arising from staking, lending, exchange or any other operation voluntarily undertaken by the User.
• Illegitimate use by third parties: any use of the Platform or ZC for illegal purposes by users or third parties, where the Provider has implemented reasonable prevention measures.

8.2. In any event, the Provider's maximum aggregate liability towards the User, for any cause and under any title, shall not exceed the amount actually paid by the User to the Provider in the 12 (twelve) months preceding the event giving rise to liability, or €100.00 (one hundred euros), whichever is lower.

8.3. The limitations set forth in this Article shall not apply in cases of wilful misconduct or gross negligence by the Provider, nor in cases where applicable law does not permit such limitations.

Art. 9 — Disclaimer of Warranties

9.1. The Platform and all related services are provided "AS IS" and "AS AVAILABLE", without any express or implied warranties, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose.
• Warranties of non-infringement of third-party rights.
• Warranties of accuracy, reliability or completeness of information.
• Warranties of uninterrupted, secure or error-free operation.
• Warranties of staking returns or return on investment.

9.2. The Provider does not warrant that the Platform will meet the User's specific needs, nor that it will be compatible with all OpenSim environments or hardware/software configurations.

Art. 10 — Indemnification

10.1. The User agrees to indemnify, defend and hold harmless the Provider, its directors, employees, collaborators, agents and licensees from and against any claim, demand, action, damage, loss, cost, expense (including reasonable legal fees) arising from or related to:

• The User's use of the Platform.
• Violation of these Terms.
• Violation of applicable laws or regulations.
• Violation of third-party rights.
• Content or data provided by the User.
• Illegal activities conducted through the User's account.

10.2. This indemnification obligation shall survive the termination of the contractual relationship.

Art. 11 — Intellectual Property

11.1. All intellectual property rights relating to the Platform, including but not limited to: source code, design, trademarks, logos, documentation, APIs, DLLs and related materials, are and remain the exclusive property of ZoneNations.

11.2. The User is granted a limited, non-exclusive, non-transferable and revocable license to use the Platform in accordance with these Terms.

11.3. Grid Owners are granted a license to use the DLL module exclusively for integration with their OpenSim grids registered on the Platform. This license is subject to compliance with these Terms and payment of any fees required by the subscribed plan.

Art. 12 — Regulatory Compliance (EU MiCA 2023/1114)

12.1. Although ZoneCoin (ZC) does not technically fall within the scope of the MiCA Regulation (not being a crypto-asset within the meaning of the Regulation), the Provider voluntarily adopts the following best practices inspired by the European regulatory framework:

• MiCA Art. 6 — Transparency: clear and accessible publication of fees (Art. 5 of this Agreement).
• MiCA Art. 16 — White Paper: technical and functional documentation of the virtual currency available on the Platform.
• MiCA Art. 63 — Fair Dealing: commitment to operate with loyalty, fairness and professionalism in the Users' interest.
• AML/CFT (Dir. 2015/849/EU): implementation of risk-proportionate identification and verification measures (KYC).

12.2. The adoption of these standards does not imply that ZoneCoin is regulated as a financial instrument or crypto-asset. This voluntary compliance may be modified or terminated by the Provider at any time.

Art. 13 — Personal Data Processing

13.1. Personal data processing is governed by the Privacy Policy available in the dedicated section of this page and by Regulation (EU) 2016/679 (GDPR).

13.2. By using the Platform, the User acknowledges and consents to the processing of their data as described in the Privacy Policy, to the extent permitted by law.

Art. 14 — Suspension and Termination

14.1. The Provider may suspend or terminate the User's access to the Platform, in whole or in part, at any time and without notice, in case of:

• Violation of these Terms.
• Suspected fraudulent, illegal or policy-contrary activity.
• Request from competent authorities.
• Maintenance, security or Platform update requirements.
• Service discontinuation at the Provider's discretion.

14.2. In case of account closure, any remaining ZC balances may be frozen or cancelled. The User shall have no right to any refund or monetary compensation for lost ZC, as they are virtual units without real economic value.

14.3. The User may request account closure at any time, acknowledging the irreversibility of the operation and the loss of any ZC balances.

Art. 15 — Force Majeure

The Provider shall not be liable for failures or delays in performing obligations under these Terms caused by force majeure events, including but not limited to: natural disasters, wars, acts of terrorism, pandemics, power outages, telecommunications network failures, exceptional cyber attacks, governmental or legislative measures, or any other unforeseeable circumstance beyond the Provider's reasonable control.

Art. 16 — Dispute Resolution

16.1. Phase 1 — Direct negotiation (mandatory): Any dispute arising from or related to these Terms shall first be submitted to an amicable settlement attempt through written communication (email or certified email) to the other party. The parties undertake to negotiate in good faith for a minimum period of 30 (thirty) days from receipt of the communication.

16.2. Phase 2 — Mediation (mandatory): In case of failure to resolve in Phase 1, the parties undertake to submit the dispute to mediation proceedings pursuant to Italian Legislative Decree 28/2010, before an accredited mediation body based in the Provider's province. Mediation costs shall be equally divided between the parties, unless otherwise determined by the mediation body.

16.3. Phase 3 — Jurisdiction: Only in case of negative mediation outcome shall disputes be referred to the exclusive jurisdiction of the Court of the Provider's registered office, with express waiver of any alternative forum.

16.4. For consumers resident in the European Union, the mandatory protections provided by applicable regulations shall apply, including the possibility of using the European Commission's ODR (Online Dispute Resolution) platform at: https://ec.europa.eu/odr.

Art. 17 — Amendments to Terms

17.1. The Provider reserves the right to modify these Terms at any time. Amendments will be published on the Platform with indication of the update date.

17.2. For substantial modifications, the Provider will provide at least 30 (thirty) days' notice via Platform announcement and/or email communication.

17.3. Continued use of the Platform after amendments take effect constitutes full acceptance of the new Terms. In case of disagreement, the User must cease using the Platform and request account closure.

Art. 18 — General Provisions and Severability

18.1. Entire agreement: These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the parties regarding their subject matter and supersede all prior agreements, understandings or representations, whether oral or written.

18.2. Severability: Should one or more clauses of these Terms prove invalid, void or ineffective, the remaining clauses shall retain full validity and effect. The invalid clause shall be replaced with a valid clause that most closely approximates the original economic and legal intent.

18.3. Waiver: Failure to exercise or delay in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

18.4. Assignment: The User may not assign or transfer their rights or obligations under these Terms without the Provider's prior written consent. The Provider may freely assign its rights and obligations.

18.5. Communications: Communications to the Provider must be sent via the email address or certified email indicated in the Contact section. Communications to the User will be sent to the email address associated with the account.

18.6. Language: In case of discrepancy between different language versions of these Terms, the Italian version shall prevail.

Art. 19 — Governing Law and Jurisdiction

19.1. These Terms are governed and interpreted in accordance with the laws of the Italian Republic.

19.2. For matters not expressly provided for, the provisions of the Italian Civil Code, the Consumer Code (Legislative Decree 206/2005) for users qualifying as consumers, and directly applicable European regulations shall apply.

19.3. The exclusive competent forum shall be that of the Provider's registered office, subject to the mandatory consumer forum pursuant to Art. 33, paragraph 2, letter u) of the Consumer Code.

Art. 20 — Contact Information