Terms and Conditions of Use

5000 YEARS — TERMS AND CONDITIONS OF USE — ONLINE ART & NFT MARKETPLACE Last updated: June 2026 1. OPERATOR INFORMATION The 5000 YEARS platform (the “Platform”) is operated by: 5000 YEARS AG CHE-226.173.689 Grafenhaustrasse, 11 6300 Zug, Switzerland (“5000 YEARS”, “Company”, or “Operator”). 2. PURPOSE AND SCOPE These Terms and Conditions (the “Terms”) govern: - access to and use of the Platform, - marketplace services enabling the listing, promotion and sale of artworks, - transactions involving physical artworks and/or digital assets, including NFTs and ANFTs. They apply to all users of the Platform, including visitors, buyers, sellers and galleries (collectively, the “Users”). 3. ACCEPTANCE OF THE TERMS By accessing or using the Platform, Users acknowledge that they have read, understood and agreed to be bound by these Terms. These Terms apply for as long as the User accesses or uses the Platform. 4. ACCESS CONDITIONS 4.1 Eligibility Users must: - be at least 18 years old or of legal age in their country of residence, - have full legal capacity, - provide accurate, complete and up-to-date information. 4.2 Use on Behalf of a Legal Entity Any use of the Platform on behalf of a legal entity constitutes acceptance of these Terms by such entity. The User represents that they are duly authorized to bind the entity. 4.3 Technical Requirements Users are solely responsible for their devices, software, internet access, and any related costs. 5. ROLE OF 5000 YEARS – MARKETPLACE DISCLAIMER 5000 YEARS operates solely as a technical intermediary and marketplace operator. In particular, 5000 YEARS: - does not act as a seller or buyer, - is not a party to transactions between Users, - does not act as an agent, broker, fiduciary or custodian, - does not guarantee the quality, legality, authenticity, or provenance of artwork. All transactions are concluded directly between buyers and sellers, under their sole responsibility. The Platform does not constitute a regulated trading facility, financial service, or investment platform. 5000 YEARS does not take custody of artworks, digital assets, cryptocurrencies, fiat funds or private keys; does not provide payment services. 6. USER ACCOUNTS To access certain features, Users must create an account. Users are responsible for: - maintaining the confidentiality of their login credentials, - all activities carried out through their account. 5000 YEARS may suspend or terminate accounts in case of breach of these Terms. 7. SELLER AND GALLERY OBLIGATIONS Sellers and galleries warrant that: - they own or are duly authorized to sell the artworks, - artworks are authentic and lawfully sourced, - listings are accurate, complete and non-misleading, - no intellectual property or third-party rights are infringed. Any breach may result in immediate removal of content and account termination. 8. PAID PLATFORM – SUBSCRIPTIONS, FEES AND PAYMENTS 8.1 Subscription Model 5000 YEARS operates as a paid marketplace platform. Access to the Platform for exhibiting and selling artworks is reserved for professional sellers and galleries subscribing to a paid subscription plan. Subscription plans: - grant the right to list and sell artworks, - are subject to pricing, duration and features displayed on the Platform, - are payable in advance and non-refundable, except where mandatory law provides otherwise. 5000 YEARS reserves the right to modify subscription plans upon prior notice. 8.2 Subscription Obligations Subscription fees: - are independent from commissions and royalties, - do not guarantee sales or visibility, - remain payable irrespective of whether a sale is completed. Failure to pay may result in suspension or termination of access. 8 BIS. RIGHT OF WITHDRAWAL (EU CONSUMERS ONLY) 8.1 Statutory Right EU consumers may withdraw from purchases of physical artwork within 14 calendar days from delivery, without justification. 8.2 Exceptions No withdrawal for: - digital content delivered immediately with express consent, - customized or personalized goods, - NFTs and digital assets (immediate delivery + irreversible blockchain transfer). 8.3 Exercise To exercise withdrawal: 1. Send notice to [email/form]; 2. Return artwork in original condition within 14 days; 3. Seller refunds within 14 days of receipt. Return shipping costs are borne by the buyer unless otherwise stated. 8.4 Non-EU Buyers No statutory withdrawal right applies to buyers outside the EU. 9. COMMISSIONS AND ROYALTIES 9.1 Physical Artworks For each sale of a physical artwork concluded through the Platform, 5000 YEARS is entitled to a sales commission. Commission rates are specified on the Platform or in the applicable subscription plan. 9.2 NFTs and ANFTs For each sale of a digital artwork or NFT (including ANFTs): - commissions and royalties are defined on the Platform and/or in the applicable smart contract, - royalties on secondary sales are executed automatically on-chain and are non-reversible. Digital assets, NFTs, and ANFTs are not financial instruments or investments. 5000 YEARS provides no investment advice, valuation guarantees, liquidity assurances or resale guarantees. 10. TAXES AND COMPLIANCE Sellers are solely responsible for: - declaring and paying all applicable taxes, - compliance with financial, tax and crypto-asset regulations. 5000 YEARS does not provide tax, legal or financial advice. 10 BIS. ANTI-MONEY LAUNDERING AND KYC 10.1 Verification Obligations 5000 YEARS may require identity verification (KYC) for: - high-value transactions (threshold: [CHF/EUR/USD]), - crypto-asset purchases, - suspicious activity. 10.2 Cooperation Duty Users must provide requested documents within [7] days. Failure to comply may result in: - transaction suspension, - account termination, - reporting to authorities (FINMA and others). 11. CONTENT MODERATION – NOTICE & TAKEDOWN Users may report unlawful, infringing, or misleading content. 5000 YEARS may remove content, suspend or terminate accounts and cooperate with authorities, including under: EU Digital Services Act (DSA); US Digital Millennium Copyright Act (DMCA). 5000 YEARS acts as a hosting/service provider and does not assume editorial responsibility. 12. DISPUTES BETWEEN USERS 5000 YEARS is not responsible for disputes arising between Users. Any dispute relating to a transaction shall be resolved directly between the buyer and the seller. 5000 YEARS may, without obligation, provide communication tools or suspend disputed content or transactions, without assuming any mediation or liability role. 13. NO PARTNERSHIP OR EMPLOYMENT Nothing in these Terms shall be deemed to create any partnership, joint venture, agency or employment relationship between 5000 YEARS and any User. 14. EXPORT CONTROL AND SANCTIONS Users represent and warrant that they are not subject to any economic or trade sanctions, embargoes or restrictive measures imposed by the United States, the European Union, Switzerland or any other applicable authority. Users agree not to use the Platform in violation of any applicable export control, sanctions or trade laws. 5000 YEARS reserves the right to suspend or terminate access to the Platform in case of breach of this clause, legal obligations or to protect Users or the Platform. 5000 YEARS shall not be liable for: - blockchain malfunctions, forks or congestion, - smart contract vulnerabilities, - gas fees, - irreversible transactions, - loss of digital assets due to external factors. Liability is limited, to the extent permitted by law, to fees paid during the preceding twelve (12) months. 15. INTELLECTUAL PROPERTY Users retain ownership of their content. Users grant 5000 YEARS a non-exclusive, worldwide, royalty-free license to host, display, reproduce and promote their content solely for operating and marketing the Platform. 5000 YEARS remains the sole owner of the Platform, its source code, trademarks, databases and proprietary content. Unauthorized use is strictly prohibited. 16. PERSONAL DATA PROTECTION 5000 YEARS processes personal data in accordance with EU GDPR, the Swiss Federal Act on Data Protection, and applicable US privacy laws (including CCPA/CPRA where applicable). Full details — including the types of data processed, cookies and tracking technologies, and data subject rights — are set out in the Privacy Policy, which forms an integral part of these Terms. 17. WARRANTIES AND LIMITATION OF LIABILITY The Platform is provided “as is” and “as available”. Nothing in these Terms excludes liability for fraud, willful misconduct, gross negligence, or liability that cannot be excluded under applicable law. Subject thereto, 5000 YEARS’ total liability shall be limited to the fees paid by the User during the preceding twelve (12) months, to the maximum extent permitted by law. 18. SUSPENSION AND TERMINATION 5000 YEARS may suspend or terminate access for breach of these Terms, legal obligations, or to protect Users or the integrity of the Platform. 19. GOVERNING LAW AND JURISDICTION EU Users: Mandatory consumer protection laws apply. Swiss Users: Swiss law applies. US Users: Swiss law applies, subject to mandatory US consumer laws. Primary jurisdiction: Courts of Zug, Switzerland. 20. FINAL PROVISIONS If any provision is held invalid, the remaining provisions remain enforceable. Continued use of the Platform after amendments constitutes acceptance of the revised Terms. These Terms constitute the entire agreement between Users and 5000 YEARS. 21. UK ONLINE SAFETY ACT COMPLIANCE For users located in the United Kingdom, 5000 YEARS operates in accordance with the UK Online Safety Act. The Platform prohibits the use, upload or dissemination of content that is illegal under UK law, including but not limited to content involving fraud, money laundering, terrorist financing, intellectual property infringement, hate speech or unlawful activities. 5000 YEARS reserves the right to remove or restrict access to such content, suspend or terminate accounts, and cooperate with UK authorities where required by law. Content moderation decisions are taken based on human review and editorial judgment. GLOBAL REGULATORY COMPLIANCE 5000 YEARS operates the Platform as a curated online marketplace providing technical intermediation services only. The Platform is not a financial institution, payment service provider, investment platform, regulated trading venue, broker, custodian or escrow service under the laws of the European Union, the United Kingdom, the United States or any other jurisdiction. 5000 YEARS does not provide financial, legal, tax or investment advice, and digital assets, NFTs and ANFTs offered or referenced on the Platform do not constitute financial instruments or investments. The Platform is operated in accordance with applicable laws and regulations, including, where relevant: - the EU Digital Services Act and applicable EU data protection laws, - the UK Online Safety Act and UK GDPR, - applicable United States federal and state laws, including consumer protection, platform liability and competition laws. Access to the Platform, curation decisions, content moderation and any restriction, suspension or termination of services are carried out through human review and editorial discretion, in a proportionate and non-automated manner, in compliance with applicable law. Users remain solely responsible for ensuring that their use of the Platform, their content, listings and transactions comply with all applicable laws, regulations, tax obligations and professional requirements in their respective jurisdictions. Nothing in these Terms shall be construed as creating any regulatory approval, authorization, certification or guarantee by 5000 YEARS in any jurisdiction. AMF and FINMA Regulatory Positioning 5000 YEARS’ activities do not constitute regulated financial services under the supervision of the Autorité des marchés financiers (AMF) in France or the Swiss Financial Market Supervisory Authority (FINMA). The Platform does not provide custody, exchange, brokerage, payment services or investment advice in relation to digital assets or NFTs, and does not operate a trading venue or multilateral trading facility. NFTs and digital representations of artworks made available through the Platform are intended solely as cultural or digital collectibles and are not structured, offered or marketed as financial instruments, securities or investment products under applicable French or Swiss law. MiCA Clarification (EU Crypto-Assets Regulation) NFTs and ANFTs made available or referenced on the Platform are intended to represent digital collectibles or digital representations of artworks. They are not offered, marketed or structured as crypto-assets within the meaning of Regulation (EU) 2023/1114 (MiCA), nor as financial instruments, investment products or fungible crypto-assets. 5000 YEARS does not issue, offer, place, exchange or provide custody of crypto-assets and does not act as a crypto-asset service provider (CASP) within the meaning of MiCA. ESMA Alignment Clarification The Platform’s services and documentation are designed to reflect the actual substance of 5000 YEARS’ activities. NFTs and digital representations of artworks made available through the Platform are presented exclusively as cultural or digital collectibles and not as financial, investment or speculative products, in line with ESMA guidance on crypto-assets and investor protection.