Tethered Services Terms of Use Last Updated: April 12, 2025
These Terms of Use ("Terms") govern your access to and use of Tethered Services LLC's proprietary platform and technology, including our websites, applications, NFC-enabled authentication system, SaaS dashboard, and any content, services, or products offered under Tethered Art, Tethered Wine, and any other current or future divisions of Tethered Services (collectively, the "Tethered Platform").
By accessing or using the Tethered Platform, you agree to be bound by these Terms, including any additional terms and conditions referenced herein and our Privacy Policy (available at https://tetheredart.com/privacy-policy). If you do not agree with these Terms, do not use the Tethered Platform.
1. Eligibility and Account Registration
- You must be 18 years or older and capable of entering into legally binding agreements.
- You agree to provide accurate and complete information during registration and to keep it up to date.
- You are responsible for safeguarding your login credentials and for any activity under your account.
2. Platform Overview
Tethered Services provides a proprietary NFC-enabled platform for authenticating, tracking, and engaging with physical assets. Core verticals include:
- Tethered Art – Provenance tracking, collector engagement, and resale royalty reporting for artworks.
- Tethered Wine – Supply chain transparency, anti-counterfeit technology, and collector insights for fine wine.
- Tethered Fashion & Collectibles – Authentication and tracking for high-value items.
Key features include:
- NFC authentication & provenance
- SaaS access to dashboards, data, and analytics
- Royalty and resale tracking capabilities
- API integrations with third-party systems
3. Intellectual Property & Content Rights
- All rights, title, and interest in and to the Tethered Platform, including the software, infrastructure, and data tools, remain with Tethered.
- You retain rights to your own content and artwork uploaded or tagged through the Tethered Platform, but grant Tethered a non-exclusive, royalty-free, global license to use it for platform operation and promotion.
4. User Responsibilities
- You agree not to misuse or reverse-engineer the Tethered Platform.
- You may not upload content that is infringing, fraudulent, unlawful, or abusive.
- You are solely responsible for the legal status, rights, and provenance of the works or items you register with Tethered.
5. Artist and Gallery Participation
- Artists and galleries may enroll in tiers (e.g., Emerging, Professional, Enterprise) which unlock various features like scan tracking, geolocation, resale metrics, and royalties.
- All resale activity on tagged items can be programmed to return resale royalties to the artist. The artist may set this resale royalty percentage themselves.
- Tethered reserves the right to take a small commission (up to 5%) on secondary transactions using the Platform. This resale commission is fixed and will not exceed 5%.
6. Payments & Fees
- Payments for tags, membership tiers, and services are handled via Stripe.
- Users agree to Stripe's terms and processing fees.
- Payment must be completed to receive services; late or failed payments may result in service suspension.
7. Tag Use & Data Privacy
- Scans by third parties are logged for transparency and security.
- Tethered collects anonymized scan data unless explicitly tied to a collector account, at which point explicit user consent will be obtained.
- Artists and galleries may access aggregated location, scan, and resale data of tagged items.
8. Shipping & Logistics
- Tethered does not ship artwork or wine directly.
- Sellers may coordinate with third-party logistics providers or Tethered partners for insured shipping.
- Tethered is not responsible for damages, losses, or errors caused by third-party carriers.
9. API Access & Integrations
- Upon approval, partners may access our Open API for integrations.
- Tethered reserves the right to restrict or revoke API access at any time for misuse (e.g., data scraping, abuse of system resources) or conflict of interest (e.g., development of competing authentication systems).
10. Termination
- Tethered may terminate or suspend access at any time for violation of these Terms or for suspected fraud.
- You may terminate your account at any time.
- Termination does not absolve payment obligations or legal liabilities accrued.
11. Updates to Terms
- We may update these Terms at any time. Material changes will be communicated via email or posted notice.
- Continued use of the Tethered Platform after such changes constitutes acceptance.
12. Limitation of Liability & Disclaimers
- The Tethered Platform is provided "as is." We disclaim all warranties to the maximum extent permitted by law.
- Tethered is not liable for damages arising from use, including indirect or incidental losses, including issues involving third-party carriers or API partners.
13. International Use and Jurisdiction
- The Tethered Platform is headquartered in the United States but may be accessed globally.
- Users agree to comply with all local laws in their jurisdiction, including export/import regulations, digital commerce laws, and consumer protection rules.
- While these Terms are governed by U.S. law, Tethered reserves the right to enforce its rights in any country where its intellectual property, services, or products are used or distributed.
- In jurisdictions with additional resale or royalty mandates (e.g., EU droit de suite laws), local laws may supplement these Terms.
- Users operating outside the U.S. agree that any disputes not resolved locally may still be brought in U.S. courts under New York jurisdiction.
14. Governing Law
- These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-law principles.
- All disputes shall be resolved in state or federal courts located in New York.
15. Contact Information
By using the Tethered Platform, you agree to these Terms.
For questions or feedback, contact us at [email protected]