Aloop

Terms of Service

Version 1 (2026-10-v1) · Effective date: October 26, 2026

1. Agreement to these Terms

These Terms of Service (the "Terms") are a binding agreement between you and Tarnish Inc. ("Tarnish," "Aloop," "we," "us," or "our"), the company that operates the Aloop mobile application, the website at aloop.jewelry, and related services (together, the "Service").

By creating an account, or by accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

What these Terms include. These Terms include the policies they name as part of them — our Buyer Protection & Returns Policy, our Copyright & Repeat-Infringer Policy, our notice on reporting an intimate image, and the terms of any program you join under section 7A (together, our "Policies"). If you sell on Aloop, our Seller Agreement also applies to you. Our Privacy Policy explains how we handle personal information. It is a notice, not part of these Terms, and nothing in it asks you to agree to anything.

Disputes go to arbitration, not to a judge or jury. Section 19 requires most disputes between you and Aloop to be decided by an arbitrator in an individual case instead of by a judge or jury, and waives class actions. You can opt out within 30 days (section 19.8).

2. About Aloop

Aloop is an online marketplace that lets people discover, buy, and sell vintage, antique, handmade, and boutique jewelry, primarily through short video listings. Aloop provides the platform, discovery experience, payment facilitation, shipping tools, and buyer-protection framework that support transactions between buyers and sellers.

Roles: the seller of the item; Aloop as payment merchant of record. The independent seller identified in the applicable listing and order is the seller and supplier of the item and is responsible for the item's title, description, authenticity, condition, legal compliance, packaging, fulfillment, and physical return. Aloop is the merchant of record for payment-processing purposes: Aloop charges the buyer's payment method in its own name, appears on the buyer's payment statement, receives the transaction funds, settles applicable proceeds to the seller, and administers payment refunds, reversals, disputes, and chargebacks. Aloop does not manufacture, store, take possession of, or take title to the items listed by sellers (section 10 covers authenticity), and does not make the seller's product representations or warranties, except for any protection or warranty Aloop expressly provides.

3. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service, and able to form a binding contract. You are responsible for complying with all laws that apply to you, and you may not use the Service if you are barred from doing so under applicable law or are on any restricted-party or sanctions list.

Where we operate. We offer the Service in the United States. Orders ship only to addresses in the United States that we deliver to, and sellers must meet the eligibility rules in the Seller Agreement. If we offer the Service in another country or region, terms for that place (a "Regional Addendum") will apply to people there, and where a Regional Addendum differs from these Terms, it controls for them.

4. Accounts

To use most features you must create an account. You agree to provide accurate information and keep it up to date. You sign in with a one-time code we email to you, so anyone who can read that email account can sign in to yours: keep your email account and your devices secure, and do not share a code. You are responsible for all activity that occurs under your account. You can sign out of all your devices from the app. Notify us promptly at support@aloop.jewelry if you suspect unauthorized use. We may refuse, suspend, or terminate accounts as described in Section 18.

You may close your account at any time from within the app. Certain records may be retained after closure as described in our Privacy Policy and as required by law (for example, transaction and tax records).

5. The marketplace & our role

Aloop connects buyers and sellers. When a buyer purchases an item, a contract of sale is formed between the buyer and the seller (the "Sale Contract"). The Sale Contract for the item is between the buyer and the seller: Aloop is not the seller or a party to the seller's product representations or warranties, but Aloop is a party to these Terms and is the merchant of record for the payment transaction. Our role is to:

Sellers are the merchant/seller of the goods and are responsible for their own tax, legal, and regulatory obligations relating to their sales, except for obligations that applicable law places on Aloop as a marketplace facilitator (for example, certain sales-tax collection duties). Aloop, not the seller, is the merchant of record for payment-processing purposes; the seller is not the merchant of record for an Aloop payment.

Aloop's payment role. Aloop accepts and processes the buyer's payment in Aloop's name, appears on the buyer's payment-account statement (as "ALOOP TARNISH INC"), receives the transaction funds, settles applicable proceeds to the seller, and administers payment refunds, reversals, disputes, and chargebacks. Any statement that Aloop is not a party to the Sale Contract does not limit Aloop's responsibilities concerning payment processing, payment refunds, disputes, chargebacks, or any non-waivable obligation imposed by law or payment-network requirements. A seller may be required to reimburse Aloop for seller-caused refunds, disputes, or chargebacks; that internal allocation does not make the seller the merchant of record and does not limit the buyer's rights against Aloop concerning the payment transaction.

6. Buying on Aloop

When you buy, you agree to pay the listed price plus any applicable shipping and taxes shown at checkout. Purchases are made one item at a time. When you check out, our payment processor (see Section 14) places a hold on your payment method for the total, and you authorize Aloop to charge it as section 8 of our Buyer Protection & Returns Policy describes — usually when the seller creates your shipping label, and in full at checkout for a piece made to order. A listing is an invitation to purchase. Your order is accepted, and the Sale Contract is formed, when the app confirms your order after the hold is placed.

Mistakes and unavailable pieces. If a piece turns out to be unavailable, or an order was placed at a price or on terms that are obviously wrong, we may cancel the order before it ships. If we do, you are not charged, or you are refunded in full.

Your payment to Aloop pays the seller. Aloop collects the price from you as the seller's limited agent for that purpose, under our Seller Agreement. Paying Aloop discharges what you owe the seller for the item, in the amount you paid, exactly as if you had paid the seller directly — whether or not the seller's share then reaches them. You never owe the seller twice.

Aloop also administers refunds, reversals, disputes, and chargebacks on that payment, and is the merchant of record for it. That does not make Aloop the seller of the item or a party to your contract of sale with the seller.

Late orders and cancelling. For an ordinary purchase (one that is not made to order), you can cancel within 24 hours of placing it while your payment is still only authorized and the seller has not created the shipping label. A piece made to order is charged at checkout and has no such window. After that, you can cancel an order only if it has not shipped by its ship-by date. Those rights, what happens if a seller does not ship on time, and any cancellation right the law gives you, are set out in section 8 of our Buyer Protection & Returns Policy.

You agree to review each listing, including its video, description, condition notes, and any provided provenance documents, before purchasing. Because many items are pre-owned or one of a kind, availability can be limited and colors, wear, and measurements may vary from what a screen conveys. Prices are shown in the currency indicated in the app.

7. Selling on Aloop

If you list items for sale, you additionally agree that:

Fees, payouts, tax reporting and the payment. If you sell, the Seller Agreement also applies to you, and it controls on matters about selling (section 20B). It sets out the fees you pay and the optional paid services we offer (such as promoted placement under section 7A), how and when your proceeds are paid out and when a payout may be paused, tax reporting on your sales, and what you owe Aloop when a buyer is refunded or a chargeback is received. Aloop, not you, is the merchant of record for the payment, and you must not tell a buyer otherwise.

7A. Ranking, promoted listings & programs

How listings are ordered. What you see, and in what order, depends on things such as how recently a piece was listed, how buyers engage with it, your own activity on Aloop (unless you have turned personalization off), whether you follow its seller, the seller's ratings, keeping a mix of sellers and kinds of piece, and our moderation decisions. A search also weighs how well a listing matches it. We change how ranking works from time to time, and we decide which features to offer and how they work.

Sale prices. When a seller lowers a price, the app may show the earlier price struck through beside the new one. The earlier price is the lowest price at which the piece was offered on Aloop during the 30 days before the seller lowered it, and it shows for no more than 30 days. It is always the seller's own price on Aloop, never a retail, appraised or "compare at" value. We show it only where the piece was offered for sale on Aloop for the whole of those 30 days and was not offered for less during them, so the earlier price was a genuine offer held for a substantial period, and only where the reduction meets our minimums. We may decline to show, or remove, a comparison even where a price was lowered.

Promoted listings. We may offer sellers paid placement. A listing placed because a seller paid for it is labeled as promoted (or with a similar word) wherever it appears in that placement. Paying for placement never changes anything a listing says about the piece.

Programs. We may run promotions, promo codes, credits, referral programs and giveaways ("Programs"). Each has its own terms, shown where you join or use it ("Program Terms"). Program Terms are part of these Terms; they never contain their own dispute-resolution or court clause, and section 19 governs any dispute about a Program. Unless the Program Terms say otherwise:

We send marketing text messages only to people who have agreed to receive them, and agreeing is never a condition of buying anything.

8. Shipping

Sellers are responsible for shipping sold items promptly, securely packaged, using the tracked, prepaid label and carrier options Aloop provides, and within Aloop's shipping guardrails. Title and risk of loss pass in accordance with applicable law and these Terms. Buyers can follow carrier tracking within the app. Failure to ship on time or as required may result in order cancellation, refunds to the buyer, and enforcement action against the seller.

9. Returns, refunds & disputes

Aloop provides a buyer-protection and dispute-resolution framework to help resolve problems fairly. In general:

The specific coverage, time windows, and steps are set out in our Buyer Protection & Returns Policy, which forms part of these Terms. The seller's return policy is shown on the checkout screen, before you pay. The exact dates for your order — the last day to return it and the last day to report a problem — are shown with your order in the app. Those deadlines are the deadlines of our program: they do not shorten any right the law or your card issuer gives you. Aloop's determinations under this framework are intended to be reasonable and final for purposes of the Service, and do not limit any rights you may have against the other party under applicable law.

Your remedy against Aloop for an item. To the extent the law allows, the Buyer Protection & Returns Policy is your remedy against Aloop when an item does not arrive or is not as described. This does not limit your rights against the seller, your rights with your card issuer, or any right the law does not let a contract limit.

10. Authenticity & item condition

Sellers are responsible for the accuracy of their listings, including any statements about materials, gemstones, hallmarks, age, brand, or authenticity. Aloop does not inspect or independently authenticate items and makes no guarantee of authenticity. Any provenance documents a seller provides (such as receipts, appraisals, or certificates) are supplied by the seller and are not verified by Aloop. Buyers should review all available information and use their own judgment.

Metals and materials. Jewelry can contain nickel, lead, cadmium or other metals, plating or materials that some people are sensitive or allergic to, and a plating can wear through to the metal beneath. The materials a piece is made of are the seller's statement; Aloop does not test them. If you have a sensitivity, check the listing's stated materials before you buy, ask yourself whether they are right for you, and stop wearing a piece that irritates your skin. If a piece's materials are not what its listing said, see the Buyer Protection & Returns Policy.

11. Prohibited items & conduct

You may not use the Service to list, sell, or facilitate anything that is illegal, stolen, counterfeit, or that you do not have the right to sell. You may not list items that violate applicable laws, including restricted materials such as certain ivory, protected-species, or hazardous materials. You also agree not to:

Reviews. A review must be about a purchase you made and your honest experience of it, and if you were given anything for writing it, you must say so. We may remove or decline to show a review that contains trade secrets or confidential information; is defamatory, harassing, abusive, obscene, vulgar or sexually explicit; contains another person's personal information or likeness; is discriminatory; is clearly false or misleading; that we reasonably believe is fake; or that is unrelated to the purchase. We do not remove a review because it is negative.

We decide, in our discretion, what may be listed on Aloop, and we may change the kinds of item we accept. We do not have to review content before it appears, but we may review, decline, restrict or remove any listing or other content, and we act on reports we receive.

12. Your content

12.1 You keep ownership. You keep ownership of the content you submit — photos, video, audio, listing text, your storefront name and profile, and reviews ("Your Content").

12.2 The license you give us. You grant Tarnish Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable license, sublicensable through multiple tiers as 12.3 describes, to host, store, copy, edit, adapt, translate, publicly display and perform, distribute, and make new works from Your Content, in any medium or format now known or later developed, in order to:

Editing includes cropping, cutting down, reordering, captioning, adding music, text, overlays and Aloop branding, and combining Your Content with other material.

12.3 Who else may use it. We may sublicense these rights, through multiple tiers, to our service providers, contractors, agencies and partners, and to the platforms and publishers that carry our marketing, for the purposes in 12.2. A platform that carries our ads also handles them under its own terms, which may let it use ads to run and improve its services. We do not sell Your Content.

12.4 Your name, likeness and voice. You consent, in writing, to Aloop using your name, username and storefront name, and any image, likeness and voice of you that appears in Your Content, for advertising and trade and for the other purposes in 12.2, as this section allows. On other companies' platforms, our ads and posts feature the jewelry: they may show it being worn — on a hand, wrist, neck, ear or other part of the body, including any tattoo or other mark the video shows — and credit your storefront by its name, but they do not show a person's face, include a person's voice, or use your personal name. This is how we use Your Content today, not a limit on the consent you give. If anyone else appears or can be heard in Your Content, you confirm that you have their permission — or, for someone under 18, a parent's or guardian's — for Aloop to use it as this section allows. We may ask you for written proof of that permission before we use Your Content in advertising outside Aloop, and may decline to use it without that proof. Your confirmation is a promise you make to us, not another person's consent: before we use another identifiable person's likeness, voice or name, or someone else's music, artwork or other protected material, in advertising outside Aloop, we obtain whatever authorization the law requires for that use. You grant only the rights you actually hold.

12.5 AI and new features. We may use Your Content, including published listings, to train, test and improve models and features that power Aloop — for example, features that suggest a title, a description or a caption, or that cut a short clip from a listing video. We do not use Your Content to build face prints or voice prints, to identify people, or to make a digital replica of anyone's face, body or voice. Where the app stores' rules require it, we ask your permission before we send personal information to another company's AI service. Suggestions made by AI can be wrong. If you sell, you are responsible for everything you submit in a listing, including any suggestion you accept, and Aloop does not check that a suggestion is accurate.

12.6 What we use in marketing. We use in marketing only listings and content that we have approved and published. We stop using content in marketing, and take it down from our channels and ads promptly, once we remove it for infringing someone's rights, as an intimate image shared without consent, or because of a legal hold.

12.7 No payment, credit or approval. You are not paid for these uses, we do not have to credit you, and we do not need your approval of how Your Content is used. To the extent the law allows, you waive, and agree not to assert against Aloop or anyone acting for it, any moral rights or similar rights in Your Content, such as rights of attribution or integrity.

12.8 If you delete content. The license continues after you delete content or close your account. When you delete a listing or your account, we stop showing that content on your listings and profile within a reasonable time, but we may keep and use copies, including in order records, evidence, backups, marketing already made, models already trained and statistics.

12.9 Your promises. You promise that you have the rights needed to grant this license, including to any tattoo, artwork, design or logo that appears in Your Content, and that Your Content, and our use of it as this section allows, does not infringe or violate any law or anyone's rights, including copyright and rights of privacy or publicity. We may remove content that breaks these Terms or our Policies. If you sell on Aloop, section 12 of the Seller Agreement also applies to your listing content.

12.10 Claims and reports. Photos and other material you send us with a claim, a report or a support request are used to decide and resolve that matter, to keep a record of it, and to prevent fraud and abuse. They are not used in marketing.

12.11 Privacy law comes first. This license is a license of copyright and similar rights. It does not override your privacy rights, any consent the law requires, or our Privacy Policy, and personal information in Your Content is handled as that policy and the law require. Private reports, support requests, identity documents, and information collected only to meet a law that requires us to verify sellers are never used in advertising or to train general-purpose generative AI models. Before we use personal information for a new purpose that is not compatible with the one it was collected for, we obtain any consent the law requires.

12.12 Reviews. The license in 12.2 is non-exclusive. Nothing in these Terms transfers to Aloop any intellectual-property right in a review you write, restricts you from writing an honest review of a purchase, or penalizes you for one.

To report copyright infringement, send a notice to our designated agent. Our Copyright & Repeat-Infringer Policy, which is part of these Terms, gives the agent's contact details and sets out what a notice and a counter-notice must contain, what we do when we receive one, and how we treat repeat infringers.

12B. Stolen goods & law enforcement

Selling stolen goods on Aloop is prohibited and results in suspension or permanent termination of the seller's account.

Reporting — you do not need an Aloop account. Anyone may report a suspected stolen item using our report form, by emailing reports@aloop.jewelry, or by calling +1-929-529-7717. Please include a link to the listing or the seller's name, and anything that identifies the item. If you believe an item of yours has been stolen, please also report it to your local police.

Law enforcement. Law enforcement agencies may contact us at reports@aloop.jewelry. We respond to lawful requests and, where the law requires, we notify law enforcement of listings we know or should know involve stolen goods.

What we do. When we receive a credible report we freeze the seller's payouts, remove the listing from public view, and preserve the records. A freeze is not a finding that anyone has done anything wrong, and it is reversed if the matter is cleared.

13. Intellectual property

The Service, including the Aloop name and wordmark, software, design, and content we provide (excluding Your Content), is owned by Tarnish Inc. or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose, subject to these Terms. All rights not expressly granted are reserved. The Aloop name and wordmark are the property of Tarnish Inc., and you may not use them without our prior written permission.

Feedback. If you send us ideas, suggestions or other feedback about the Service, you give us a non-exclusive, perpetual, irrevocable, royalty-free license to use it for any purpose, without paying or crediting you.

14. Third-party services

The Service relies on third-party providers, including a payment processor for payments, payouts and identity checks, video and image hosting and delivery providers, an email delivery provider, shipping label providers and carriers, a crash-reporting provider, and Apple's services for notifications, device checks and address suggestions. Your use of those features may be subject to the third party's own terms. Payments and payouts are processed by our payment processor, which is responsible for handling your payment credentials; Aloop does not store your full card number. The Aloop iOS app is distributed through the Apple App Store, and your use of it is also subject to Apple's applicable terms. We are not responsible for third-party services we do not control.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY LISTING, RANKING, OR SUGGESTION MADE BY AN AUTOMATED OR ARTIFICIAL-INTELLIGENCE FEATURE IS ACCURATE, OR THAT ANY ITEM, LISTING, OR SELLER WILL MEET YOUR EXPECTATIONS. TARNISH INC. IS NOT THE SELLER OF, AND IS NOT A PARTY TO THE SALE CONTRACT FOR, THE ITEMS SOLD BY SELLERS, AND DISCLAIMS RESPONSIBILITY FOR THE ITEMS AND CONDUCT OF ITS USERS, EXCEPT AS EXPRESSLY STATED IN THESE TERMS. TARNISH INC. IS, HOWEVER, A PARTY TO THESE TERMS AND THE MERCHANT OF RECORD FOR THE PAYMENT TRANSACTION, AND NOTHING IN THIS SECTION LIMITS ITS RESPONSIBILITIES FOR PAYMENT PROCESSING, PAYMENT REFUNDS, DISPUTES, OR CHARGEBACKS, OR ANY OBLIGATION THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW OR PAYMENT-NETWORK REQUIREMENTS. NOTHING IN THIS SECTION LIMITS WHAT THE BUYER PROTECTION & RETURNS POLICY PROVIDES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES ANY LIABILITY OR WARRANTY THAT APPLICABLE LAW DOES NOT PERMIT US TO EXCLUDE.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TARNISH INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATEST OF (A) THE TOTAL AMOUNT YOU PAID THROUGH THE SERVICE FOR THE TRANSACTION GIVING RISE TO THE CLAIM, (B) THE TOTAL FEES ALOOP RECEIVED FROM YOU FOR THAT TRANSACTION, OR (C) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

This section works both ways, and it has limits. The exclusion of indirect and consequential damages applies to you as it does to us, except for claims under Section 17. The cap applies to all claims arising from the same transaction together. Nothing in this section limits (a) liability for death or personal injury caused by negligence, for fraud, or for willful misconduct; (b) Aloop's obligation to refund you under the Buyer Protection & Returns Policy, or to pay out a seller's proceeds under the Seller Agreement; or (c) any liability the law does not allow to be limited.

17. Indemnification

Sellers. If you sell on Aloop, you will indemnify and hold harmless Tarnish Inc. and its officers, directors, employees, and agents against third-party claims, and the resulting damages, liabilities, and reasonable legal fees, to the extent they arise from your items, your listings, your breach of these Terms or the Seller Agreement, or your violation of law. This obligation is on the terms in section 11 of the Seller Agreement, and this section adds nothing to it. It does not apply to the extent a claim arises from Aloop's own breach, negligence, or misconduct.

Everyone else. If you do not sell on Aloop, you will indemnify and hold harmless Tarnish Inc. and its officers, directors, employees, and agents against third-party claims, and the resulting damages, liabilities, and reasonable legal fees, to the extent they arise from your use of the Service, Your Content (including a claim that our use of it as section 12 allows violates someone's rights), your breach of these Terms or our Policies, your violation of law or of anyone's rights, or your fraud or willful misconduct. It does not apply to the extent a claim arises from Aloop's own breach, negligence, or misconduct.

How a claim is handled. We will tell you promptly of a claim we ask you to cover. We may control its defense, with counsel reasonably qualified for it who has no conflict of interest in representing Aloop on it; you may take part with your own lawyer at your own cost; and we will not settle it in a way that admits fault for you, requires you to pay, or places any obligation on you other than paying money you owe under this section, without your consent. If you sell, section 11 of the Seller Agreement sets out the same procedure.

18. Suspension & termination

We may suspend or terminate your access to the Service, remove content, or cancel transactions if we reasonably believe you have violated these Terms or our Policies, created risk or legal exposure, or engaged in fraudulent or harmful conduct. We may also change, suspend or stop offering any feature, or the Service, for anyone or everyone, at any time and for any reason, with notice where we think it practical. We are not responsible for the effect such a change has on your sales, income or plans. You may stop using the Service and close your account at any time.

What happens to orders. Suspension or termination does not by itself cancel an order already placed: we either let it complete or cancel and refund it, as our Policies provide, and a seller's proceeds are paid out as the Seller Agreement describes. Sections that by their nature should survive termination, including Sections 12, 12A, 12B, 13, and 15 through 20B, will survive.

If we suspend or terminate your account, you may not create a new account, or use someone else's, to access the Service without our written permission.

19. Governing law, arbitration & disputes

Please read this section carefully. It affects your legal rights. Unless you opt out under 19.8, most disputes between you and Aloop will be decided by a neutral arbitrator, not a judge or jury, in an individual case, and you and Aloop each give up the right to bring or join a class action.

19.1 Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. We choose Delaware because Tarnish Inc. is incorporated there, so one body of law governs the company and its agreements.

This choice does not take away consumer protections you already have. Where the mandatory consumer-protection law of the place you live gives you rights or remedies that Delaware law would not, that law applies to you and this section does not displace it. In particular, nothing in these Terms waives, limits, or purports to waive any right a California resident has under the Consumers Legal Remedies Act, the Unfair Competition Law, or the False Advertising Law.

19.2 Talk to us first

Before starting a formal proceeding, please write to legal@aloop.jewelry describing the dispute and the outcome you want. The notice must be about your own dispute, one notice per person, and include the email address on your account; Aloop's notice to you will likewise be about your dispute alone. Either party may start a proceeding if the dispute is not resolved within 60 days. This step does not delay any deadline for bringing a claim, and any limitation period is paused while it runs.

19.3 Arbitration

Any dispute arising out of or relating to these Terms or the Service that is not resolved under 19.2 will be resolved by binding individual arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures (or, where a claim exceeds $250,000, the JAMS Comprehensive Arbitration Rules & Procedures) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses, each as in effect when the demand is filed, before one arbitrator. The JAMS Consumer Arbitration Minimum Standards of Procedural Fairness apply to this section, and where they give you more than this section does, they govern. You may choose to have your case heard by telephone, by video, on documents only, or in person in the county where you live. This applies to both of us equally: Aloop must arbitrate its claims against you on the same terms.

You are not giving up your right to a hearing. Each of us may take the discovery reasonably needed to present the claim, and the arbitrator decides what that is. If either of us may appeal an award, so may the other, on the same grounds.

Who decides what. The arbitrator decides whether a claim must be arbitrated, except that a court decides whether 19.4, 19.5 or 19.7 is enforceable or applies to a claim.

The Federal Arbitration Act. These Terms involve interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the interpretation and enforcement of this section 19.

One procedure. This section 19 is the only dispute-resolution procedure between you and Aloop for disputes about the Service, including disputes under the Policies, any Program and any beta or test program; none of them creates a different forum, waiver or opt-out. If you also sell, section 9 of the Seller Agreement governs disputes about selling, on the same terms as this section; a dispute that concerns both is governed by section 9. Each has its own opt-out (19.8 and Seller Agreement 9.10), and opting out of one does not opt you out of the other.

19.4 What is not arbitrated

19.5 Class waiver

Claims will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Grouping under 19.7 is not a consolidated or representative proceeding; every claim in a group remains an individual claim. This does not apply to a claim for public injunctive relief under 19.4, which is carved out above. If this waiver is held unenforceable as to a particular claim, that claim alone is severed and proceeds in court; the rest of this section still applies to the remaining claims.

19.6 Who pays

If you start an arbitration, you pay the filing fee the JAMS Consumer Arbitration Minimum Standards named in 19.3 let JAMS charge a consumer (no more than $250 today), unless you tell us that paying it would be a hardship, in which case Aloop pays it. Aloop pays all other JAMS fees and all of the arbitrator's fees and costs for any claim you bring as an individual, and all of them for any claim Aloop brings against you. If the arbitrator finds your claim frivolous or brought for an improper purpose, the arbitrator may reallocate fees only as far as those Standards and applicable law allow, and never so that you pay Aloop's own fees or costs. Aloop pays those fees when they fall due. Each party pays any fee JAMS invoices to it within 30 days of the invoice. Each of us pays our own lawyers unless the law or the arbitrator says otherwise.

19.7 Coordinated filings

If 25 or more similar demands for arbitration are filed against Aloop by claimants represented by the same or coordinated counsel, the JAMS Mass Arbitration Procedures and Guidelines apply, and you and Aloop agree, as those Procedures allow, that 25 is the number that defines a Mass Arbitration under them. The JAMS Process Administrator may group demands that raise common questions into groups of no more than 100, solely so they can be administered efficiently. Each group is heard by one arbitrator, and:

There are no bellwether or test cases. Where this section 19 and any JAMS rule, policy or procedure differ, whichever gives you more protection applies, and nothing in the Mass Arbitration Procedures or in a Process Administrator's decision reduces a protection that this section 19 or those Minimum Standards give you.

19.8 Opting out

You may opt out of 19.3, 19.5 and 19.7 by writing to legal@aloop.jewelry within 30 days of first accepting these Terms, saying that you opt out and giving the name on your account. A later change to this section 19 can be rejected separately, within 30 days after we notify you of it or after you accept it in the app, whichever is later (section 20). Opting out costs you nothing and changes nothing else — we will not treat you differently for it, and the rest of these Terms is unaffected.

19.9 Court proceedings and severability

A dispute that is not arbitrated may be brought in the state or federal courts for the county where you live, or in Delaware. Aloop will bring any court claim against you in the county where you live. A small-claims case may be brought in the small-claims court for the county where you live. To the extent the law allows, you and Aloop each give up any right to a jury trial in a dispute that proceeds in court. This jury waiver does not apply where the law does not allow it to be agreed in advance, including in a California state court. If any provision of these Terms is found unenforceable, it is limited or removed to the minimum extent necessary and the remaining provisions stay in effect — except that if a provision of this section 19 is found unenforceable and cannot be cured by limiting or removing it, section 19.3 does not apply and the dispute proceeds in court.

20. Changes to these Terms

We may update these Terms and our Policies. How a change reaches you depends on what kind of change it is:

Orders are governed by the version in force when they were placed. A change to these Terms or to a Policy never applies to an order placed before the change takes effect, except where the law requires it. Every version keeps its own identifier. We record the identifier of the version you accepted, keep the exact text of every version of these Terms and the Policies, and keep earlier versions available on our website, so the version that applies to your acceptance and to each of your orders can always be read. Once a version has been published, we do not change its text under the same identifier: a change is a new version, with the notice this section describes. Before any significant change takes effect, we also give the notice the law requires to the app stores that distribute the Aloop app.

Changes to section 19. We will give you at least 30 days' notice by email and in the app before a change to section 19 takes effect. A change to section 19 does not apply to a claim that arose, or that either of us had written notice of, before it takes effect. You may reject a change to section 19 by writing to legal@aloop.jewelry within 30 days after we notify you, or after you accept the change in the app, whichever is later; if you do, the version of section 19 you last accepted continues to apply to you.

20A. Notice to California residents

Under California Civil Code section 1789.3, California users are entitled to the following notice.

The provider of the Service is:
Tarnish Inc.
418 Broadway #12344
Albany, NY 12207
+1-929-529-7717

Charges. Aloop charges buyers no fee to use the Service. When you buy, Aloop charges you the price of the piece, its shipping and any sales tax, all shown at checkout before you pay. Sellers pay the fees in the Seller Agreement on a completed sale, disclosed before listing and again on a sold order. We do not charge a subscription or a fee for creating an account.

Complaints. To resolve a complaint about the Service, or to receive further information about using it, contact us at support@aloop.jewelry or at the address above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Your privacy. We do not sell or share personal information as those terms are defined by California law. You can ask us for a copy of your personal information, and ask us to correct or delete it, as our Privacy Policy explains.

20B. General terms

21. Contact us

Questions about these Terms can be sent to:

Tarnish Inc.
418 Broadway #12344
Albany, NY 12207
Telephone: +1-929-529-7717
Email: legal@aloop.jewelry

Other ways to reach us:

Related policies. Buyer Protection & Returns · Seller Agreement · Copyright & Repeat-Infringer Policy · Report an intimate image · Privacy Policy