Legal
Terms of Service
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 and by our Privacy Policy, which is incorporated here by reference. 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.
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, inspect (except as described in these Terms or in-app), warehouse, or take title to the items listed by sellers, 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. The Service is intended for users in jurisdictions where it is available. 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.
4. Accounts
To use most features you must create an account. You agree to provide accurate information, keep it up to date, and keep your login credentials secure. You are responsible for all activity that occurs under your account. Notify us promptly at [email protected] 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:
- host listings and provide the discovery and communication experience;
- accept and process the buyer's payment as the merchant of record for the payment transaction, through our third-party payment processor;
- provide shipping tools, tracking, and shipping guardrails;
- administer the buyer-protection and dispute-resolution framework described below; and
- enforce these Terms and our policies.
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"), 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. Payment is processed at checkout through our payment processor (see Section 14); by purchasing, you authorize the charge. A listing is an invitation to purchase, and a sale is confirmed only when payment is successfully captured and the order is accepted.
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:
- you have the legal right to sell each item and to transfer good title, free of any liens or claims;
- your listings are accurate, complete, and not misleading, including photos, video, materials, measurements, condition, and any authenticity or provenance claims;
- you will honor the price and terms of any confirmed sale and ship within the required window using the shipping method and guardrails Aloop provides;
- you will comply with our prohibited-items policy (Section 11) and all applicable laws, including consumer-protection, hallmarking, precious-metals, endangered-species (for example, restrictions on ivory, coral, and certain gemstones), and import/export laws; and
- you are responsible for your own income taxes and for any regulatory obligations that apply to you as a seller.
Fees. Aloop charges sellers a service fee on completed sales, disclosed in the app before you list and at the time of sale. Fees, and any applicable payment-processing costs, are deducted from your sale proceeds. We may change our fees on a prospective basis with notice; changes do not affect sales already confirmed.
Payouts. Seller payouts are made through our payment processor to the payout account you connect and are released after the order is completed, subject to holds for returns, disputes, chargebacks, suspected fraud, or policy violations. You must provide accurate payout and identity information as required by our payment processor's onboarding and verification requirements.
Payment merchant of record. Aloop, not you, is the merchant of record for payment-processing purposes for orders processed through Aloop's platform payment account. Aloop accepts payment from buyers, appears on buyers' payment statements, receives transaction proceeds, settles amounts to you, and administers refunds, reversals, payment disputes, and chargebacks. As between Aloop and you, you are responsible for amounts and losses resulting from your breach, an inaccurate listing, an authenticity or condition issue, a failure to fulfill, a return obligation, an unlawful item, or a buyer remedy, refund, reversal, or chargeback you cause, and you authorize Aloop to recover those amounts through a reserve, offset, deduction from amounts payable, or reversal of a transfer. That internal allocation does not make you the merchant of record, transfer Aloop's payment-network liability to the buyer, or limit any obligation Aloop owes a buyer. You must not represent that you are the merchant of record for an Aloop payment, that the buyer's payment was made directly to you, or that Aloop has no responsibility for payment refunds, disputes, or chargebacks.
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:
- If an item does not arrive, or arrives significantly not as described, a buyer may open a request within the window and following the process described in the app.
- We may request evidence (such as photos or documentation) from either party and may facilitate a return, a partial or full refund, or another resolution.
- The physical return of an item is handled by the seller in accordance with this framework. Aloop administers and issues any approved payment refund through the original payment method via our payment processor. Where a payout has already been released to a seller, we may reverse or recover the corresponding amount from the seller; that internal allocation does not limit your rights against Aloop concerning the payment transaction.
- Buyer's remorse, minor variations disclosed in the listing, and normal characteristics of pre-owned items are generally not covered.
The specific coverage, time windows, and steps are presented in the app at the relevant time and form part of these Terms. 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.
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 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.
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:
- post false, misleading, infringing, or unlawful content;
- circumvent Aloop's checkout, fees, or communication tools, or arrange off-platform payment to evade buyer protection;
- engage in fraud, money laundering, or deceptive, harassing, or abusive behavior;
- infringe others' intellectual-property or privacy rights;
- interfere with, scrape, reverse-engineer, or attempt to gain unauthorized access to the Service; or
- use the Service to transmit malware or to violate any applicable law or third-party right.
12. Your content
You retain ownership of the content you submit, including photos, video, and listing text ("Your Content"). You grant Tarnish Inc a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt, display, and distribute Your Content for the purposes of operating, promoting, and improving the Service. You represent that you have the rights necessary to grant this license and that Your Content does not violate any law or third-party right. We may remove content that violates these Terms or our policies.
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.
14. Third-party services
The Service relies on third-party providers, including a payment processor for payments and payouts, an identity/authentication provider, media hosting and delivery providers, and shipping carriers. 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, 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. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
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 GREATER OF (A) THE TOTAL FEES ALOOP RECEIVED FROM YOU FOR THE TRANSACTION GIVING RISE TO THE CLAIM, OR (B) 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.
17. Indemnification
You agree to indemnify and hold harmless Tarnish Inc and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, Your Content, your items or sales, your violation of these Terms, or your violation of any law or third-party right.
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. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination, including Sections 12, 13, and 15 through 20, will survive.
19. Governing law & disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except where mandatory local consumer-protection law applies to you. Subject to that, you agree that the state and federal courts located in Delaware will have jurisdiction over disputes not otherwise resolved, and you consent to venue there. Nothing in this section deprives you of the protection of mandatory consumer laws of your country of residence. If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
20. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms here with a new "Last updated" date or notifying you in the app. Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
21. Contact us
Questions about these Terms can be sent to:
Tarnish Inc
Email: [email protected] · [email protected]
Web: aloop.jewelry/contact