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Terms of Service

1. Introduction

Welcome to Collect Foundation, operated by Ethernal Labs, Inc. d/b/a Collect Foundation (“Collect Foundation,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our mobile app, website, web app, and other services (collectively, the “Services”). By accessing or using the Services, you agree to comply with these Terms.

Collect Foundation offers a dynamic marketplace where users can buy, sell, and trade high-end collectibles. All collectibles are securely stored in a Brinks-operated vault, and ownership is transferred via blockchain technology. Users also benefit from innovative features like our Buyback Program, which allows eligible collectibles to be sold back to Collect Foundation for added liquidity and flexibility.

Please read these Terms carefully, as they affect your legal rights. If you do not agree to these Terms, you must not access or use the Services. Collect Foundation is available only to residents of the United States.

2. Definitions

User: Any individual accessing or using the Services.

Ownership Title: A blockchain-based certificate representing ownership of a physical item stored in our vault.

Vault: A secure facility operated by Brinks, where physical collectibles are stored.

Transaction: Any sale, purchase, or trade conducted via the Services.

3. Account Registration and Eligibility

Eligibility: The Services are available only to U.S. residents aged 18 or older.

Account Setup: You must create an account and provide accurate, up-to-date information.

Account Security: You are responsible for all activity on your account and must keep your login details secure.

Additional Verification: We may require additional information or documents to comply with laws or address suspicious activities.

4. Services Offered

Collect Foundation offers a marketplace for high-end collectibles. All items are stored in a secure Brinks vault. Ownership of these items is transferred via a blockchain system. Users can buy, sell, and trade these collectibles without taking physical possession, unless explicitly requested.

a. Selling Collectibles

Ownership: Sellers certify that they own the items listed for sale and have the right to transfer ownership.

Vault Storage: All items listed are stored at the Brinks vault and remain in storage unless redeemed by the buyer.

Ownership Title Transfer: The ownership of collectibles is transferred through blockchain when a transaction is completed.

b. Buying Collectibles

Purchase and Payment: Once a purchase is made, the transaction is binding, and no refunds will be issued unless otherwise stated.

Non-Redemption: Buyers may keep items stored in the vault indefinitely and continue trading the ownership titles without taking possession of the physical items.

c. Vault Storage and Delivery

Vault Security: Items are securely stored in a Brinks vault. Collect Foundation is not responsible for any damage, theft, or loss except in cases of gross negligence by Brinks.

Item Redemption: Users may request the physical delivery of items by paying applicable fees for shipping and handling. Collect Foundation reserves the right to verify your identity and ownership before releasing the items.

d(i). Buyback Program

The Buyback Program allows users to sell eligible collectibles directly back to Collect Foundation at a percentage of the Fair Market Value (FMV). This feature provides flexibility and liquidity, especially for items acquired through curated drops.

How It Works

  1. Eligibility: Only collectibles purchased through Collect Foundation’s curated drops or mystery cases are eligible for the Buyback Program.
  2. Offer and Valuation: Collect Foundation evaluates the collectible’s FMV using data from trusted sources such as eBay, GoCollect, TCGplayer, and Heritage Auctions.
  3. Offer Validity: Offers range from 70% to 90% of FMV and are valid for seven (7) days from the time they are issued.
  4. Acceptance and Payment: Users who accept the offer will have the agreed amount credited to their Collect Foundation wallet immediately.
  5. Finality: Once a buyback offer is accepted, the transaction is final, and ownership of the collectible is permanently transferred to Collect Foundation.

Important Notes:

• Offers not accepted within the seven-day validity period will expire and cannot be reinstated.

• Collectibles physically redeemed from the vault are ineligible for the Buyback Program.

• Collect Foundation reserves the right to adjust buyback percentages based on current market trends and conditions.

d(ii). Originator Royalty Program

The Originator Royalty Program incentivizes users to submit collectibles to the vault by granting a 2% royalty on all subsequent resales of those collectibles on the Collect Foundation marketplace.

How It Works

  1. Submission and Initial Sale: Upon submission to the vault, the user becomes the originator of the collectible.
  2. Subsequent Resales: Originators earn a 2% royalty on each resale of their collectible within the Collect Foundation marketplace.
  3. Termination: Royalty payments cease when the collectible is physically redeemed from the vault.

Important Notes:

• The Royalty Program applies exclusively to collectibles submitted by the originator.

• Royalties do not apply to collectibles acquired through curated drops or secondary marketplace purchases.

• Once a collectible is redeemed, it exits the Collect Foundation marketplace, and royalties are no longer applicable.

d(iii). Drops (Mystery Cases/Blind Boxes)

Collect Foundation’s curated drops offer users the chance to purchase mystery cases or blind boxes containing randomized collectibles.

How It Works

  1. Purchase: Users can purchase up to ten (10) cases per transaction.
  2. Reveal or Keep Sealed: Users can choose to open the case to reveal its contents or keep it sealed for resale.
  3. Post-Reveal Options: Revealed collectibles can be listed for sale, redeemed, or held in the vault.

Important Notes:

• Collect Foundation does not guarantee specific outcomes, values, or rarity of items.

• Purchases of drops are final and non-refundable.

• Items acquired through drops are eligible for the Buyback Program at 70–90% of FMV.

d(iv). Collectible Submissions

The Collectible Submission process allows users to send their graded collectibles to Collect Foundation for secure storage, digitization, and participation in the marketplace.

How It Works

  1. Users can use a prepaid shipping label provided by Collect Foundation to send their collectibles.
  2. Once received, collectibles are securely stored in a Brinks vault.
  3. A Digital Ownership Certificate (DOC) is created to represent the collectible on the blockchain.

Important Notes:

• Only collectibles graded by approved companies (e.g., CGC, PSA, Beckett) are eligible.

• Non-compliant submissions will be returned.

• Collect Foundation is not responsible for shipping issues before receipt.

5. Fees and Payments

Transaction fees, payment processing, and taxes are handled in accordance with Collect Foundation’s payment partners and applicable laws.

6. User Responsibilities and Acceptable Use

You agree not to list counterfeit, illegal, or prohibited items, manipulate transactions, or use bots.

Insiders and affiliated individuals are restricted from participating in retail sales, except with written authorization from Collect Foundation.

7. Intellectual Property

All content on Collect Foundation, including logos, designs, and software, is the property of Collect Foundation or its licensors.

By submitting content, you grant Collect Foundation a non-exclusive, royalty-free license to use it in connection with the Services.

8. Dispute Resolution and Arbitration

Disputes arising out of or relating to the Services will be resolved through binding arbitration under U.S. law. You waive your right to a jury trial and class action participation.

You may opt out within 30 days by contacting contact@collectfoundation.io.

9. Privacy

Collect Foundation is committed to protecting your privacy. Please review our Privacy Policy for details.

10. Modifications to the Terms

Collect Foundation may modify these Terms at any time with reasonable notice. Continued use of the Services constitutes acceptance of the updated Terms.

11. Limitation of Liability

Collect Foundation provides the Services “as is.” To the fullest extent permitted by law, Collect Foundation is not liable for indirect, incidental, or consequential damages.

12. Termination

Collect Foundation reserves the right to suspend or terminate your account at any time for violations of these Terms.

13. Governing Law

These Terms are governed by the laws of the State of New York. Any legal proceedings shall be brought exclusively in New York County courts.

14. Contact Information

For questions, contact: contact@collectfoundation.io

15. Account Closure and Handling of Funds

If you request to close your account, Collect Foundation will confirm via email and provide instructions for withdrawing funds or transferring assets.

You must act within 60 days. Unclaimed funds may be handled under escheatment laws.

Collect Foundation assumes no liability for unclaimed property.

16. Business Continuity and Event of Closure

If Collect Foundation ceases operations, users will have at least 60 days to redeem or withdraw assets.

Collect Foundation will coordinate with vault providers to release physical items and enable digital asset transfers.

Unclaimed property may be held or transferred per law. Collect Foundation is not liable for market value losses or delays caused by third parties.

17. Indemnification

You agree to indemnify and hold harmless Collect Foundation, its affiliates, and representatives from any claims, losses, or damages arising from your use of the Services or violation of these Terms.

18. Force Majeure

Collect Foundation shall not be liable for delays or failures caused by circumstances beyond its control, including natural disasters, war, strikes, or governmental actions.