Rinkya Authentication — Terms of Service
Effective Date: [Draft]
These Terms of Service ("Terms") govern the use of the authentication and certification services provided by Rinkya, Inc. ("Rinkya," "we," "us," or "our") under the program known as Rinkya Authentication (the "Service").
By submitting an item to the Service or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
For purposes of these Terms:
- "Authentication" means an expert opinion rendered by Rinkya based on the evidence available at the time of inspection.
- "Item" means the physical object submitted by a user for review under the Service.
- "User" means any individual or entity that submits an Item to the Service or otherwise uses the Service.
- "Authentication Result" means Rinkya's conclusion regarding an Item, which may include Authenticated, Not Authenticated, or Inconclusive / Unable to Authenticate.
- "Inconclusive" means that, based on the available evidence, Rinkya cannot reasonably reach a definitive conclusion.
- "Record" means the digital verification record created by Rinkya, which may include photographs, imaging data, descriptive metadata, hashes, timestamps, and verification status.
- "Seal" means a tamper‑evident label or other physical indicator applied to an Item or its packaging.
2. Nature of the Service
2.1 The Service consists of the physical inspection of submitted Items, evidence capture, documentation, and issuance of an Authentication Result and Record.
2.2 Authentication is an expert opinion based on the evidence reasonably available at the time of inspection. It is not a statement of absolute fact, warranty, guarantee, or promise of authenticity, value, provenance, or condition.
2.3 The Service does not certify monetary value, appraised value, investment performance, insurability, merchantability, or future market acceptance.
2.4 No Authentication Result shall be construed as legal advice, appraisal, or title verification.
3. Eligibility and Submission
3.1 Rinkya may limit the categories of Items eligible for the Service and may reject any submission at its discretion.
3.2 Users represent and warrant that:
- They have the legal right to submit the Item.
- The Item submitted is the same Item described in the application.
- All information provided is accurate to the best of their knowledge.
3.3 Items submitted in a condition materially different from what was represented may be rejected or result in cancellation of the Service.
4. Handling, Inspection, and Repackaging
4.1 Users authorize Rinkya to handle, inspect, photograph, image, and document the Item as reasonably necessary to perform the Service.
4.2 Certain Services may require opening, unsealing, or removing Items from existing packaging. Users acknowledge that Items may not be returnable to their original unopened state.
4.3 Except in cases of gross negligence or willful misconduct, Rinkya is not responsible for changes in value resulting from necessary inspection or resealing.
5. Authentication Results and Reliance
5.1 Possible outcomes include: Authenticated, Not Authenticated, Inconclusive / Unable to Authenticate.
5.2 An Inconclusive result is not a failure and does not imply that an Item is inauthentic.
5.3 Authentication Results reflect Rinkya's opinion at the time rendered. Users acknowledge that reasonable experts may disagree and that conclusions may change if new or contradictory evidence becomes available.
5.4 Users agree not to rely on Authentication Results as the sole basis for any purchase, sale, insurance placement, valuation, or investment decision.
6. Fees, Refunds, and No Chargebacks
6.1 Users must pay all applicable Service fees as specified by Rinkya.
6.2 Except where expressly stated otherwise, fees are non-refundable once inspection, evidence capture, or analysis has begun.
6.3 Users agree not to initiate chargebacks or payment disputes for Services properly rendered. Improper chargebacks may result in denial of future services.
7. Shipping, Insurance, and Risk of Loss
7.1 Users are responsible for proper packaging, declared value accuracy, and insurance coverage when shipping Items to Rinkya.
7.2 Risk of loss transfers to Rinkya only upon confirmed physical receipt and transfers back to the User upon tender to the outbound carrier.
7.3 Rinkya is not an insurer and assumes no responsibility for carrier loss, customs seizure, delay, or damage except to the extent required by law.
8. Seals, Records, Verification, and Intellectual Property
8.1 If applied, Seals link an Item to its Record solely at the time of certification.
8.2 Any removal, damage, alteration, transfer, or attempted reuse of a Seal immediately voids the certified state of the Item.
8.3 Records may be publicly viewable. Rinkya makes no representation regarding third-party interpretation, acceptance, or reliance on Records.
8.4 All photographs, imaging, documentation, and Records created as part of the Service are the intellectual property of Rinkya. Users are granted a non-exclusive, revocable license to display Records only in direct connection with the certified Item and without modification.
9. Cancellations, Refusals, and Incomplete Submissions
9.1 Rinkya may cancel or refuse the Service at any stage if:
- The Item does not meet eligibility requirements.
- The Item differs materially from the submission description.
- Required information, access, or documentation is missing.
- Fraud, misrepresentation, or prohibited conduct is suspected.
9.2 If inspection has not yet begun, Rinkya may refund fees at its discretion. Once inspection or evidence capture has begun, fees are non-refundable unless otherwise stated.
9.3 Returned Items shall be shipped at the User's expense unless otherwise agreed.
10. Prohibited Conduct
Users may not:
- Submit Items solely to obtain documentation, images, or Records without intent to retain certification.
- Submit altered, substituted, or intentionally misrepresented Items.
- Remove, transfer, or reuse Seals or labels on different items.
- Misuse Authentication Results or Records to deceive others or misrepresent scope, certainty, or endorsement.
- Represent Rinkya Authentication as a guarantee of value, provenance, or future resale success.
11. Disclaimers
11.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." AUTHENTICATION RESULTS ARE OPINIONS BASED ON AVAILABLE EVIDENCE AT THE TIME OF REVIEW.
11.2 RINKYA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
11.3 Rinkya does not guarantee that third parties, marketplaces, auction houses, insurers, or buyers will accept or rely on any Authentication Result.
12. Limitation of Liability and Damages Waiver
12.1 To the maximum extent permitted by law, Rinkya shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of value, loss of market opportunity, loss of profit, or reputational harm.
12.2 Rinkya's total aggregate liability for any claim relating to the Service shall not exceed the total fees paid by the User for the specific Service giving rise to the claim.
12.3 Users expressly waive any claims for diminution in value allegedly resulting from inspection, resealing, labeling, or publication of Records.
13. Indemnification
Users agree to indemnify, defend, and hold harmless Rinkya, its officers, directors, employees, advisors, and contractors from any claims, losses, damages, or expenses arising out of:
- Submission of the Item;
- Use or misuse of Authentication Results or Records;
- Breach of these Terms; or
- Violation of any law or third-party rights.
14. Privacy
Rinkya's handling of personal information and submission data is governed by its Privacy Policy, which is incorporated by reference.
15. Governing Law, Arbitration, Venue, and Class Action Waiver
15.1 These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles.
15.2 Any dispute arising out of or relating to the Service shall be resolved by binding arbitration in Arizona, except that Rinkya may seek injunctive relief in court for misuse of Seals, Records, or intellectual property.
15.3 USERS WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, REPRESENTATIVE ACTIONS, OR JURY TRIALS.
16. Force Majeure and Changes to Terms
16.1 Rinkya shall not be liable for delays or failures caused by events beyond reasonable control, including natural disasters, labor disruptions, carrier failures, customs actions, or governmental orders.
16.2 Rinkya may update these Terms at any time by posting revised Terms. Continued use of the Service constitutes acceptance of the revised Terms.
17. Abandoned Items
17.1 If a User fails to arrange return shipment, pay required fees, or accept delivery within thirty (30) days after notice, the Item may be deemed abandoned.
17.2 Rinkya may, at its sole discretion, store, dispose of, donate, or otherwise handle abandoned Items without liability.
18. Assignment, Severability, and Survival
18.1 Users may not assign these Terms without Rinkya's prior written consent. Rinkya may assign these Terms freely.
18.2 If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.
18.3 Sections relating to liability, intellectual property, indemnification, dispute resolution, and abandoned Items shall survive termination.
19. Contact Information
Rinkya, Inc.
[Address]
[Email]