Terms of Service

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the OCTARR platform ("Platform") operated by  OCTARR B.V. ("OCTARR", "we", "us", "our"). By accessing or using the Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Platform.

2. About OCTARR

2.1 Our Purpose

OCTARR is a cultural stewardship platform that connects people with extraordinary collectables through both fractional and whole guardianship opportunities. We discover collectables with compelling stories, research them deeply, and invite contemporary artists and artisans to create inspired works, building creative ecosystems where original and new remain connected. Each offering may have a unique structure tailored to the collectable and community involved.

2.2 What We Are Not

OCTARR is not:

• An investment platform or financial service
• A securities exchange or trading facility
• A provider of financial, investment, or legal advice
• A guarantor of value appreciation or financial returns

The interests offered through OCTARR, whether fractional or whole, represent cultural stewardship rights, not financial securities or investment products.

3. Eligibility and Account Registration

3.1 Age and Capacity

You must be at least 18 years of age and have the legal capacity to enter into binding contracts in your jurisdiction.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities conducted through your account
• Securing your blockchain wallet and private keys
• Notifying us immediately of any unauthorised access

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4. Guardianship Models

4.1 Offering Structures

OCTARR offers collectables through various models, which may include:

• Fractional guardianship, multiple guardians sharing stewardship of a single collectable
• Whole guardianship, a single guardian acquiring complete stewardship rights
• Traditional acquisition, direct purchase with physical transfer and traditional authentication
• Hybrid models, combinations tailored to specific collectables

The specific structure for each offering will be clearly stated in the offering documentation.

4.2 Traditional Collectible Acquisition

a. Physical Transfer
You may acquire a collectable outright with immediate physical possession and traditional legal transfer of ownership.

b. Authentication Documentation
You will receive traditional certificates of authenticity and provenance from recognised authorities, along with OCTARR research and historical documentation.

c. Blockchain Independence
You are not required to engage with blockchain technology. Any blockchain tokens may be permanently removed upon request.

d. Full Ownership Rights
Traditional acquisitions grant complete ownership rights to the physical collectable, subject to applicable laws.

e. Optional Participation
Participation in OCTARR’s creative ecosystem remains entirely voluntary.

4.3 Technology Platforms

Guardianship may be recorded and managed through:

• Blockchain technology
• Traditional legal documentation
• Hybrid approaches combining both

The technology platform used will be specified in the offering documentation.

4.4 General Guardianship Rights

When you acquire guardianship through OCTARR, you may receive rights including:

• Authentication and provenance verification
• Participation in the cultural legacy of the collectable
• Connection to the creative ecosystem of inspired works
• Automatic artist resale rights distribution where applicable
• Built-in philanthropic contribution mechanisms where applicable

Specific rights are detailed per offering.

4.5 What Guardianship Does Not Include

Unless explicitly stated, guardianship does not grant:

• Physical possession, except where whole guardianship includes possession
• Decision-making authority over location or use
• The right to physically divide fractionally owned collectables
• Unlimited reproduction or commercial exploitation rights
• Any guarantee of financial return or value appreciation

4.6 Storage, Insurance, and Care

OCTARR or designated custodians are responsible for storage, insurance, and conservation unless otherwise specified.

4.7 Blockchain Technology (Where Applicable)

You acknowledge that:

• Blockchain transactions are generally irreversible
• You are responsible for wallet security
• OCTARR cannot recover lost private keys
• Network gas fees may apply

5. Artist Resale Rights and Automatic Philanthropy

5.1 Embedded Systems

Many offerings include systems for:

• Artist resale rights distribution
• Philanthropic contributions
• Economic connections between original and inspired works

These systems may be automated or contractual depending on structure.

5.2 Non-Optional Participation

Where these systems exist, participation is mandatory.

5.3 Distribution Mechanics

[LEGAL COUNSEL SHOULD SPECIFY DETAILS]

6. Pricing, Payment, and Fees

6.1 Pricing
All prices are stated in [CURRENCY].

6.2 Payment Methods
We accept [SPECIFY PAYMENT METHODS].

6.3 Platform Fees
[SPECIFY FEES]

6.4 Blockchain Fees
You are responsible for gas fees where applicable.

7. Intellectual Property

All platform content is owned by OCTARR or licensors. Guardians receive a limited licence for personal, non-commercial display and social sharing with attribution.

8. Platform Use and Prohibited Conduct

You agree to lawful use only.

You must not:

• Break laws
• Infringe intellectual property
• Commit fraud
• Manipulate markets
• Launder money
• Disrupt the platform
• Attempt unauthorised access
• Harvest user data
• Impersonate others

9. Authentication and Provenance

OCTARR conducts thorough research but cannot guarantee immunity from future scholarly dispute. All known material information will be disclosed.

10. Resale and Transfer

Transfer rules depend on offering structure and must comply with law and embedded rights systems. Details appear in offering documentation.

11. Disclaimers and Limitation of Liability

The Platform is provided "as is". OCTARR provides no financial guarantees. Liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify OCTARR against claims arising from your use, breach, or disputes.

13. Modifications to Terms and Platform

We may modify these Terms or the Platform. Continued use constitutes acceptance.

14. Termination

You may terminate your account. We may suspend or terminate for breaches or legal reasons. Existing guardianships and key legal clauses survive termination.

15. Dispute Resolution

Governing Law
The laws of The Netherlands apply.

Jurisdiction
Disputes are subject to Dutch courts.

Arbitration
[LEGAL COUNSEL TO CONFIRM]

16. General Provisions

• Entire Agreement
• Severability
• Waiver
• Assignment
• Notices
• Force Majeure

17. Contact Information

OCTARR B.V.
High Tech Campus 5
5656 AE Eindhoven
The Netherlands
Info@octarr.com

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