Authentication Services Terms & Conditions

Saconde & Saconde, LLC — Authentication Services Terms & Conditions — Effective Date: August 13, 2026

Saconde, LLC
Effective Date: August 13, 2026
Company Name: Saconde, LLC
Principal Place of Business: New York, New York, United States
Website: www.saconde.com
Mobile Applications: Saconde mobile applications, including applications made available for iOS, Android, or other supported platforms
Retail/Showroom Location: 521 W 26th St, Floor 5, New York, NY 10001
Contact: hello@saconde.com

IMPORTANT LEGAL NOTICE#

PLEASE READ THESE TERMS CAREFULLY.

THESE TERMS CONTAIN IMPORTANT PROVISIONS REGARDING:

THE USE OF HUMAN AUTHENTICATORS, ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, COMPUTER VISION, AND OTHER AUTOMATED TECHNOLOGIES;
THE NATURE AND LIMITATIONS OF AUTHENTICATION DETERMINATIONS;
THE USE OF USER-SUBMITTED PHOTOGRAPHS, VIDEOS, DATA, AND OTHER MATERIALS;
CERTIFICATE USE AND REVOCATION;
A LIMITED FINANCIAL PROTECTION PROGRAM, IF OFFERED FOR AN ELIGIBLE AUTHENTICATION;
DISCLAIMERS OF WARRANTIES;
LIMITATIONS OF LIABILITY;
BINDING INDIVIDUAL ARBITRATION;
A CLASS ACTION WAIVER; AND
A 30-DAY RIGHT TO OPT OUT OF ARBITRATION.

NOTHING IN THESE TERMS WAIVES OR LIMITS ANY RIGHT OR REMEDY THAT CANNOT LAWFULLY BE WAIVED UNDER APPLICABLE FEDERAL, STATE, OR LOCAL LAW.

1. AGREEMENT AND SCOPE#

1.1 Parties#

These Authentication Services Terms and Conditions (“Authentication Terms” or “Terms”) form a legally binding agreement between you (“User,” “you,” or “your”) and Saconde, LLC, doing business as Saconde and/or Saconde Luxe (“Saconde,” “Company,” “we,” “us,” or “our”).

1.2 Authentication Services#

These Terms govern your access to and use of any authentication, verification, identification, fraud-screening, certification, inspection, image-analysis, artificial-intelligence-assisted, machine-learning-assisted, product-recognition, item-matching, or related technology or service made available by Saconde (collectively, the “Authentication Services”).

Authentication Services may be made available through:

Saconde's website;
mobile applications;
desktop applications;
web applications;
APIs;
SDKs;
business dashboards;
internal Saconde systems;
retail or showroom locations;
third-party marketplaces;
third-party integrations;
business-to-business services; or
other channels designated by Saconde.

1.3 Acceptance#

You agree to these Terms by doing any of the following:

creating an account;
clicking “I Agree,” “Submit,” “Authenticate,” “Purchase,” or a similar button;
purchasing an Authentication Service;
submitting an Item or Submission Materials;
accessing a Determination or Certificate;
using an API or integration;
accessing or using the Authentication Services; or
otherwise manifesting assent electronically or in writing.

If you do not agree to these Terms, you may not use the Authentication Services.

1.4 Eligibility#

You represent that:

you are at least eighteen (18) years old and have legal capacity to enter into this Agreement;
if acting for a business or other entity, you are authorized to bind that entity;
your use of the Authentication Services is lawful; and
you are not prohibited from using the Authentication Services under applicable sanctions, export-control, or other laws.

1.5 Other Saconde Agreements#

These Terms supplement Saconde's other applicable policies and agreements, including, as applicable:

Privacy Policy;
Cookie Policy;
Terms of Use;
Buyer Terms or Terms of Sale;
Seller Terms;
Consignment Terms;
Buyout Terms;
Payment and Payout Terms;
Identity Verification and Fraud Prevention Notice;
Biometric Notice and Consent;
Biometric Retention and Destruction Policy;
Authentication Standards;
Limited Financial Protection Program; and
any applicable business agreement, order form, API agreement, subscription agreement, or statement of work.

Where a specific written agreement expressly conflicts with these Terms, the more specific provision governs the subject of that conflict unless prohibited by law.

2. DEFINITIONS#

For purposes of these Terms:

“AI” means artificial intelligence, machine learning, computer vision, neural networks, statistical models, automated recognition technologies, or similar computational systems.

“Authentic” means that, based on the methodology, evidence, information, reference material, and technology available during the review, an Item appears materially consistent with characteristics Saconde associates with known authentic examples.

“Authentication Certificate” or “Certificate” means a digital or physical document, record, identifier, QR code, verification page, or other output issued by Saconde in connection with a Determination.

“Determination” means any authentication-related opinion or output issued by Saconde, including Authentic, Not Authentic, Replica, Inconclusive, Unable to Authenticate, Further Review Required, or another classification Saconde may establish.

“Eligible Item” means an Item within a brand, category, model, product type, or other classification that Saconde accepts for the particular Authentication Service.

“Item” means the particular physical product that is the subject of an authentication request.

“Not Authentic” or “Replica” means that an Item does not appear sufficiently consistent with Saconde's reference profile or otherwise contains characteristics that cause Saconde to conclude that it should not receive an Authentic Determination.

Such terminology does not necessarily constitute a judicial finding that an Item violates trademark or counterfeiting law.

“Inconclusive” means Saconde is unable to reach a sufficiently reliable Authentic or Not Authentic Determination from the information reasonably available.

“Submission Materials” means photographs, video, metadata, descriptions, documents, serial numbers, date codes, receipts, measurements, transaction information, provenance information, and other materials submitted in connection with an Item.

3. THE AUTHENTICATION SERVICE#

3.1 Authentication Methodology#

Saconde may use one or more of the following:

individual human authentication;
multiple human reviewers;
specialists;
internal review personnel;
AI;
machine learning;
computer vision;
image recognition;
pattern recognition;
automated screening;
statistical analysis;
fraud-scoring technology;
metadata analysis;
databases;
proprietary reference libraries;
known authentic examples;
known counterfeit or replica examples;
historical authentication information;
third-party data;
manufacturer information;
physical examination;
magnification;
imaging tools;
serial-number analysis;
item-comparison technology;
third-party authentication providers; or
any combination of the foregoing.

3.2 Human and/or AI Review#

A Determination may be:

made principally by a human reviewer;
made principally through an automated system;
generated by an automated system and reviewed by a human;
initially reviewed by a human and subsequently assessed using AI;
reviewed by several individuals;
reviewed by several technological systems; or
produced through another reasonable combination of technologies and reviewers.

Unless applicable law expressly requires otherwise, Saconde is not required to use a specific authentication methodology or a particular number of human reviewers for any individual Item.

3.3 No Right to Proprietary Methodology#

Saconde is not required to disclose proprietary or security-sensitive information concerning:

algorithms;
models;
model weights;
prompts;
source code;
decision thresholds;
confidence thresholds;
datasets;
training data;
reference databases;
internal photographs;
reviewer notes;
reviewer identities;
counterfeit-detection indicators;
fraud rules;
weighting methodologies;
security controls;
internal quality-assurance procedures; or
other trade secrets or proprietary techniques,

except to the extent disclosure is affirmatively required by applicable law.

3.4 Eligible Items#

Saconde determines which Items, brands, models, product categories, and product types are eligible for Authentication Services.

Saconde may add, restrict, or discontinue supported categories.

Acceptance of an authentication request does not guarantee that Saconde will be able to reach a Determination.

4. NATURE OF AUTHENTICATION DETERMINATIONS#

4.1 Professional and Technological Opinion#

Except for an express remedy provided under an applicable Limited Financial Protection Program, a Determination represents Saconde's professional and/or technological opinion based on the materials and information available at the time of review.

A Determination is not an absolute statement of historical or legal fact.

4.2 No Manufacturer Certification#

Unless expressly stated otherwise, Saconde is independent of the brands whose products it reviews.

Saconde Authentication Services do not constitute authentication or certification by:

the original manufacturer;
trademark owner;
designer;
fashion house;
authorized retailer;
government agency;
law-enforcement authority;
court; or
other third party.

4.3 No Guarantee of Universal Acceptance#

Saconde does not guarantee that any Determination or Certificate will be accepted by:

a manufacturer;
marketplace;
auction house;
reseller;
payment processor;
financial institution;
card network;
insurer;
government agency;
law-enforcement authority;
court;
customs authority; or
other third party.

4.4 Evolving Counterfeit Techniques#

Counterfeit and replica products may employ sophisticated and evolving manufacturing techniques.

No authentication methodology can identify every counterfeit or replica with perfect accuracy.

4.5 Authentic Does Not Mean Perfect#

An Authentic Determination does not establish that:

every component is original;
every accessory is authentic;
the Item has never been repaired;
the Item has never been restored;
the Item contains no aftermarket component;
packaging is authentic;
documentation is authentic;
the Item was lawfully obtained;
the submitting person owns valid title;
provenance representations are correct; or
condition representations are correct.

5. DIGITAL AUTHENTICATION LIMITATIONS#

When Saconde performs authentication from photographs, video, or other remotely submitted information, the Determination may be affected by:

resolution;
lighting;
focus;
image compression;
camera technology;
camera angle;
image cropping;
missing images;
concealed characteristics;
color reproduction;
image enhancement;
digital manipulation;
inaccurate metadata;
incomplete descriptions;
manufacturing variation;
product age;
repairs;
restoration;
replacement parts;
wear;
deterioration;
regional production variations;
counterfeit sophistication;
incomplete reference information; and
other limitations inherent in remote authentication.

Saconde may require additional photographs or physical inspection.

6. USER SUBMISSION REQUIREMENTS#

6.1 Accuracy#

You must submit complete and materially accurate information.

6.2 Actual Item Requirement#

Photographs, video, serial numbers, markings, and other Submission Materials must relate to the same physical Item being authenticated.

You may not combine Submission Materials from different Items.

6.3 Manipulated Images#

You may not intentionally submit photographs or videos that have been manipulated, altered, digitally generated, AI-generated, AI-enhanced, filtered, composited, or edited in a way reasonably capable of misleading the authentication process.

Ordinary cropping, rotation, or exposure correction that does not conceal or materially alter identifying characteristics is permitted unless Saconde instructs otherwise.

6.4 User Representations#

You represent and warrant that:

you have the lawful right to submit the Item and Submission Materials;
Submission Materials reasonably depict the Item being authenticated;
you have not intentionally concealed material information;
you have not substituted components or images to influence a Determination;
you have not altered identifying characteristics to provoke a false result;
information concerning serial numbers, date codes, product codes, and provenance is accurate to the best of your knowledge;
you have sufficient rights or permissions to submit all photographs, videos, and documents; and
your submission does not violate applicable law.

7. INCONCLUSIVE DETERMINATIONS#

Saconde may issue an Inconclusive Determination whenever it reasonably determines there is insufficient information to reach a reliable conclusion.

Saconde may request additional Submission Materials before issuing a final Inconclusive Determination.

An Inconclusive Determination:

does not mean the Item is authentic;
does not mean the Item is counterfeit;
does not constitute an adverse determination regarding the Item; and
should not be represented otherwise.

Any refund or account credit applicable to an Inconclusive Determination will be governed by the pricing terms displayed when the applicable Authentication Service was purchased.

8. CERTIFICATES#

8.1 Certificate Issuance#

Saconde may issue a Certificate for an Item receiving an eligible Determination.

Saconde is not required to issue Certificates for every service or Determination.

8.2 Exact-Item Limitation#

A Certificate applies exclusively to the exact Item reviewed by Saconde.

It may not be used for another item of:

the same model;
same brand;
same color;
same serial number;
similar appearance; or
any other product.

8.3 Permitted Certificate Use#

Subject to these Terms, a lawful Certificate holder may display an unmodified Certificate in connection with the exact Item covered by the Certificate.

8.4 Certificate Restrictions#

You may not:

alter a Certificate;
forge a Certificate;
duplicate a Certificate for use with another Item;
change its Determination;
remove material disclaimers;
replace its identifying information;
create a counterfeit Certificate;
manipulate a verification webpage or QR code;
represent an invalid Certificate as valid;
use a Certificate following notice that it has been revoked; or
otherwise use a Certificate deceptively.

9. CERTIFICATE VERIFICATION, SUSPENSION AND REVOCATION#

Saconde may suspend, withdraw, amend, correct, invalidate, or revoke a Determination or Certificate if Saconde reasonably determines that:

the original result may have been incorrect;
new evidence becomes available;
new counterfeit characteristics are discovered;
submitted materials were incomplete or inaccurate;
Submission Materials were manipulated;
the physical Item does not match the Item originally submitted;
fraud, abuse, certificate-shopping, or bait-and-switch activity is suspected;
a Certificate has been forged, altered, duplicated, or misused;
a User violated these Terms;
a security vulnerability affected the Determination;
Saconde's authentication methodology materially changed based on new evidence;
law enforcement, a trademark owner, court, or governmental authority provides relevant information; or
maintaining the Certificate would reasonably undermine the integrity or security of the Authentication Services.

If Saconde revokes or invalidates a Certificate, you must cease representing the Certificate as valid and remove it from active sales listings or advertisements within your reasonable control.

10. PROACTIVE QUALITY REVIEW#

Saconde may conduct additional quality-control review before or after issuance of a Determination.

If Saconde independently determines that a previously issued eligible Determination was materially incorrect, Saconde may:

correct the Determination;
revoke or replace the Certificate;
notify the original User;
initiate any applicable Limited Financial Protection Program review; and
take other appropriate corrective action.

Saconde is not obligated to continuously re-review every prior Determination.

11. RE-EVALUATION PROCESS#

11.1 Request for Re-Evaluation#

If you believe a Determination is incorrect, you may request re-evaluation by contacting:

hello@saconde.com

Saconde may require:

the Certificate number;
original authentication order information;
additional photographs;
video;
proof of purchase;
proof of ownership;
transaction records;
possession information;
serial numbers; and
other reasonably necessary information.

11.2 Preliminary Re-Review#

Saconde may conduct an additional digital, human, automated, or combined review.

If Saconde concludes that the original Determination was incorrect, Saconde may correct the Determination and evaluate eligibility under the Limited Financial Protection Program.

If Saconde confirms its original Determination, the User may request formal physical review if that process is available for the applicable authentication.

12. FORMAL PHYSICAL DISPUTE REVIEW#

12.1 Physical Examination#

Saconde may require the disputed physical Item to be delivered to a location designated by Saconde before reconsidering a disputed final Determination or approving compensation.

12.2 Dispute Review Fee#

Saconde may charge a dispute-review fee disclosed before the User initiates formal physical review.

If Saconde overturns the original Determination, the dispute-review fee will be refunded unless otherwise required or prohibited by applicable law.

If Saconde upholds the original Determination, the dispute-review fee may be non-refundable if properly disclosed before payment.

12.3 Shipping#

Unless Saconde agrees otherwise or applicable law requires otherwise, the User is responsible for:

shipping to Saconde;
appropriate packaging;
insurance;
customs charges;
duties;
import or export expenses; and
other transportation expenses associated with a voluntarily requested dispute review.

Saconde's responsibility for the Item while in its physical possession will be governed by these Terms and any applicable written shipping or custody terms.

13. MATCHING AND ANTI-SUBSTITUTION REQUIREMENT#

The physical Item submitted for a dispute must materially match the Item originally reviewed.

Saconde may compare:

serial numbers;
date codes;
manufacturing characteristics;
stitching;
grain patterns;
scratches;
wear patterns;
hardware;
measurements;
markings;
photographs;
metadata;
microscopic characteristics;
security tags; and
other identifying characteristics.

A claim may be denied if Saconde reasonably determines that the Item submitted for physical review is not the original Item.

14. LIMITED FINANCIAL PROTECTION PROGRAM#

14.1 Separate Voluntary Program#

Saconde may offer certain Authentication Certificates with a voluntary Limited Financial Protection Program(“Protection Program”).

A Protection Program is separate from Saconde's ordinary Authentication Services.

Only an Item or Certificate expressly designated as eligible at the time of authentication is covered.

14.2 No Implied Coverage#

If Saconde does not expressly state that a Certificate is covered by the Protection Program, no financial protection is provided.

14.3 Protection Period#

Unless Saconde expressly states another period when the Authentication Service is purchased, an eligible claim must be initiated within ninety (90) days after issuance of the original Certificate.

The 90-day period governs eligibility for this voluntary contractual Protection Program only.

It does not shorten any statutory limitation period or legal right that applicable law does not permit Saconde to shorten.

14.4 Eligible Error#

The Protection Program may apply when:

A. False Authentic Result

Saconde issued an eligible Authentic Determination, but Saconde's completed physical dispute process later determines that the same Item should have received a Not Authentic or Replica Determination.

B. False Not-Authentic Result

If expressly covered by the applicable Protection Program, Saconde issued an eligible Not Authentic or Replica Determination but Saconde's completed physical dispute review later determines that the Item should have received an Authentic Determination.

Different compensation rules may apply to these two situations.

15. PROTECTION PROGRAM CLAIM REQUIREMENTS#

To receive compensation, Saconde may require the claimant to establish each applicable requirement, including:

a qualifying Certificate was issued;
the Certificate was covered by the Protection Program;
the claim was timely initiated;
the claimant is the original certificate holder or another eligible claimant expressly permitted by the Program;
the claimant actually owns or lawfully possesses the Item;
valid proof of purchase is provided when applicable;
valid proof of payment or financial loss is provided;
the same physical Item is submitted for inspection;
the Item has not been materially altered after authentication;
any Saconde tamper-evident tag or identifier required for coverage remains intact;
the User has not misrepresented or manipulated Submission Materials;
the Certificate has not been altered or misused;
the Item was not substituted;
the claimant reasonably cooperates with the investigation; and
no exclusion applies.

Saconde may request reasonable additional documentation necessary to verify a claim or prevent fraud.

16. ACTUAL FINANCIAL LOSS#

Where compensation is based on financial loss, the claimant must establish an actual, documented economic loss reasonably caused by reliance upon the incorrect eligible Determination.

Saconde may require:

purchase receipts;
invoices;
payment records;
sales records;
refund records;
marketplace records;
settlement records;
ownership documentation; and
other reasonable evidence.

Speculative damages, expected profits, emotional distress, reputational damage, business interruption, or hypothetical resale value are not covered by the Protection Program unless Saconde expressly agrees otherwise or applicable law requires otherwise.

17. COMPENSATION#

The specific maximum compensation payable under an eligible Protection Program will be disclosed in the applicable Program terms, order confirmation, Certificate, pricing page, or other accompanying disclosure.

Compensation may be calculated according to:

documented acquisition cost;
documented transaction loss;
authentication fee;
a fixed maximum payout;
a multiplier;
account-specific coverage limits; or
another clearly disclosed formula.

Compensation shall never exceed the applicable published Program limit unless Saconde expressly agrees otherwise.

Any payment is subject to mandatory applicable law.

18. PROTECTION PROGRAM EXCLUSIONS#

Protection may be denied for losses relating to:

an Inconclusive Determination;
unsupported Items;
expired claims;
altered Certificates;
manipulated images;
fraudulent submissions;
substituted Items;
tampered serial numbers;
removed required security tags;
concealed repairs or alterations;
Items materially altered after authentication;
fabricated proof of purchase;
false ownership claims;
chargeback fraud;
certificate misuse;
deliberate attempts to produce a false positive or false negative;
violations of these Terms; or
other fraudulent or abusive conduct materially affecting the claim.

An exclusion will be applied only to the extent permitted by applicable law.

19. EFFECT OF SUCCESSFUL PROTECTION CLAIM#

Before issuing compensation for the full documented acquisition cost or other amount equivalent to substantially all economic value of an Item, Saconde may require, to the extent permitted by law:

assignment of the claimant's rights relating to the Item;
transfer of ownership of the Item to Saconde;
delivery of the Item to Saconde;
execution of a reasonable settlement or assignment document; or
cooperation with recovery efforts against the responsible seller.

Saconde will not both require transfer of ownership and deny agreed compensation unless permitted by the applicable Program terms and law.

This provision is intended to prevent double recovery.

20. ITEMS DETERMINED NOT AUTHENTIC DURING PHYSICAL REVIEW#

An Item determined to be Not Authentic or Replica during physical review will be handled in accordance with applicable law and any applicable transaction agreement.

Saconde may, where legally permitted or required:

quarantine the Item;
retain it temporarily;
preserve it as evidence;
mark or tag it;
restrict its reintroduction into Saconde's marketplace or inventory;
notify the submitting party;
notify an applicable marketplace or payment provider where lawfully permitted;
cooperate with intellectual-property owners;
cooperate with law enforcement;
comply with court orders or governmental requests;
return the Item where legally appropriate; or
surrender, transfer, or destroy the Item where expressly authorized or required by applicable law, lawful legal process, or an enforceable agreement applicable to that Item.

A Determination of Not Authentic does not, standing alone, give Saconde an unlimited right to confiscate or destroy another person's property where applicable law does not authorize that action.

Nothing in these Terms requires Saconde to return property where return would itself violate law, legal process, or a binding governmental directive.

21. PROHIBITED USE#

You may not use or attempt to use the Authentication Services to:

authenticate merchandise you know has been substituted;
produce intentionally false results;
facilitate counterfeit sales;
facilitate stolen-goods sales;
mislead buyers;
alter Certificates;
certificate-shop using manipulated submissions;
reverse engineer authentication criteria;
probe the system through systematic deceptive submissions;
extract models or training data;
scrape proprietary authentication data;
evade usage limits;
compromise security;
introduce malware;
circumvent technical controls;
impersonate Saconde;
falsely claim endorsement by Saconde;
train a competing authentication model through unauthorized extraction of Saconde's proprietary outputs;
violate intellectual-property rights; or
violate applicable law.

22. FRAUD PREVENTION#

Saconde may use authentication and account information to detect:

counterfeit activity;
certificate-shopping;
Item substitution;
account abuse;
payment fraud;
identity fraud;
marketplace fraud;
return fraud;
chargeback abuse;
suspicious transaction patterns; and
other security threats.

Saconde may suspend processing or request additional verification where reasonably necessary.

23. USER CONTENT OWNERSHIP#

As between you and Saconde, you retain the ownership rights you otherwise possess in your original photographs, videos, descriptions, and similar Submission Materials.

Nothing in these Terms grants you ownership of Saconde's:

software;
authentication methodologies;
analysis;
annotations;
outputs;
model parameters;
datasets;
proprietary classifications;
Certificates;
report templates; or
other intellectual property.

24. LICENSE TO SUBMISSION MATERIALS#

By submitting Submission Materials, you grant Saconde a non-exclusive, worldwide, royalty-free, fully paid, transferable and sublicensable license, for the period reasonably necessary and, where applicable, on a continuing basis permitted by law, to:

receive;
store;
host;
reproduce;
transmit;
crop;
resize;
enhance;
annotate;
classify;
analyze;
compare;
index;
process; and
otherwise use

Submission Materials for legitimate purposes including:

performing Authentication Services;
creating and verifying Certificates;
preventing fraud;
processing disputes;
customer support;
quality assurance;
recordkeeping;
security;
enforcing Saconde agreements;
improving Saconde services;
developing authentication reference materials; and
complying with law.

Any use involving personal information remains subject to applicable privacy law and Saconde's Privacy Policy.

25. AI AND MACHINE-LEARNING DEVELOPMENT#

To the extent permitted by applicable law and disclosed through Saconde's applicable privacy notices, Saconde may use:

Item photographs;
videos;
Item characteristics;
annotations;
authentication outcomes;
reviewer feedback;
metadata;
fraud indicators; and
other eligible technical information

to develop, train, fine-tune, test, evaluate, validate, operate, audit, secure, or improve Saconde's:

artificial-intelligence systems;
machine-learning systems;
computer-vision systems;
authentication models;
fraud-detection technology; and
related technology.

Where required by applicable law, Saconde will provide additional notice, consent mechanisms, opt-out rights, deletion rights, or other legally required controls.

26. DE-IDENTIFICATION AND AGGREGATED DATA#

Saconde may create aggregated or de-identified information from Authentication Services data.

Saconde may use information qualifying as de-identified or non-personal under applicable law for lawful purposes, including:

model improvement;
security;
research;
analytics;
benchmarking;
fraud prevention;
statistical analysis; and
authentication research.

Where applicable law imposes requirements concerning de-identified information, Saconde will process such information consistently with those requirements.

27. PERSONAL INFORMATION#

Saconde's collection and use of personal information is governed by its Privacy Policy and applicable privacy notices.

Depending on how the Authentication Services are used, information may include:

account information;
contact information;
payment information;
transaction information;
IP address;
device information;
Submission Materials;
metadata;
fraud indicators;
identifiers; and
communications.

Nothing in these Terms replaces rights provided under applicable state privacy law.

28. STATE PRIVACY RIGHTS#

Residents of certain states may have rights concerning personal information, potentially including rights to:

know or access;
correct;
delete;
obtain portability;
opt out of sale;
opt out of certain sharing;
opt out of targeted advertising;
opt out of certain profiling or automated processing;
appeal a privacy decision;
limit use of sensitive personal information; or
exercise other rights.

The applicability and scope of these rights depend upon applicable law and whether Saconde is subject to that law.

Saconde's Privacy Policy and State Privacy Rights process govern such requests.

29. AUTOMATED DECISION-MAKING PRIVACY RIGHTS#

Where applicable law grants a consumer rights relating to legally covered automated decision-making technology, profiling, or automated processing, Saconde will provide the notices and mechanisms required by that law.

Nothing in these Terms constitutes a waiver of such rights.

30. BIOMETRIC INFORMATION#

Ordinary product photographs do not necessarily constitute biometric information merely because they are photographs.

However, if Saconde intentionally collects, creates, processes, or stores information legally defined as a biometric identifier or biometric information, Saconde will address such processing through the notices, consents, retention practices, and other procedures required by applicable law.

Where required, such processing may be governed by Saconde's separate:

Biometric Notice and Consent; and
Biometric Retention and Destruction Policy.

These Terms do not constitute biometric consent where applicable law requires a separate written release, authorization, notice, or consent.

31. THIRD-PARTY TECHNOLOGY#

Saconde may use third parties to provide:

cloud infrastructure;
data storage;
cybersecurity;
AI or machine-learning technology;
authentication assistance;
payment processing;
analytics;
fraud prevention;
communications;
identity verification; and
other operational services.

Saconde may share information with service providers to the extent reasonably necessary and legally permitted.

32. SACONDE INTELLECTUAL PROPERTY#

Saconde and its licensors retain all rights in:

Authentication Services;
software;
APIs;
SDKs;
models;
algorithms;
model weights;
prompts;
source code;
databases;
proprietary datasets;
reference libraries;
counterfeit libraries;
authentication methods;
workflows;
Certificates;
report designs;
interfaces;
logos;
trademarks;
documentation;
technical outputs; and
improvements thereto.

Except for rights expressly granted in writing, no intellectual-property rights are transferred to you.

33. LIMITED USER LICENSE#

Subject to these Terms, Saconde grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access the Authentication Services solely for their intended lawful purpose.

Saconde may provide additional rights to approved business or API customers under separate agreements.

34. REVERSE ENGINEERING AND MODEL EXTRACTION#

To the maximum extent permitted by law, you may not:

reverse engineer;
decompile;
disassemble;
extract source code;
extract model weights;
systematically reproduce outputs to recreate a model;
identify hidden thresholds through deceptive testing;
circumvent security restrictions;
derive proprietary datasets; or
use unauthorized methods to replicate Saconde's technology.

Nothing in this Section restricts conduct that applicable law expressly provides may not contractually be prohibited.

35. BUSINESS, API AND ENTERPRISE USE#

Saconde may provide Authentication Services to businesses, marketplaces, resellers, developers, or enterprise customers.

Additional terms may govern:

API limits;
authentication volume;
pricing;
subscription rights;
certificate distribution;
customer use;
service levels;
technical integration;
confidentiality;
commercial warranties;
insurance;
additional indemnification; and
financial-protection limits.

A business User is responsible for statements it makes to its own customers concerning Saconde.

Unless Saconde expressly agrees otherwise in writing, a business may not represent that Saconde:

guarantees the business's entire inventory;
endorses the business;
is responsible for the business's sales;
is the seller of the business's goods; or
guarantees transactions not directly covered by a Saconde Protection Program.

36. FEES#

Authentication pricing will be disclosed before purchase.

Saconde may offer:

per-Item pricing;
packages;
subscriptions;
business plans;
usage-based billing;
expedited services;
physical inspections;
dispute reviews; or
custom enterprise pricing.

Paying a fee does not guarantee a particular Determination.

37. REFUNDS#

Except where expressly stated or required by law, authentication charges are non-refundable once Saconde materially begins performing the purchased Authentication Service.

Separate rules may apply to:

Inconclusive Determinations;
duplicate charges;
service failures;
canceled services;
Protection Program claims; or
rights provided by applicable law.

38. RECURRING SUBSCRIPTIONS#

If Saconde offers a recurring Authentication Service, subscription, or automatically renewing plan, the enrollment process, billing disclosures, cancellation rights, renewal notices, and cancellation mechanism will be provided in accordance with applicable federal and state law.

Saconde will disclose material recurring-payment terms before enrollment and obtain any consent required by applicable law.

Nothing in these Terms authorizes Saconde to impose a recurring charge without the disclosures and consent required by applicable law.

39. TAXES#

You are responsible for applicable taxes, duties, customs fees, or assessments unless Saconde is legally obligated to collect and remit them.

40. PROCESSING TIMES#

Any processing or turnaround time is an estimate unless Saconde expressly identifies it as guaranteed.

Processing may be delayed by:

additional review;
submission deficiencies;
technical outages;
demand;
physical shipping;
fraud review;
holidays;
third-party dependencies;
force-majeure events; or
legal requirements.

Saconde is not responsible for a User's external sale, auction, marketplace, chargeback, return, or other deadline unless expressly agreed in writing.

41. SERVICE AVAILABILITY#

Saconde does not guarantee uninterrupted or error-free access to the Authentication Services.

The Authentication Services may be temporarily unavailable because of:

maintenance;
updates;
cybersecurity measures;
infrastructure failures;
telecommunications failures;
third-party outages;
force majeure; or
other operational conditions.

42. UPDATES AND CHANGES TO AUTHENTICATION METHODS#

Authentication science and counterfeit techniques evolve.

Saconde may update:

models;
datasets;
algorithms;
reference materials;
submission requirements;
classifications;
decision criteria;
reviewer processes;
confidence thresholds;
anti-fraud controls; and
supported brands.

A later review may therefore differ from an earlier review.

43. BETA AND EXPERIMENTAL FEATURES#

Features designated “beta,” “preview,” “experimental,” “test,” or similar may be less reliable than generally released features.

Unless applicable law requires otherwise, such features are provided on an “AS IS” basis and may be modified or discontinued.

44. NO CONDITION WARRANTY#

Unless expressly purchased as a separate service, authentication is not a condition report.

Saconde does not undertake to identify every:

scratch;
stain;
odor;
missing component;
repair;
restoration;
alteration;
crack;
tear;
hardware defect;
water-damage condition;
mold issue; or
other condition characteristic.

45. NO APPRAISAL#

Unless expressly provided as a separate service, Authentication Services are not:

appraisals;
valuations;
investment advice;
insurance valuations;
fair-market-value determinations; or
resale-price predictions.

46. TITLE, OWNERSHIP AND STOLEN GOODS#

Authentication does not establish that the submitting person owns valid title to an Item.

An authentic Item may nevertheless be:

stolen;
fraudulently obtained;
subject to a lien;
subject to a contractual claim;
involved in a payment dispute; or
otherwise subject to competing ownership rights.

Saconde may cooperate with law enforcement or lawful claimants as permitted or required by law.

47. NO AFFILIATION WITH THIRD-PARTY BRANDS#

Reference to brand names, trademarks, logos, styles, or products is for lawful identification, authentication, descriptive, comparative, or nominative purposes.

Unless expressly stated otherwise, no brand referenced by Saconde sponsors, endorses, certifies, or is affiliated with Saconde.

48. ACCOUNT SECURITY#

You are responsible for safeguarding account credentials.

You must promptly notify Saconde of suspected unauthorized access.

Saconde may implement:

multifactor authentication;
identity verification;
device verification;
fraud controls;
account restrictions; and
security measures.

49. SUSPENSION AND TERMINATION#

Saconde may suspend or terminate Authentication Services or account access if Saconde reasonably determines that:

these Terms were materially violated;
payment is overdue;
fraud is suspected;
a security threat exists;
certificates are being misused;
unlawful conduct is occurring;
counterfeit activity is being facilitated;
law requires suspension; or
continued service poses material risk to Saconde or others.

Where reasonably practical and appropriate, Saconde may provide notice and an opportunity to cure non-fraudulent, non-security-related violations.

50. DISCLAIMER OF WARRANTIES#

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR AN EXPRESS REMEDY PROVIDED UNDER AN APPLICABLE LIMITED FINANCIAL PROTECTION PROGRAM, THE AUTHENTICATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SACONDE DISCLAIMS ALL WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
COMPLETENESS;
RELIABILITY; AND
CONTINUOUS AVAILABILITY.

SACONDE DOES NOT WARRANT THAT:

EVERY AUTHENTIC ITEM WILL RECEIVE AN AUTHENTIC DETERMINATION;
EVERY COUNTERFEIT OR REPLICA WILL BE DETECTED;
EVERY DETERMINATION WILL BE ERROR-FREE;
EVERY HUMAN REVIEWER WILL REACH THE SAME CONCLUSION;
EVERY AI MODEL WILL REACH THE SAME CONCLUSION;
EVERY THIRD PARTY WILL ACCEPT SACONDE'S DETERMINATION;
EVERY DEFECT OR ALTERATION WILL BE IDENTIFIED; OR
THE AUTHENTICATION SERVICES WILL BE UNINTERRUPTED.

THIS SECTION DOES NOT DISCLAIM ANY WARRANTY OR RIGHT THAT APPLICABLE LAW PROHIBITS SACONDE FROM DISCLAIMING.

51. LIMITATION OF LIABILITY#

51.1 Protection Program Claims#

Any payment owed under an applicable Limited Financial Protection Program is governed by that Program and is separate from the general liability provisions below.

51.2 Excluded Damages#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACONDE AND ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AUTHENTICATORS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AGENTS SHALL NOT BE LIABLE FOR:

INDIRECT DAMAGES;
INCIDENTAL DAMAGES;
SPECIAL DAMAGES;
EXEMPLARY DAMAGES;
PUNITIVE DAMAGES;
CONSEQUENTIAL DAMAGES;
LOST PROFITS;
LOST REVENUE;
LOST BUSINESS;
LOSS OF GOODWILL;
LOSS OF DATA;
LOST SALES OPPORTUNITIES;
MARKETPLACE SUSPENSION;
THIRD-PARTY CHARGEBACKS; OR
SPECULATIVE LOSS,

arising from or relating to the Authentication Services, except where such limitation is prohibited by law.

51.3 General Liability Cap#

FOR CLAIMS OUTSIDE AN APPLICABLE LIMITED FINANCIAL PROTECTION PROGRAM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SACONDE'S TOTAL AGGREGATE LIABILITY ARISING FROM THE PARTICULAR AUTHENTICATION SERVICE GIVING RISE TO THE CLAIM SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT PAID TO SACONDE FOR THAT AUTHENTICATION SERVICE; OR

(B) $100.00.

If applicable law requires a greater remedy or prohibits this limitation, the limitation will apply only to the maximum extent permitted by law.

51.4 Non-Waivable Liability#

Nothing in these Terms excludes or limits liability for:

fraud by Saconde;
fraudulent misrepresentation by Saconde;
willful misconduct where liability cannot lawfully be limited;
personal injury or death where applicable law prohibits limitation;
statutory remedies that cannot be waived; or
other liability that applicable law prohibits Saconde from excluding.

52. USER RESPONSIBILITY FOR THIRD-PARTY TRANSACTIONS#

Except where Saconde itself is a party to the relevant transaction, Saconde does not assume responsibility for:

buyer-seller disputes;
payment disputes;
marketplace disputes;
shipping disputes;
title disputes;
chargebacks;
refunds;
seller fraud;
buyer fraud; or
third-party contractual obligations.

A Determination does not make Saconde a party to a transaction between unrelated third parties.

53. INDEMNIFICATION#

To the maximum extent permitted by law, commercial and business Users agree to defend, indemnify, and hold harmless Saconde and its affiliates, members, managers, officers, employees, authenticators, contractors, licensors, and agents from third-party claims arising from:

misuse of the Authentication Services;
User fraud;
Certificate misuse;
Item substitution;
manipulated Submission Materials;
violation of intellectual-property rights;
unlawful sales;
breach of these Terms;
statements made by the business to its customers concerning Saconde; or
violation of applicable law.

For consumer Users, this Section applies only to the extent permitted by applicable consumer-protection law.

Saconde will not seek indemnification from a consumer for Saconde's own unlawful conduct where such indemnification is prohibited.

54. CONFIDENTIALITY AND TRADE SECRETS#

Non-public authentication methodologies, models, datasets, security mechanisms, counterfeit indicators, reviewer guides, thresholds, and technical processes may constitute Saconde Confidential Information and trade secrets.

Unauthorized extraction or disclosure is prohibited to the maximum extent permitted by law.

55. FEEDBACK#

If you voluntarily submit suggestions or feedback regarding the Authentication Services, Saconde may use that feedback without compensation or restriction, except that personal information remains subject to applicable privacy law.

56. RECORD RETENTION#

Saconde may maintain authentication-related records for legitimate purposes including:

Certificate verification;
dispute management;
fraud prevention;
litigation;
compliance;
model testing;
quality control;
accounting;
security; and
protection of legal rights.

Personal information will be retained in accordance with applicable law and Saconde's Privacy Policy.

Any covered biometric information will be subject to applicable biometric-retention requirements.

57. LEGAL AND REGULATORY COOPERATION#

Saconde may preserve, use, or disclose relevant information where reasonably necessary to:

comply with subpoenas;
comply with court orders;
comply with warrants;
respond to lawful governmental demands;
investigate fraud;
enforce legal rights;
protect users;
address cybersecurity threats;
protect intellectual property; or
comply with applicable law.

58. EXPORT CONTROLS AND SANCTIONS#

You may not use the Authentication Services in violation of applicable:

U.S. sanctions;
export-control laws;
restricted-party regulations; or
trade restrictions.

Saconde may restrict access where reasonably necessary for compliance.

59. GOVERNING LAW#

Except where mandatory law requires otherwise, these Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

A consumer retains the benefit of any non-waivable protections afforded by the law applicable to that consumer.

60. REQUIRED INFORMAL DISPUTE PROCESS#

Before initiating arbitration, either party must send written notice describing:

the claimant;
account information, if applicable;
relevant authentication order;
nature of the dispute;
material facts;
requested relief; and
contact information.

Notice to Saconde shall be sent to:

Saconde & Saconde, LLC
521 W 26th St, Floor 5
New York, NY 10001
United States
Email: hello@saconde.com

The parties will attempt in good faith to resolve the dispute for thirty (30) days following receipt of substantially complete notice.

This requirement does not prevent either party from seeking emergency relief where legally appropriate.

61. AGREEMENT TO INDIVIDUAL ARBITRATION#

PLEASE READ THIS SECTION CAREFULLY.

Except where prohibited by applicable law, you and Saconde agree that any dispute arising from or relating to:

these Terms;
Authentication Services;
Determinations;
Certificates;
Protection Program claims;
AI or automated review;
Submission Materials;
payments; or
your relationship with Saconde

shall be resolved through binding individual arbitration rather than a jury trial or class action.

The arbitration shall be administered by the American Arbitration Association (“AAA”) under the applicable AAA Consumer Arbitration Rules or Commercial Arbitration Rules, depending upon the nature of the relationship.

The Federal Arbitration Act shall govern the arbitration agreement to the extent applicable.

62. ARBITRATION ADMINISTRATION#

Unless applicable law or AAA rules require otherwise:

one arbitrator will hear the dispute;
arbitration will occur on an individual basis;
the arbitrator may award individual relief available under applicable law;
the arbitrator will apply applicable substantive law; and
judgment on the award may be entered in a court having jurisdiction.

For qualifying consumer disputes, Saconde will pay arbitration fees to the extent required by the applicable AAA rules or law.

63. ARBITRATION OPT-OUT#

You may opt out of Sections 61 through 65 by providing written notice within 30 days after first accepting these Terms.

The notice must state:

your name;
account email;
that you are opting out of the Saconde Authentication Services arbitration agreement; and
the date.

Send the notice to:

hello@saconde.com

Opting out of arbitration does not affect any other provision.

64. CLASS ACTION WAIVER#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SACONDE AGREE TO ASSERT CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING.

If applicable law prohibits enforcement of this provision for a particular claim or remedy, that claim or remedy will proceed as required by applicable law without invalidating the remainder of the arbitration agreement where severance is legally permissible.

65. SMALL CLAIMS AND INJUNCTIVE RELIEF#

Notwithstanding the arbitration provision:

either party may bring an individual claim in eligible small-claims court; and
either party may seek appropriate temporary or injunctive relief concerning intellectual-property infringement, trade-secret misappropriation, unauthorized system access, cybersecurity threats, Certificate fraud, or similar misuse.

66. JURY TRIAL WAIVER#

To the extent a dispute properly proceeds in court and a jury waiver is permitted by applicable law, you and Saconde waive trial by jury.

67. STATE-LAW SAVINGS CLAUSE#

These Terms are intended to operate nationwide in the United States.

No provision shall be interpreted to:

waive a statutory right that cannot legally be waived;
eliminate a legally required notice;
eliminate a legally required consent;
shorten a statutory limitations period where prohibited;
eliminate a statutory refund or cancellation right where prohibited;
eliminate a privacy right where prohibited;
eliminate a consumer warranty that cannot be disclaimed;
permit confiscation or destruction of property where unlawful;
impose an unlawful liquidated-damages provision;
restrict legally protected reporting or reviews;
waive a public-injunctive-remedy right where such waiver is prohibited; or
otherwise circumvent mandatory consumer-protection law.

If a provision conflicts with mandatory law applicable to a particular User, it will be modified or disregarded solely to the minimum extent necessary to comply with that law, while the remaining Terms remain effective.

68. NO RESTRICTION ON GOVERNMENT REPORTING#

Nothing in these Terms prohibits you from:

contacting a government agency;
filing a complaint;
cooperating with law enforcement;
reporting suspected unlawful conduct;
responding truthfully to legal process; or
exercising another legally protected right.

69. REVIEWS AND OPINIONS#

Nothing in these Terms prohibits a User from making truthful statements or expressing lawful opinions concerning Saconde.

This provision does not authorize:

defamation;
fraud;
disclosure of trade secrets;
disclosure of information protected by law; or
misuse of Saconde intellectual property.

70. CHANGES TO THESE TERMS#

Saconde may amend these Terms from time to time.

For material changes, Saconde will provide notice as required by applicable law.

Where applicable law requires affirmative acceptance for a particular modification, Saconde will obtain that acceptance before applying the modification as required.

Material changes ordinarily apply prospectively.

71. CHANGES TO THE SERVICES#

Saconde may:

add services;
remove services;
modify services;
change supported Items;
change technical requirements;
update pricing prospectively;
replace technologies; or
discontinue features.

Previously purchased services remain subject to applicable rights and obligations existing when purchased, except where otherwise lawfully agreed.

72. FORCE MAJEURE#

Saconde will not be liable for delay or failure caused by circumstances beyond its reasonable control, including:

natural disasters;
war;
civil unrest;
governmental action;
power failures;
telecommunications failure;
cybersecurity incidents not caused by Saconde's legally actionable misconduct;
third-party infrastructure failure;
epidemics;
pandemics;
strikes; or
similar circumstances.

This provision does not excuse obligations that applicable law prohibits Saconde from excusing.

73. ASSIGNMENT#

You may not assign these Terms except with Saconde's written consent or where applicable law permits otherwise.

Saconde may assign these Terms in connection with:

merger;
acquisition;
reorganization;
financing;
asset sale; or
transfer of the Authentication Services,

subject to applicable law.

74. SEVERABILITY#

If any provision is found invalid or unenforceable, it shall be modified or severed to the minimum extent legally necessary.

The remainder of these Terms will continue in effect.

For the arbitration provisions, any special severability requirements imposed by applicable law shall control.

75. NO WAIVER#

Failure to enforce a provision does not waive the right to enforce it later.

76. ENTIRE AGREEMENT#

These Terms, together with incorporated policies and any applicable order form or specific written agreement, constitute the agreement concerning the Authentication Services and supersede prior representations concerning their subject matter to the extent permitted by law.

Nothing in this clause disclaims liability for fraudulent representations or other representations that applicable law prohibits Saconde from disclaiming.

77. ELECTRONIC COMMUNICATIONS#

Where legally permitted, you consent to receive:

Authentication Determinations;
Certificates;
receipts;
notices;
disclosures;
security alerts; and
other service-related communications

electronically.

This consent does not constitute consent to receive marketing communications where separate consent is required.

78. NO THIRD-PARTY BENEFICIARIES#

Except where expressly stated in applicable app-store terms or another written agreement, these Terms do not create third-party beneficiary rights.

79. RELATIONSHIP OF PARTIES#

Use of the Authentication Services does not create:

partnership;
joint venture;
franchise;
employment;
agency;
fiduciary relationship; or
brokerage relationship

between Saconde and the User.

80. SURVIVAL#

Provisions that by their nature should survive termination will survive, including provisions concerning:

intellectual property;
Submission Material licenses;
lawful AI/model-training rights;
confidentiality;
fraud prevention;
Certificates;
disputes;
arbitration;
disclaimers;
liability;
indemnification;
record retention; and
accrued obligations.

81. CONTACT INFORMATION#

Questions, disputes, legal notices, or other inquiries concerning the Authentication Services may be directed to:

Saconde, LLC
521 W 26th St, Floor 5
New York, NY 10001
United States

Website: www.saconde.com
Email: hello@saconde.com

82. CONSUMER RIGHTS#

NOTHING IN THESE TERMS IS INTENDED TO ELIMINATE OR REDUCE A RIGHT OR REMEDY THAT APPLICABLE FEDERAL, STATE, OR LOCAL LAW DOES NOT PERMIT SACONDE TO WAIVE.

Where applicable consumer law provides greater protection than these Terms, the mandatory consumer protection governs to the extent required by law.

83. USER ACKNOWLEDGMENT#

BY USING THE AUTHENTICATION SERVICES, YOU ACKNOWLEDGE THAT:

authentication involves professional judgment and technological analysis;
Saconde may use human reviewers, AI, machine learning, automated systems, or combinations thereof;
neither human nor automated authentication is infallible;
counterfeit techniques continually evolve;
an Authentication Determination generally represents an opinion based upon information available at the time of review;
digital authentication has limitations;
Saconde may correct or revoke Determinations where appropriate;
a Certificate applies only to the exact Item reviewed;
you are responsible for submitting accurate and unmanipulated information;
financial protection exists only when expressly offered under an eligible Protection Program;
you have reviewed the warranty and liability provisions;
you have reviewed the dispute-resolution and arbitration provisions; and
subject to applicable law, you agree to these Terms.

BY CLICKING “I AGREE,” SUBMITTING AN ITEM, PURCHASING AN AUTHENTICATION, ACCESSING A CERTIFICATE, OR OTHERWISE USING SACONDE'S AUTHENTICATION SERVICES, YOU EXPRESSLY AGREE TO THESE AUTHENTICATION SERVICES TERMS AND CONDITIONS.

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