Tempo Terms of Service

This is a preliminary policy. It will be reviewed by legal counsel before Tempo processes real transactions.

1. Agreement to Terms

These Terms of Service ("Terms") are an agreement between Tempo Watches, LLC, a California limited liability company ("Tempo," "we," "us," or "our"), and you. By accessing or using tempo-watches.com or any related Tempo services (collectively, the "Platform"), you agree to be bound by these Terms and by the policies incorporated by reference below. If you do not agree, do not use the Platform.

The following policies are incorporated into and form part of these Terms: the Tempo Privacy Policy, the Tempo Seller Agreement (for Sellers), the Tempo Marketplace Tax Collection Policy, the Tempo Buyer Protection Policy, the Tempo Authentication Policy, the Tempo Return Policy, and the Tempo Copyright & Intellectual Property Policy. If these Terms conflict with a specific incorporated policy, the specific policy controls as to its subject matter.

Modifications. We may modify these Terms from time to time. For material changes, we will provide at least thirty (30) days' notice by email or prominent notice on the Platform before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance. If you do not agree to a modification, you must stop using the Platform.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Platform. The Platform is currently offered to buyers and sellers located in the United States only. By creating an account, you represent that you meet these requirements and that all information you provide is accurate, current, and complete.

3. Accounts and Security

You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately at admin@tempo-watches.com of any unauthorized access. Tempo may suspend or terminate accounts that violate these Terms, engage in fraud, or otherwise harm the Platform or its users.

Identity verification. To sell on Tempo, you must complete identity verification and payout onboarding as described in the Seller Agreement. For purchases at or above a threshold amount (currently $2,500), buyers must complete identity verification through our verification provider (Stripe Identity) before the transaction proceeds. Verification involves a government-issued photo ID and may involve a biometric comparison performed by the provider. See our Privacy Policy for how this information is handled.

4. Tempo's Role

Tempo is a marketplace venue that connects buyers and sellers of pre-owned luxury watches. Tempo is not the buyer or the seller in marketplace transactions, and the contract of sale for a watch is formed solely between the buyer and the seller. Tempo provides the platform, escrow-style payment handling, identity verification, dispute resolution, and related services to facilitate those transactions.

Tempo does not take ownership of watches sold through the Platform, does not set prices, and does not guarantee that any watch will sell or that any listing represents fair market value. Any pricing data, valuations, or market commentary displayed on the Platform are informational estimates only.

5. Marketplace Rules

For Sellers. Selling on Tempo is governed by the Tempo Seller Agreement, which all sellers must accept during onboarding. In summary: sellers must accurately describe every watch (brand, model, reference, condition, accessories, service history, known defects), use photographs of the actual watch, hold legal title or authority to sell, and ship within the required window with tracking and required insurance. Listing a counterfeit or misrepresented watch is a material breach and may result in suspension, financial liability, and referral to law enforcement.

For Buyers. When you complete checkout, you are making a binding commitment to purchase at the listed price plus stated shipping and any applicable tax, subject only to the limited post-delivery return right in the Tempo Return Policy. Your payment method is charged at purchase and the funds are held pending delivery and inspection as described in Section 6. You agree to inspect the watch promptly upon delivery and, within the applicable window, either approve the purchase, open a dispute, or request a remorse return under the Return Policy. You will not receive interest on funds held pending completion of a transaction.

6. Escrow, Payments, and Inspection Window

All marketplace transactions are processed through Tempo's escrow-style payment flow, with payment processing provided by Stripe. When a buyer completes a purchase, the payment is held and is not released to the seller until the earlier of (a) the buyer's confirmation of receipt and satisfaction, or (b) the expiration of the 72-hour inspection window following confirmed delivery, provided no dispute has been opened and no remorse return has been requested. If a dispute is opened within the window, or a remorse return is requested within the 24-hour return window, release is paused until the matter is resolved under Section 8 or the Tempo Return Policy.

Payment processing. Tempo does not itself process payments. Payment for transactions on the Platform — by credit card, debit card, and, where offered, bank-based payment methods — is handled by Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. Stripe's services are governed by Stripe's own terms and policies, available at https://stripe.com/legal, and Stripe's privacy policy, available at https://stripe.com/privacy (collectively, the "Stripe Agreements"). By accepting these Terms and using the payment features of the Platform, you also agree to be bound by the applicable Stripe Agreements, as Stripe may modify them from time to time. Where you maintain a payment method on file with Tempo or Stripe — for example, for a recurring subscription, or as authorized collateral or a card-on-file for a particular transaction type — you authorize Stripe to store that payment method and to continue charging it in accordance with your authorization, including after the payment method's stated expiration date, to avoid interruptions; you may remove a stored payment method through your account settings or by contacting us, except where it secures an obligation then outstanding. Tempo does not store full payment card numbers or bank account credentials on its servers. Except for Tempo's own obligations expressly set out in these Terms and the incorporated policies (including the escrow, dispute, and refund provisions of Sections 6 and 8 and the Return Policy), Tempo is not responsible or liable for the acts or omissions of Stripe or for the payment-processing services themselves.

7. Fees and Taxes

Seller fees. Tempo currently charges sellers no commission, listing fees, or transaction fees.

Buyer fees. Buyers currently pay the listing price, the seller's stated insured shipping cost, and any applicable sales or use tax. Tempo does not currently charge additional buyer fees.

Future changes. Tempo may introduce or change fees prospectively with at least thirty (30) days' notice. Fee changes will not apply retroactively to completed transactions.

Taxes. Where Tempo is required to do so under applicable marketplace facilitator laws, Tempo calculates, collects, and remits sales or use tax on facilitated transactions as described in the Tempo Marketplace Tax Collection Policy. Where Tempo does not have a collection obligation, sellers remain responsible for their own tax obligations.

8. Disputes Between Buyers and Sellers

If a buyer believes a delivered watch is inauthentic, does not match the listing description, is missing described accessories, or has undisclosed condition issues, the buyer may open a dispute within the 72-hour inspection window. Tempo will review evidence from both parties and may request additional information, photographs, or third-party authentication.

Tempo's resolution of a dispute may include one or more of the following: (a) full refund to the buyer; (b) partial refund to the buyer; (c) Tempo Credit issued to the buyer; (d) release of funds to the seller; or (e) a request for additional information before final determination.

Return shipping costs are allocated based on fault: where the seller materially misrepresented the watch, the seller bears return shipping; where the buyer's claim is not substantiated or reflects a change of mind, the buyer bears return shipping. In confirmed-counterfeit cases, the watch may be retained for law enforcement or destroyed rather than returned, consistent with applicable law.

Tempo's dispute determinations are final and binding as between the buyer and seller with respect to the disposition of escrowed funds. Nothing in this section limits a buyer's rights under applicable consumer protection law. Buyers and sellers may not resolve platform disputes through off-platform side agreements that contradict Tempo's determinations.

Non-delivery. Claims that a watch was never delivered are handled through the carrier insurance process described in the Seller Agreement rather than the inspection-window dispute process.

Remorse returns. If the watch conforms to the listing but you no longer want it, you may request a return within 24 hours of confirmed delivery under the Tempo Return Policy, subject to eligibility conditions, buyer-paid insured return shipping, and a restocking fee (15% to your original payment method, or 5% as Tempo Credit; 15% regardless of method above $100,000). Disputes and remorse returns are alternative paths — a dispute that Tempo determines reflects a change of mind may be converted to a remorse return or denied.

9. Prohibited Items and Conduct

Prohibited items. You may not list: counterfeit or replica watches; stolen watches or watches without clear legal title; watches with altered, removed, or obscured serial numbers; items that are not watches; or watches whose sale would violate applicable law (including CITES-restricted materials without required permits).

Prohibited conduct. You agree not to: (a) circumvent the Platform by soliciting or completing off-platform transactions with users you met through Tempo; (b) manipulate prices, place bids or offers you do not intend to honor, use false accounts, or otherwise interfere with the fair operation of the marketplace; (c) misrepresent your identity or affiliation; (d) upload content that infringes intellectual property rights, contains malware, or is unlawful; (e) scrape, harvest, or use automated means to extract data from the Platform without written permission; (f) interfere with or disrupt the Platform's operation or security; or (g) use the Platform to violate any applicable law.

Tempo may investigate suspected violations and may remove listings, cancel orders, withhold payouts pending investigation, limit privileges, suspend or terminate accounts, recover costs caused by the violation, and report conduct to law enforcement.

10. User Content

You retain ownership of content you submit to the Platform (listing photos, descriptions, messages, reviews, collection data). You grant Tempo a non-exclusive, worldwide, royalty-free, sublicensable license to host, display, reproduce, and distribute that content for the purposes of operating, marketing, and improving the Platform, including display in archived records of past sales. For sellers, the scope and survival of this license are further described in the Seller Agreement. You represent that you own or have rights to the content you submit.

Feedback, suggestions, and ideas you send us may be used by Tempo without restriction or compensation.

11. Intellectual Property; Copyright Complaints

The Platform, including its software, design, and Tempo-created content, is owned by Tempo and protected by intellectual property law. Watch brand names and trademarks appearing on the Platform belong to their respective owners and are used only to identify the goods offered for sale; no affiliation or endorsement is implied.

Copyright and IP infringement complaints are handled under the Tempo Copyright & Intellectual Property Policy, including DMCA takedown procedures.

12. AI Features and Informational Content

The Platform includes AI-assisted features (such as the Tempo Advisor) and editorial content. These features provide general information about watches and the market. They do not provide financial, investment, legal, tax, or other professional advice, and no Platform content should be relied on as a recommendation to buy or sell any watch as an investment. AI-generated responses may contain errors; verify material details against the listing itself before purchasing.

13. Third-Party Services

The Platform relies on third-party providers, including Stripe (payments, identity verification, payouts) and Clerk (authentication), and may link to external sites. Your use of third-party services is governed by their own terms and privacy policies, and Tempo is not responsible for third-party services. Payment-processing terms are addressed in Section 6.

14. Electronic Communications

By creating an account you consent to receive communications from Tempo electronically (email and in-platform notices), and you agree that electronic communications, disclosures, and records satisfy any legal requirement that such communications be in writing. Transactional and account communications are part of the service and cannot be opted out of while you maintain an account.

15. Disclaimer of Warranties

The Platform is provided "as is" and "as available." To the maximum extent permitted by law, Tempo disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. While Tempo verifies seller identities and reviews listings, Tempo does not guarantee the authenticity, condition, provenance, or value of any watch; buyer remedies for non-conforming watches are those described in Section 8 and the Buyer Protection Policy. Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

16. Limitation of Liability

To the maximum extent permitted by law: (a) Tempo will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits; and (b) Tempo's total liability arising out of or relating to these Terms or the Platform will not exceed the greater of (i) one hundred dollars ($100) and (ii) the amounts you paid to Tempo in fees in the twelve (12) months preceding the event giving rise to the claim. These limitations do not apply to liability that cannot be limited by law, or to Tempo's gross negligence or willful misconduct.

17. Indemnification

You agree to defend, indemnify, and hold harmless Tempo Watches, LLC and its members, officers, employees, and agents from and against claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: your breach of these Terms; your listings, purchases, or sales; your content; or your violation of applicable law or third-party rights.

18. Termination

You may close your account at any time by contacting admin@tempo-watches.com. Tempo may suspend or terminate your access for violations of these Terms or the incorporated policies, fraud, legal compliance reasons, or risk to the Platform or its users. Pending escrowed transactions at the time of termination are completed or unwound under the escrow and dispute provisions then in effect. Sections that by their nature should survive termination (including Sections 10, 11, and 15–21) survive.

19. Dispute Resolution with Tempo; Arbitration

This section is intentionally reserved.

20. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Subject to Section 19, any action arising out of these Terms or the Platform shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to personal jurisdiction there.

21. General

Entire agreement. These Terms and the incorporated policies are the entire agreement between you and Tempo regarding the Platform. Severability. If any provision is unenforceable, the remainder continues in effect. Waiver. Failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms without Tempo's consent; Tempo may assign them in connection with a merger, acquisition, or sale of assets. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of third-party services such as Stripe, payment networks, or carriers. Notices. Notices to Tempo: legal@tempo-watches.com. Notices to you: the email associated with your account.

22. Contact

Questions about these Terms: admin@tempo-watches.com.