Tempo Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE (SECTION 19) REQUIRES, WITH LIMITED EXCEPTIONS, THAT YOU SUBMIT CLAIMS AGAINST TEMPO TO BINDING INDIVIDUAL ARBITRATION RATHER THAN A COURT, THAT YOU MAY PURSUE CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS OR REPRESENTATIVE ACTION, AND THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU MAY OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 19.

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, the Tempo Credit Terms, 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. To purchase on Tempo, all buyers must complete a one-time identity verification through our verification provider (Stripe Identity) before their first 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.

Limited payments agent. Each Seller appoints Tempo as the Seller's limited payments agent for the sole purpose of receiving, holding, and settling payments made by Buyers for the Seller's watches. A Buyer's payment to Tempo (through Tempo's payment processor) is deemed payment made to the Seller and discharges the Buyer's payment obligation to the Seller to the extent of the payment, regardless of whether Tempo actually settles those funds to the Seller. Tempo holds funds as the Seller's agent, not as a principal transmitting money between unrelated parties; Tempo does not provide money-transmission services. Payments are processed and funds are held in custody by Tempo's third-party payment processor (Stripe) as described in Section 6, and the appointment, holding, and settlement of funds are subject to the escrow, inspection-window, dispute, and refund provisions of Section 6, Section 8, the Buyer Protection Policy, and the Return Policy. This appointment is confirmed in, and must be read consistently with, Seller Agreement §4.3.

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. For card payments, your payment method is authorized for the full amount at checkout and is charged when the seller accepts your order, which must occur within twenty-four (24) hours; if the seller does not accept within that window, the authorization is released and your order is cancelled at no cost to you. For bank transfer (wire) payments, where offered, checkout is a binding commitment subject to the wire payment terms in Section 6, and the seller's acceptance window begins when your funds are received in full rather than at checkout. Once charged, 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 and the seller accepts the order (see Section 5), the payment is captured and 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.

Bank transfer (wire) payments. Where Tempo offers bank transfer (wire) as a payment option — currently limited to transactions at or above a minimum watch price shown at checkout — the following terms apply. When you select wire and complete checkout, you make a binding commitment to purchase, the listing is reserved for you and withdrawn from sale, and you receive unique payment instructions issued through Stripe. Your funds must be received in full by the payment deadline disclosed at checkout (currently two (2) business days from checkout). No payment-processing fee is charged on wire transactions. Because the reservation takes the watch off the market while your funds are in transit, you will be asked at checkout to save a payment card and to expressly authorize a payment-failure fee — currently 3% of the watch price, disclosed at checkout before you commit — charged to that card if your funds are not received in full by the deadline; if the fee is charged, the order is cancelled, the reservation is released, and any partial funds received are returned to you by bank transfer. The payment-failure fee compensates the seller whose watch was reserved and withdrawn from sale during the payment period, and is paid to the seller. Partial payment does not extend the deadline. If your funds are received in full by the deadline, the seller's acceptance window under Section 5 begins at that time; if the seller does not accept your order, you receive a full refund by bank transfer and no payment-failure fee applies. Applicable sales or use tax is calculated and collected on wire transactions in the same manner as card transactions. Refunds of amounts paid by bank transfer are returned by bank transfer to the originating account and may take longer to complete than card refunds. Held wire funds, once received, are subject to the same escrow, inspection-window, dispute, and refund provisions as any other transaction, and you will not receive interest on them.

7. Fees and Taxes

Seller fees. Tempo charges sellers no commission, listing fees, or transaction fees on completed sales. Sellers pay a recurring subscription fee for selling privileges on the Platform, billed in advance on a periodic basis to the payment method on file. Subscription tiers, pricing, and the listing allowances associated with each tier are disclosed at the point of seller onboarding and in seller account settings, and are governed by the Tempo Seller Agreement. Subscription fees are non-refundable except as expressly stated at the point of sale or as required by law.

Buyer fees. Buyers pay the listing price, the seller's stated insured shipping cost, a payment-processing fee on card transactions (passed through to cover card and processor costs on the transaction), and any applicable sales or use tax. Bank transfer (wire) transactions carry no payment-processing fee; the wire payment terms, including the payment-failure fee for wires not received by the deadline, are described in Section 6. The payment-processing fee is calculated as a percentage of the transaction and is disclosed as a separate line item at checkout before you complete your purchase. The payment-processing fee is non-refundable on a remorse return (see the Tempo Return Policy) but is refunded as part of a full refund where a transaction is unwound for seller fault under the Buyer Protection Policy.

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. Confirmed counterfeit watches are not returned to circulation and are not returned to the seller or the buyer. At Tempo's direction, a confirmed counterfeit watch will be surrendered to law enforcement, destroyed with documented proof of destruction, or surrendered to Tempo. Where a counterfeit watch is provided to law enforcement, any property claim or communication regarding that watch must be directed solely to the relevant law-enforcement agency and not to Tempo. No person may resell a watch reasonably believed to be counterfeit, on the Platform or elsewhere. This disposition is coordinated with Seller Agreement §3.2 and §3.4.

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. This cap does not limit Tempo's obligation to refund or release funds held in escrow for the affected transaction in accordance with Sections 6 and 8, the Buyer Protection Policy, and the Return Policy. 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

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Binding arbitration. Except for the carve-outs below, you and Tempo agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by final and binding individual arbitration administered by JAMS under its applicable rules, including its consumer arbitration procedures where they apply, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this agreement to arbitrate. Judgment on the award may be entered in any court of competent jurisdiction.

Informal resolution first. Before commencing arbitration, you and Tempo must first try to resolve the dispute informally. The party raising the dispute must send a written Notice of Dispute to the other (to Tempo at admin@tempo-watches.com) describing the nature and basis of the claim and the relief sought. If the dispute is not resolved within sixty (60) days of the Notice, either party may commence arbitration. This informal-resolution requirement does not apply to a request for the equitable relief described in the carve-outs below.

Class-action waiver. You and Tempo agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. Public injunctive relief is carved out of this waiver: you may seek, and the arbitrator may award, public injunctive relief to the extent required for this arbitration agreement to be enforceable under applicable law.

Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Platform. Nothing here waives any non-waivable right, including the right to notify and seek relief through a government agency.

Arbitration fees. Payment of filing, administration, and arbitrator fees is governed by the JAMS rules, except that where the value of the relief sought is $75,000 or less, Tempo will pay those fees on your request, and Tempo will pay as much of the fees as the arbitrator determines is necessary to keep the arbitration from being cost-prohibitive relative to litigation.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to admin@tempo-watches.com within thirty (30) days of first accepting these Terms. If you opt out, Section 20 (Governing Law and Venue) governs any dispute.

Mass-arbitration coordination. If 25 or more similar arbitration demands are submitted by or with the assistance of the same or coordinated counsel, the demands will be administered in staged batches as described in the applicable JAMS procedures, with the parties cooperating in good faith to resolve them efficiently.

Severability. If any part of this arbitration agreement other than the class-action waiver is found unenforceable, that part is severed and the rest remains in effect. If the class-action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) will proceed in court rather than arbitration; however, this carve-out for unenforceability does not apply to any claim for public injunctive relief, which the parties intend to remain available as provided above.

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. Limitations period. To the extent permitted by law, any claim or cause of action arising out of or relating to the Platform or these Terms must be filed within one (1) year after the claim arose, or it is permanently barred. 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: admin@tempo-watches.com. Notices to you: the email associated with your account.

22. Notice for California Users

Under California Civil Code §1789.3, California users of the Platform are entitled to the following consumer-rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may contact Tempo at admin@tempo-watches.com.

23. Contact

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