Terms of Service

Effective Date: April 8, 2026

These Terms of Service (“Terms”) govern your access to and use of the OurGlass Gallery platform, website, applications, listings, auctions, Featured Curator Campaign opportunities, payment flows, resale features, and related services (collectively, the “Services”).

The Services are operated by Krispy Dreemz LLC, doing business as OurGlass Gallery (“OurGlass,” “we,” “us,” or “our”).

By accessing or using the Services, creating an account, listing artwork, placing a Featured Curator Campaign bid, placing an ownership bid, purchasing artwork, or otherwise participating in any transaction on the platform, you agree to these Terms.

These Terms contain provisions that limit our liability, require individual arbitration of most disputes, and waive your ability to participate in a class action, to the maximum extent permitted by law.

PART I — GENERAL TERMS (APPLIES TO ALL USERS) 1. OurGlass Platform Role

OurGlass operates an online marketplace that facilitates interactions and transactions among artists, Affiliate Curators, bidders, collectors, and resellers.

Unless expressly stated otherwise in writing by OurGlass:

• OurGlass is not the seller of artwork listed on the platform.
• OurGlass does not take title to artwork.
• OurGlass is not a consignee, bailee, warehouseman, shipper, carrier, insurer, appraiser, broker-dealer, investment adviser, bank, money transmitter, escrow company, or fiduciary.
• Transactions are made between users, with OurGlass providing platform, auction, payment facilitation, administrative, and related marketplace services.
• OurGlass may act as a limited payment agent solely for the purpose of facilitating collection and disbursement of funds through third-party payment processors.
• 2. Eligibility

You may use the Services only if:

• you are at least 18 years old;
• you have legal capacity to form a binding contract;
• you are not barred from using the Services under applicable law;
• you provide truthful, accurate, and current account, identity, payout, tax, and payment information.

If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• all activity that occurs under your account;
• promptly notifying us of unauthorized access or suspected security incidents.

OurGlass may require identity verification, tax information, payout verification, fraud review, or other compliance checks at any time, including before permitting listings, bids, purchases, payouts, or account access.

We may suspend, restrict, or terminate accounts that fail verification, present risk, or violate these Terms.

The Services may include, without limitation:

• Featured Curator Campaign Auctions;
• ownership auctions;
• direct or post-auction checkout flows;
• secondary resale transactions;
• Marketplace Commissions, Artist Resale Royalties on qualifying secondary sales, transaction costs, seller proceeds, payout calculations, and any approved Performance-Based Affiliate Curator Commissions.

Actions taken on the platform may create legally binding obligations. By using the Services, you agree that:

• bids may be binding offers;
• winning bids may create binding payment obligations;
• listing artwork may create binding sale and fulfillment obligations;
• resale activity may trigger applicable royalties, fees, and compliance review.
• 5. Payment Processing

OurGlass uses third-party payment service providers, including Stripe, to process payments, payouts, and related transactions. Your use of those payment services may also be subject to the terms, privacy policies, and rules of those providers.

By using the Services, you authorize:

• collection of payments from your selected payment method;
• disbursement of applicable amounts to eligible users;
• deduction of fees, Marketplace Commissions, transaction costs, payout-transfer costs, chargebacks, reversals, refunds, offsets, taxes, Artist Resale Royalties on qualifying secondary sales, approved Performance-Based Affiliate Curator Commissions, and other amounts authorized by these Terms or disclosed in the transaction flow.

OurGlass does not guarantee that any payment or payout method will always be available.

The platform may charge or apply fees and deductions, including:

• Featured Curator Campaign Fees for advertising campaign packages;
• 11.11% Marketplace Commission on qualifying ownership auction sales;
• 11.11% Marketplace Commission on qualifying secondary sales;
• 3.14% Artist Resale Royalty payable only on qualifying secondary sales;
• transaction costs, payout-transfer costs, and related administrative charges where disclosed.
• Performance-Based Affiliate Curator Commission of up to 22.22% of the final qualifying artwork sale price only when conditional requirements are satisfied.

The OurGlass business model currently includes Featured Curator Campaign Fees for advertising campaign packages, an 11.11% Marketplace Commission on qualifying ownership auction sales and qualifying secondary sales, a 3.14% Artist Resale Royalty only on qualifying secondary sales, and a Performance-Based Affiliate Curator Commission capped at up to 22.22% only when conditional requirements are satisfied.

All applicable amounts shown at checkout, bid confirmation, listing flow, payout view, or transaction summary are incorporated into these Terms.

OurGlass may offset against any payout or amount otherwise due to you any sums you owe to us, other users, payment processors, or taxing authorities in connection with your use of the Services.

Users are solely responsible for determining, collecting, reporting, and remitting any taxes applicable to their transactions, except to the extent OurGlass is required by law or marketplace rules to collect, withhold, report, or remit taxes.

We may request tax forms, identification numbers, and other documentation before allowing payouts or continued use of certain features.

You may not, and may not attempt to:

• manipulate auctions, bids, pricing, timing, rankings, or transaction outcomes;
• engage in shill bidding, wash trading, collusion, or self-dealing;
• misrepresent identity, authority, ownership, authenticity, provenance, condition, or transaction history;
• circumvent platform fees, Marketplace Commissions, Artist Resale Royalties, or approved Affiliate Curator Commission review controls;
• complete off-platform side deals arising from users or opportunities sourced through OurGlass for the purpose of avoiding fees or obligations;
• upload infringing, unlawful, deceptive, harmful, or unauthorized content;
• interfere with site operations, security, or payment systems;
• use bots, scripts, scraping tools, or automated means except as expressly authorized by us;
• exploit bugs, reverse engineer non-public parts of the Services, or bypass access controls.
• 9. Intellectual Property; User Content License

As between you and OurGlass, you retain ownership of content you lawfully own and submit to the platform.

By submitting, uploading, posting, displaying, or making content available through the Services, you grant OurGlass a worldwide, non-exclusive, sublicensable, royalty-free license to host, store, reproduce, display, perform, distribute, format, modify for technical purposes, promote, market, and otherwise use such content in connection with operating, improving, advertising, and providing the Services.

You represent and warrant that you have all rights necessary to grant that license.

If you believe content on the platform infringes your copyright or other intellectual property rights, send a notice to:

• support@ourglass.io

OurGlass may remove allegedly infringing material, disable access, request additional information, and terminate repeat infringers in appropriate circumstances.

Your use of the Services is also subject to our Privacy Policy.

We may modify, suspend, interrupt, or discontinue any part of the Services at any time, with or without notice. We do not guarantee continuous availability, error-free operation, or uninterrupted access.

OurGlass may place holds, delay access, reverse transactions where permitted, restrict functionality, remove listings, pause auctions, or suspend accounts if we determine, in our sole discretion, that there is:

• fraud risk;
• payment risk;
• legal or regulatory risk;
• identity or ownership uncertainty;
• dispute activity;
• policy violation;
• unusual activity;
• processor-imposed restriction.
• 14. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OURGLASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND AVAILABILITY.

WITHOUT LIMITING THE FOREGOING, OURGLASS DOES NOT WARRANT OR GUARANTEE:

• that any artwork will sell;
• that any Featured Curator Campaign will produce a sale, demand, or approved Affiliate Curator Commission;
• that any bidder will complete payment;
• that any listing is authentic, accurate, or non-infringing;
• that any resale will occur;
• that any payout will be available at any particular time;
• that the Services will be uninterrupted, secure, or error-free.
• 15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OURGLASS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY BUSINESS INTERRUPTION, GOODWILL, DATA, EXPECTED SAVINGS, OR BUSINESS OPPORTUNITY LOSSES.
• OURGLASS SHALL NOT BE LIABLE FOR DISPUTES BETWEEN USERS, INCLUDING DISPUTES RELATING TO AUTHENTICITY, CONDITION, OWNERSHIP, SHIPPING, DELIVERY, PAYMENT FAILURE, CHARGEBACKS, OR MISREPRESENTATIONS.
• OURGLASS’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
• (A) THE TOTAL AMOUNT OF FEES YOU PAID DIRECTLY TO OURGLASS DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

You agree to defend, indemnify, and hold harmless OurGlass, Krispy Dreemz LLC, and their officers, managers, employees, contractors, affiliates, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• your use of the Services;
• your listings, bids, purchases, Featured Curator Campaign participation, sales, or resales;
• your content;
• your violation of these Terms;
• your violation of any law or rights of another person;
• disputes between you and another user.
• 17. Arbitration; Class Action Waiver

Please read this section carefully.

To the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration, and not in court, except that either party may bring an individual claim in small claims court if eligible.

You and OurGlass each waive any right to a jury trial and any right to participate in a class action, class arbitration, mass arbitration, consolidated action, or representative proceeding.

The arbitration shall be conducted in the United States, in English, under commercially reasonable arbitration procedures selected by OurGlass, unless otherwise required by law.

If a court determines the class action waiver is unenforceable as to a particular claim, then that claim shall proceed in court and the remainder of this arbitration section shall remain in effect to the fullest extent permitted.

These Terms are governed by the laws of the State designated by OurGlass as its principal governing jurisdiction, without regard to conflict-of-laws rules, except to the extent superseded by federal law or otherwise required by applicable law.

You may stop using the Services at any time.

We may suspend or terminate your access to some or all of the Services at any time, with or without notice, for any lawful reason, including fraud risk, payment risk, legal risk, inactivity, or violation of these Terms.

Sections that by their nature should survive termination will survive, including payment obligations, indemnity, disclaimers, limitations of liability, dispute resolution, and intellectual property provisions.

We may update these Terms from time to time. Updated Terms will become effective when posted or on the effective date stated in the updated Terms. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

These Artist Terms apply in addition to the General Terms whenever you submit, list, auction, relist, or otherwise offer artwork through the Services.

You may list artwork only if you have full legal authority to do so and can transfer the rights and physical possession required to complete the transaction.

By listing artwork, you represent and warrant that:

• you are the lawful owner of the artwork or are fully authorized by the owner to list and sell it;
• the artwork and listing do not infringe any copyright, trademark, moral right, publicity right, privacy right, or other third-party right;
• the listing information is accurate and not misleading;
• any statements regarding authorship, provenance, medium, dimensions, edition status, condition, and authenticity are truthful and complete to the best of your knowledge;
• you will not list stolen, counterfeit, forged, or unlawfully possessed work.
• 24. Listing Review; Removal Rights

OurGlass may review, reject, edit for formatting, unpublish, suspend, or remove any listing at any time, including for legal, reputational, operational, fraud, compliance, or quality reasons.

If your artwork is accepted for listing and enters an auction or resale flow, you agree to honor the transaction outcome as determined under the applicable listing and auction rules, unless OurGlass cancels or voids the transaction.

You may not evade a completed transaction by refusing to transfer the artwork, withholding fulfillment, changing agreed terms after the fact, or completing a side deal off-platform.

Unless OurGlass expressly agrees otherwise in writing for a specific transaction, you are solely responsible for:

• safeguarding the artwork before transfer;
• ensuring the artwork matches the listing description and images in all material respects;
• timely shipment, delivery, handoff, or other fulfillment obligations;
• appropriate packaging, insurance, tracking, and delivery coordination where applicable;
• any loss caused by your failure to fulfill properly.

Risk of loss and transfer timing may be governed by the applicable transaction flow, shipping terms shown to the parties, and payment processor release rules.

Where offered by the platform, original artists may be entitled to a 3.14% royalty on eligible secondary sales completed through the OurGlass platform.

You acknowledge and agree that:

• royalties apply only to transactions processed through OurGlass;
• no royalty is owed by OurGlass for off-platform transactions unless separately agreed in a signed writing;
• OurGlass may calculate, deduct, credit, and display royalties according to platform rules and processor capabilities.
• 28. Artist Payouts; Holds; Reversals

Any payout to you may be delayed, withheld, reversed, reduced, or offset if:

• the buyer fails payment;
• the transaction is disputed or charged back;
• fraud or compliance concerns arise;
• the listing is materially inaccurate;
• there is a claim of infringement, theft, forgery, or non-delivery;
• a payment processor or legal obligation requires restraint or reversal.
• 29. Artist Indemnity for Listings

You are solely responsible for your artwork, listing content, fulfillment conduct, and all claims arising from them, including authenticity, provenance, title, infringement, and condition disputes.

These Affiliate Curator Terms apply in addition to the General Terms whenever you bid for, purchase, or participate in a Featured Curator Campaign opportunity on the platform.

OurGlass may offer Featured Curator Campaign opportunities in connection with artwork visibility, promotion, marketplace placement, or related advertising campaign activity.

A Featured Curator Campaign is an advertising campaign package through which an Affiliate Curator may pay a Featured Curator Campaign Fee for promotional services associated with a listed artwork, subject to platform rules. The package provides promotional value regardless of whether the artwork sells.

By placing a Featured Curator Campaign bid or otherwise participating as an Affiliate Curator, you expressly acknowledge and agree that:

• a Featured Curator Campaign Fee purchases advertising campaign services only;
• you are not purchasing artwork title or any collector rights in the artwork;
• you are purchasing a promotional campaign package offered by the platform;
• any Performance-Based Affiliate Curator Commission is conditional, non-guaranteed, discretionary, admin-approved, attribution-dependent, sale-completion-dependent, cleared-payment-dependent, fraud-review-dependent, chargeback-review-dependent, payout-hold-dependent, and compliance-review-dependent;
• you should participate only for the promotional campaign services described at checkout.
• 32. No Sale or Commission Guarantee

Featured Curator Campaign outcomes are uncertain. You understand and agree that:

• artwork may fail to sell;
• a final sale price may vary;
• promotional performance may vary;
• technical, market, fraud, or compliance events may affect the transaction;
• the Featured Curator Campaign Fee may be non-refundable once the campaign package has delivered promotional value, to the maximum extent permitted by the disclosed transaction rules.

OurGlass does not guarantee that any Featured Curator Campaign will produce visibility, engagement, demand, sale completion, or an approved Affiliate Curator commission.

When you place a Featured Curator Campaign bid, you are making a binding offer under the platform rules shown at the time of bidding. If you are the winning Affiliate Curator, you authorize charge and settlement of the required Featured Curator Campaign Fee using your designated payment method.

Failure to complete payment may result in suspension, cancellation of campaign participation, loss of access to Featured Curator Campaign features, collection efforts, and permanent removal from the platform.

Featured Curator Campaign Fees are advertising campaign fees and are separate from Marketplace Commission, Artist Resale Royalty, transaction costs, payout-transfer costs, seller proceeds, and any approved Performance-Based Affiliate Curator Commission.

If the platform reviews a Performance-Based Affiliate Curator Commission, you acknowledge that:

• any such commission is governed solely by the rules disclosed in the relevant Featured Curator Campaign flow;
• it is capped at up to 22.22% of the final qualifying artwork sale price and conditional on approved attribution, completed sale, cleared payment, fraud review, chargeback review, payout-hold review, and compliance review;
• any approved commission may be reduced or denied because of attribution review, sale-completion review, cleared-payment review, fraud review, chargeback review, payout-hold review, compliance review, taxes, processor deductions, and offsets;
• no Affiliate Curator commission is guaranteed.
• 35. Affiliate Curator Conduct

You may not use Featured Curator Campaign features to:

• mischaracterize campaign services or commission eligibility;
• coordinate with artists or bidders to manipulate outcomes;
• inflate perceived demand;
• mislead users about an Affiliate Curator’s relationship to an artwork or artist;
• engage in deceptive advertising, unlawful promotion, or undisclosed endorsement conduct.
• 36. Marketing and Disclosure Compliance

If your Featured Curator Campaign involves brand names, commercial messages, logos, or promotional claims, you are solely responsible for ensuring that your content complies with advertising, endorsement, unfair competition, and consumer protection laws.

OurGlass may reject or remove Featured Curator Campaign content at any time.

These Buyer / Collector Terms apply in addition to the General Terms whenever you bid in an ownership auction, purchase artwork, complete checkout, or resell artwork through the platform.

Placing a bid in an ownership auction constitutes a binding offer to purchase the artwork if you are the winning bidder, subject to platform rules and any lawful cancellation or voiding by OurGlass.

If you complete a checkout or other purchase flow, you agree to pay the full amount shown, including any disclosed fees, taxes, shipping-related charges, or other applicable amounts.

By bidding or purchasing, you authorize OurGlass and its payment processors to charge your designated payment method for all amounts due.

If you fail to complete payment, OurGlass may:

• cancel the transaction;
• suspend or terminate your account;
• prohibit future bidding or purchases;
• relist the artwork;
• recover losses, costs, chargebacks, and administrative expenses from you to the extent permitted by law.
• 39. No Buyer Reliance on Platform Guarantee

You understand that OurGlass is a marketplace facilitator and not the seller. Except where required by law or expressly stated by OurGlass in writing, OurGlass does not independently guarantee:

• authenticity;
• provenance;
• condition;
• quality;
• merchantability;
• fitness for a specific purpose;
• uninterrupted title.

Buyers are responsible for reviewing available listing information before bidding or purchasing.

Except where prohibited by law or expressly stated otherwise in writing, artwork is offered and sold as is, where is, and with all faults, based on the listing and transaction information made available on the platform.

Minor variations in appearance may occur due to photography, display settings, framing, age, medium, or ordinary handling.

Unless OurGlass expressly undertakes a separate written role in logistics for a particular transaction, shipment, pickup, delivery, insurance, and related fulfillment matters are handled by the transacting users and any chosen service providers.

OurGlass is not liable for loss, delay, theft, damage in transit, customs issues, or delivery disputes, except to the extent caused directly by OurGlass’s own willful misconduct and not otherwise disclaimed by these Terms.

Because the platform involves auctions, time-sensitive listings, and payout reliance:

• winning bids are generally final;
• completed purchases are generally non-cancelable and non-refundable;
• Featured Curator Campaign Fees are generally non-refundable once the campaign package has delivered promotional value;
• exceptions may be made only where required by law, expressly provided in a posted policy, mandated by a payment processor, or approved by OurGlass in its sole discretion.

If OurGlass determines that a refund, reversal, or cancellation is appropriate, we may deduct or recover the corresponding amounts from any user who received or retained funds connected to the transaction.

If you relist artwork for resale through the platform, you become subject to the Artist Terms to the extent applicable to your role as seller, including listing accuracy, fulfillment obligations, and compliance with royalties and fees.

Secondary sales completed through OurGlass may be subject to:

• platform resale commissions;
• the original artist royalty;
• payment processor deductions;
• fraud review and payout holds.
• 44. Collector Conduct

Collectors may not:

• engage in sham purchases, self-purchases, or coordinated bidding;
• refuse payment after winning without valid legal basis;
• attempt off-platform side settlements to avoid platform obligations;
• make false claims of non-delivery, chargeback abuse, or payment fraud.
• PART V — MISCELLANEOUS
• 45. Order of Precedence

If there is a conflict between:

• the General Terms; and
• the role-specific terms,

then the role-specific terms control for the activity at issue.

If there is a conflict between these Terms and a separately executed written agreement signed by OurGlass, the signed written agreement controls only to the extent of that conflict.

You agree that electronic records, click-through acceptances, checkboxes, confirmations, notices, transaction histories, and platform logs may be used to demonstrate assent, authorization, and transaction activity, and will have the same effect as paper records to the extent permitted by law.

If any provision of these Terms is held unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.

Failure by OurGlass to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

These Terms, together with any policies and transaction-specific disclosures expressly incorporated by reference, constitute the entire agreement between you and OurGlass regarding the Services and supersede prior or contemporaneous understandings on that subject.

Questions, notices, and support requests regarding the Services or these Terms may be directed to:

OurGlass may also provide support, dispute intake, and account communications through in-platform support tools, account dashboards, or designated contact forms.

You agree that OurGlass may provide notices to you by any of the following methods:

• email to the address associated with your account;
• postings on the Services;
• in-app notifications;
• dashboard alerts;
• other electronic communications permitted by law.

You are responsible for keeping your contact information current.

Unless otherwise required by law or expressly stated in these Terms, notices to OurGlass must be sent to support@ourglass.io and will be deemed given when actually received by OurGlass.

OurGlass will not be liable for any delay, interruption, failure in performance, or inability to provide the Services caused by events beyond its reasonable control, including:

• acts of God;
• natural disasters;
• fire;
• flood;
• severe weather;
• war;
• terrorism;
• civil unrest;
• labor disputes;
• internet or telecommunications failures;
• power outages;
• payment network disruptions;
• cloud, hosting, or infrastructure failures;
• cyberattacks;
• governmental actions;
• legal or regulatory restrictions.

During any such event, OurGlass may suspend, delay, restrict, or cancel affected Services, transactions, payouts, auctions, or account functionality as reasonably necessary.

Except as expressly provided in these Terms, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and OurGlass.

Section titles and headings are included for convenience only and do not affect interpretation.

In these Terms:

• the words “including” and “include” mean “including without limitation”;
• the singular includes the plural and vice versa where the context permits;
• references to “you” include the individual or entity using the Services, as applicable.