Conditions and terms of use

Last Updated: March 26, 2025

1. INTRODUCTION

Welcome to Instruement (“Platform”), a digital certification platform for luthiers and musical instrument owners. These Terms of Use (“Terms”) govern your access to and use of the Instruement platform, website, and services.

Instruement is operated by Adrián Ortiz Arandes (“we,” “us,” or “our”). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

2. DEFINITIONS

  • “Platform” refers to the Instruement website, web application, and all related services.
  • “User” refers to any individual who accesses or uses the Platform, including Viewers, Luthiers, and Buyers.
  • “Viewer” refers to any User who can view but not receive or own Digital Certification Asset.
  • “Luthier” refers to an instrument maker who has been authenticated and endorsed on the Platform.
  • “Buyer” refers to a musician, collector, or any individual who receives, owns, or transfers a Digital Certification Asset.
  • “Digital Certification Asset” or its acronym “DCA” is a digital representation of a unique physical asset. A DCA serves as a verifiable, transferable digital record that can provide proof of it’s issuer and ownership and track the history of an asset. On the Instruement Platform, a DCA represents a unique musical instrument, providing:
    • A cryptographically secured digital token backed by blockchain technology
    • A comprehensive record of the instrument’s origin, specifications, and ownership history
    • An immutable, non-alterable digital certificate
    • A mechanism for secure ownership transfer
    • A mechanism for verification
  • “Workshop Profile” refers to a Luthier’s authenticated profile on the Platform.
  • “Wallet” refers to the blockchain wallet used to store and manage Digital Certification Asset.
  • “Smart Contract” refers to the self-executing contract with the terms directly written into code on the blockchain.

3. PLATFORM OVERVIEW

Instruement provides a platform for:

  • Workshop authentication and public profile creation
  • Digital instrument certification and registration
  • Secure ownership transfer of Digital Certification Assets
  • Connection between instrument makers and their creations through issuer identity verification
  • Instrument history tracking through associated DCAs

The Platform facilitates the creation of maintenance DCAs which can be associated with a registration certificate only with the permission of the current owner of that certificate.

4. USER ACCOUNTS

4.1 Account Types

The Platform supports different types of accounts:

  • Workshop Accounts for authenticated luthiers
  • Buyer Accounts for those receiving DCAs

4.2 Account Creation and Verification

  • Workshop Accounts can be created through email verification, social login, or EVM-compatible blockchain wallets. However, all Workshop Accounts require a valid email to establish the relationship between the blockchain address and the Workshop profile.
  • Buyer Accounts can be created through anonymous login with email or phone verification, social login, or EVM-compatible blockchain wallets.

4.3 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account information and wallet keys
  • All activities that occur under your account or wallet
  • Ensuring the accuracy of all information provided to the Platform
  • Notifying us immediately of any unauthorized use of your account

5. WORKSHOP PROFILES

5.1 Authentication Process

Our Workshop authentication process involves:

  • Identification of valid commercial workshops through public records
  • Peer recognition of craftsmanship through fellow luthier validation
  • Email verification of pre-vetted profiles

5.2 Workshop Status

  • Authentication status is displayed on your Workshop Profile
  • We reserve the right to revoke authentication status if we determine information is false or misleading
  • Workshop Profiles maintain an “active” status when the Workshop has issued at least one instrument registration or certificate of a different kind (e.g., maintenance) within the last year from the current date
  • Workshops that have not issued any certificates for over one year will be tagged as “inactive”

6. DIGITAL CERTIFICATION

6.1 Certificate Creation

  • Digital Certification Assets are created when Luthiers register instruments with detailed specifications, images, and documentation
  • Each Digital Certification Asset is backed by blockchain technology on the Arbitrum One Ethereum Layer 2 blockchain network

6.2 Certificate Ownership

  • Initial ownership belongs to the Luthier who creates the certificate
  • Ownership can be transferred to Buyers through the Platform or directly via blockchain transactions
  • The issuing Luthier maintains a connection to the issued certificates through verification of their identity as the issuer
  • No royalties apply to transfers of Digital Certification Assets, neither in favor of the Luthier nor for the Platform

6.3 Certificate Integrity

  • Digital Certification Assets cannot be altered after creation
  • Maintenance records are separate DCAs that cannot be altered after creation
  • Maintenance record DCAs can be associated with a registration certificate only with the permission of the current owner of that certificate

7. TRANSFER PROCESS

7.1 Transfer Methods

Digital Certification Assets may be transferred to Buyers through:

  • QR code scanning
  • Direct link sharing
  • Direct blockchain transactions

7.2 Transfer Conditions

  • Transfers through the Platform require the Buyer to create or access an account through email, phone verification, social login, or blockchain wallet
  • Once transferred, the certificate appears in the Buyer’s account and wallet
  • The issuing Luthier maintains connection to the instrument through the issuing proof and the Platform’s database where the instrument information is also saved

8. CONTENT GUIDELINES

8.1 User Content

Users are responsible for all content they upload to the Platform, including:

  • Instrument descriptions
  • Images and documentation
  • Workshop information

8.2 Prohibited Content

Users must not upload content that:

  • Infringes on intellectual property rights
  • Contains false or misleading information
  • Violates any applicable laws or regulations
  • Contains malicious code or harmful components

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Platform Content

The Platform, including its design, functionality, and content provided by us, is protected by copyright, trademark, and other intellectual property laws.

9.2 User Content

  • You retain ownership of content you upload to the Platform
  • By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and distribute such content for the purposes of providing and improving the Platform

10. PRICING AND PAYMENT

10.1 Fee Structure

  • Workshop verification and public profiles are free
  • Instrument registration fees are determined by instrument complexity and categorized in tiers
  • Current pricing is available on our website
  • Blockchain transaction fees (gas fees) are separate from Platform fees and vary based on network conditions

10.2 Payment Processing

  • All payments are processed through our authorized payment processors
  • We accept payment in [list accepted currencies/methods]
  • You agree to provide accurate billing information and promptly update any changes

10.3 Billing Practices

  • Invoices will be delivered to the email associated with your account
  • Records of all transactions will be maintained in your account dashboard
  • Applicable taxes will be calculated and included based on your location
  • All fees are non-refundable unless otherwise specified

10.4 Digital Certificate Registration Immutability

Due to the blockchain-based nature of our Digital Certification Assets, once a payment is completed and the instrument registration is processed, Users acknowledge and agree that:

  • The registration process is irreversible
  • No right of withdrawal exists after payment
  • The immutable nature of blockchain technology means that once a DCA is created, it cannot be cancelled or reversed
  • This characteristic is fundamental to the platform’s technology and the permanent digital provenance tracking of instruments

11. PRIVACY

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

12. LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Platform.

13. DISCLAIMERS

13.1 Platform Availability

We do not guarantee that the Platform will be available at all times or that it will be error-free.

13.2 Certificate Authenticity

  • While we provide a technology platform for authentication, we do not personally authenticate instruments
  • Authentication relies on the Luthier’s representations and peer recognition
  • We make no warranties about the accuracy of information provided by Users

13.3 Blockchain Risks

  • We are not responsible for any losses due to blockchain transaction errors, wallet security breaches, or smart contract vulnerabilities
  • You acknowledge the inherent risks associated with blockchain technology, digital assets, and cryptocurrencies

14. TERM AND TERMINATION

14.1 Term

These Terms will remain in effect while you use the Platform.

14.2 Termination

  • You may terminate your account at any time
  • We may terminate or suspend your account for violations of these Terms
  • Sections related to intellectual property, limitations of liability, and dispute resolution will survive termination

14.3 Effects of Termination

  • Upon termination, you will lose access to your account
  • Digital Certification Assets created before termination will remain on the blockchain
  • If your Workshop Profile is terminated, it will be tagged as “inactive”

15. CHANGES TO TERMS

We may update these Terms from time to time. If we make significant changes, we will notify you through the Platform or by other means. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with Spanish law in effect at the time of the events giving rise to any dispute.

Any dispute arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the Courts and Tribunals of Granada (Spain), with both the Platform and Users expressly waiving any other jurisdiction that might otherwise apply.

For complaints related to the use of our services, users may contact us via email at support@instruement.com. We commit to seeking an amicable resolution to any conflict at all times.

The dispute resolution process shall proceed as follows:

  1. Informal negotiation and amicable resolution attempt (30 days)
  2. Mediation (if negotiation fails)
  3. Judicial resolution through the Courts of Granada (if mediation fails)

17. MISCELLANEOUS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Platform.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign these Terms without our prior written consent, but we may assign these Terms without restriction.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Email: support@instruement.com