Terms of Service

Effective Date: May 1, 2026 | Last Updated: May 1, 2026

PLEASE READ CAREFULLY. THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND A CLASS-ACTION WAIVER (SECTION 22). YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 22.7.

These Terms of Service (“Terms”) form a binding agreement between you and Arcform Musical Instruments, LLP (“Arcform,” “we,” “us,” or “our”), a Colorado limited liability partnership. They govern your access to and use of arcformguitars.com, our mobile and web applications, the Arcform Archive, Arcform Studio, The BE Hive™ marketplace, the BE Authentic™ verification platform as deployed for Arcform, and any other services we make available that link to or reference these Terms (collectively, the “Services”).

By creating an account, tapping an Arcform instrument, listing an instrument, purchasing an instrument or subscription, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.

1. Definitions

Account: the user account you create to access the Services.
Arcform Instrument: a musical instrument manufactured, branded, or authenticated by Arcform that contains an embedded BE Authentic cryptographic authentication module.
BE Authentic: the cryptographic verification platform consisting of authentication modules, the verification server, account services, and the protocols described in our patents and product documentation.
BE Hive: Arcform’s peer-to-peer marketplace where users buy and sell Arcform Instruments using NFC-verified provenance.
Content: any text, photos, audio recordings, descriptions, instrument names, stories, attestations, listings, messages, reviews, or other material you provide to or through the Services.
Moment: a verified interaction event recorded when you tap an Arcform Instrument while authenticated, optionally accompanied by user-attested metadata.
Provenance Record: the cumulative record of verified interaction events associated with a specific Arcform Instrument over its lifetime.
User-Attested Metadata: information you choose to associate with a Moment that is recorded as user-provided and is not independently verified by Arcform.
User Skill Credential: a credential summarizing your verified interaction history with one or more instruments, optionally combined with AI-assessed or user-attested skill claims.

2. Eligibility, Accounts, and Account Security

2.1 Eligibility

You must be at least 13 years old (or the equivalent minimum digital-consent age in your jurisdiction) to create an Account. You must be at least 18 years old (or the age of majority in your jurisdiction) to: (a) buy, sell, or transfer an instrument through The BE Hive; (b) make or receive payments through the Services; (c) request or release a User Skill Credential to a third party; or (d) enter into any binding contract through the Services. Children under 18 may use the Services only under the supervision of a parent, guardian, or household primary account holder, who accepts these Terms on the minor’s behalf.

2.2 Account Registration

You agree to provide accurate, current, and complete information during registration and to keep that information up to date. You may not impersonate any person or entity, misrepresent your identity, or use another person’s Account without permission.

2.3 Account Security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. You must notify us promptly at security@arcformguitars.com of any unauthorized access. We are not liable for losses caused by unauthorized use of your Account that occurs before you notify us.

2.4 One Account per Person

Unless we expressly authorize otherwise in writing, you may maintain only one Account. We may suspend or terminate duplicate Accounts.

3. The Services

The Services include, without limitation:

Arcform Archive — instrument records, ownership history, photos, stories, maintenance records, and Provenance Records;
Arcform Studio — practice tracking, NFC-verified sessions, optional recording, streaks, levels, badges, and skill metrics;
The BE Hive — peer-to-peer marketplace for Arcform Instruments, with NFC verification on listing and on receipt;
BE Authentic — cryptographic verification of physical interaction with Arcform Instruments and generation of Moments and Provenance Records;
Household, Band, and Lending — features that allow shared use of instruments while preserving individual identity in Provenance Records;
User Skill Credentials — user-controlled credentials that may be shared with third parties at your direction.

We may add, modify, or discontinue features at any time. We will give reasonable notice of material changes that adversely affect your use of the Services.

4. NFC Verification — What It Proves and Does Not Prove

BE Authentic is a verification system, not a surveillance system. You acknowledge and agree to the following technical realities:

What a Moment proves:

That a physical NFC tap of the specific Arcform Instrument occurred (a valid CMAC signature requires physical activation of the embedded authentication module);
The time the verification server received the tap;
The authenticated user identifier associated with the session at the time of the tap; and
The sequence integrity of taps for that instrument (a monotonic counter prevents replay or fabrication).

What a Moment does not prove:

Any specific activity that occurred between two taps (the system has no visibility into what you did);
That any audio, video, photo, or other media was actually captured during a session;
The accuracy of any User-Attested Metadata you add (we record it but do not independently verify it); or
Continuous possession of the instrument between taps.

You agree not to represent or imply that BE Authentic verifies anything beyond what is described above. Misrepresentation of the meaning of a Moment, Provenance Record, or User Skill Credential to any third party is a material breach of these Terms.

5. Provenance Records and Ownership Transfer

5.1 Provenance Records Are Cumulative

A Provenance Record accumulates over the life of an instrument. Your verified Moments, while you own or interact with an instrument, become part of that instrument’s Provenance Record and remain associated with the instrument when ownership transfers.

5.2 Identity in Provenance

You can control whether your real name, only your display name, or only an anonymized indicator (for example, “Previous Owner”) appears in publicly viewable portions of a Provenance Record. Default settings are described in the Privacy Policy.

5.3 Deletion and Provenance

If you delete your Account, we will treat your Account-level personal information as described in the Privacy Policy. Verified Moments you contributed during your ownership may persist in the Provenance Record of an instrument, with your name removed or replaced as described in Section 5.2, in order to preserve the integrity of the record for subsequent owners. We will explain the result of any specific deletion request when we respond to it.

5.4 Ownership Transfer

Transferring ownership of an Arcform Instrument through the Services requires that both parties hold an Account, that NFC verification confirms physical possession at the appropriate steps, and that the transfer is completed through the Services. Transfers conducted outside the Services may not update the Provenance Record and may impair the buyer’s ability to assert authenticated ownership.

5.5 Stolen or Lost Instruments

If you report an instrument as stolen or lost, we may flag the corresponding Provenance Record and notify users who attempt to claim, transfer, or list that instrument. False reports of theft or loss are prohibited and may result in account termination and legal liability.

6. User Content

6.1 Your Content, Your Responsibility

You retain ownership of Content you submit. You represent and warrant that you own or have the necessary rights to all Content you submit and that your Content does not infringe or violate the rights of any third party or any law.

6.2 License to Arcform

You grant Arcform a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (only as necessary for technical operation, formatting, and security), display, and distribute your Content solely as needed to: (a) operate, provide, and improve the Services; (b) maintain the integrity of Provenance Records associated with instruments; (c) enable other users to interact with your Content as you have configured (for example, viewing your marketplace listing or your public profile); and (d) comply with law. This license terminates when you delete the Content, except that: (i) Content embedded in or referenced by Provenance Records may persist as described in Section 5; and (ii) reasonable backup copies may persist for a limited period.

6.3 Feedback

If you submit suggestions, ideas, or feedback about the Services, you grant Arcform a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation.

6.4 Content Standards

Your Content must not be unlawful, deceptive, defamatory, harassing, hateful, sexually explicit, invasive of another’s privacy, or in violation of intellectual property rights. We may remove or restrict Content that violates these Terms or that we reasonably believe creates legal or safety risk, with or without notice.

7. The BE Hive Marketplace

7.1 Arcform’s Role

Except for sales in which Arcform is identified as the seller of record, Arcform is a venue, not a party, to BE Hive transactions. Sellers are independent third parties responsible for their listings, descriptions, accuracy, condition statements, photographs, pricing, taxes, customs, packaging, shipping, returns, and warranties. Buyers are responsible for evaluating listings before bidding, offering, or buying.

7.2 Listing Requirements

To list an Arcform Instrument, you must:

Be the verified owner of record according to the Provenance Record;
Complete an NFC verification at the time of listing to confirm physical possession;
Provide accurate descriptions, condition disclosures, and photographs;
Comply with all applicable laws including consumer protection, sales tax, and export laws.

7.3 Buying

By placing a winning offer or completing a purchase, you commit to pay the agreed amount including any platform fees, taxes, and shipping. Funds are held by our escrow provider (currently Escrow.com) until the buyer confirms receipt and completes an NFC verification of the received instrument, at which time ownership records are updated and funds are released to the seller, less applicable fees.

7.4 Fees

We charge marketplace and payment-processing fees as disclosed in the Services at the time of listing or purchase. Fees may change with reasonable notice. Once a transaction is completed, fees are non-refundable except as required by law or as expressly stated in the dispute-resolution flow.

7.5 Disputes

Buyers and sellers must first attempt to resolve disputes through the in-app messaging and dispute flow. If resolution is not reached, our team may review the dispute and make a final determination regarding release of escrow, refund, or partial refund. Our determination of escrow release is binding for purposes of the marketplace transaction; it does not preclude either party from pursuing other available remedies subject to Section 22.

7.6 Prohibited Marketplace Conduct

You agree not to: list non-Arcform items as Arcform Instruments; list stolen or counterfeit goods; misrepresent condition or provenance; conduct off-platform transactions to evade fees or NFC verification; engage in shill bidding, fee avoidance, or fraudulent payment activity; harvest user information from listings or messages; or use the marketplace for money laundering or other illegal purposes.

7.7 Direct Sales by Arcform

When Arcform sells a new instrument or product directly to you, the sale is governed by these Terms together with the order confirmation and any applicable warranty document, which collectively form the sales contract. Unless otherwise stated, new Arcform Instruments are sold with the manufacturer’s limited warranty made available at the time of sale, and returns are governed by the Refund Policy disclosed at checkout.

8. Arcform Studio: Practice, Recordings, and Skill Credentials

8.1 Practice Tracking

Practice sessions begin and end with NFC verification. Session metadata (start, end, duration, exercises, etc.) is recorded against your Account. You agree that data you generate in Studio is associated with your Account and your User Skill Credential.

8.2 Optional Recording

You may opt to record audio of your practice or performance sessions. Recordings are your Content, subject to Section 6, and are retained as described in the Privacy Policy. Do not record other people without their knowledge and consent where required by applicable law. You are solely responsible for compliance with audio-recording laws in your jurisdiction.

8.3 User Skill Credentials

BE Authentic may generate User Skill Credentials that summarize your verified interaction history. Credentials clearly distinguish between cryptographically verified metrics, AI-assessed levels, and user-attested claims. Release of credential data to a third party requires your express, per-request consent and is logged in an audit trail accessible to you.

9. Household, Band, and Lending Features

Household, band, and lending features let multiple users interact with shared instruments while preserving individual identity in Provenance Records. The primary account holder of a household is responsible for adding and removing members, including any minors, and represents that they have the authority to do so. Lending an instrument does not transfer ownership; the lender remains responsible for the instrument and the lending arrangement.

10. Points, Levels, Badges, and Other Recognition

The Services include gamification elements such as points, experience (XP), levels, streaks, and badges. These elements:

Have no cash value, are not money, and are not redeemable for money;
Are personal to you, are not transferable, and may not be sold, traded, or assigned;
May be adjusted, expired, or revoked by Arcform to address errors, abuse, or program changes; and
Are provided as recognition only and do not create any obligation by Arcform to provide value, compensation, or specific products or services.

Where the Services offer specific redemption opportunities (for example, store credit, marketplace credit, or merchandise), the redemption is governed by the additional terms presented at the time of redemption.

11. Subscriptions and Billing

Some features may require a paid subscription. By subscribing, you authorize us and our payment processor to charge the payment method on file on a recurring basis until you cancel. Subscriptions renew automatically at the then-current price unless canceled at least 24 hours before the renewal date. You may cancel at any time through your Account; cancellation takes effect at the end of the current billing period. Except as required by law, payments are non-refundable.

12. Acceptable Use

You agree not to:

Use the Services for any unlawful, fraudulent, or harmful purpose;
Reverse engineer, decompile, disassemble, tamper with, or attempt to derive cryptographic keys from any Arcform hardware, firmware, or software, except to the limited extent expressly permitted by applicable law and only after you have notified us in writing;
Clone, simulate, spoof, replay, or fabricate authentication modules, NFC packets, CMAC signatures, or counter values;
Use BE Authentic data to track the location of, profile, or surveil any person;
Probe, scan, or test the vulnerability of the Services without our prior written consent (the security@arcformguitars.com mailbox is the proper channel for responsible disclosure);
Interfere with, disrupt, or impair the Services, the verification server, or any user’s use of the Services;
Use any robot, scraper, or automated means to access the Services except for public search-engine indexing in accordance with our robots.txt;
Bypass technical or contractual restrictions, including marketplace fees, account limits, or rate limits;
Misrepresent the meaning of a Moment, Provenance Record, or User Skill Credential;
Submit Content that is unlawful, infringing, deceptive, or otherwise prohibited under Section 6.4; or
Encourage or assist any third party to do any of the foregoing.

13. Intellectual Property

13.1 Arcform Property

The Services, including software, design, hardware, firmware, content (other than user Content), aggregated data, trademarks, logos, taglines, and the underlying BE Authentic protocol and methods, are owned by Arcform and our affiliates (including Vector Normal, Ltd., which holds and licenses certain patents) or our licensors, and are protected by intellectual property and other laws.

13.2 Limited License to You

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for personal, non-commercial purposes — except that BE Hive sellers may use the marketplace for the purpose of selling instruments they own, and authorized resellers may use Arcform-supplied features as expressly authorized in writing.

13.3 Patent License Limits

Nothing in these Terms grants you any license under any Arcform or Vector Normal patent, except the limited license to use the Services as described in Section 13.2. The use of the Services does not entitle you to manufacture, distribute, sublicense, or commercialize products that practice any claim of those patents. Manufacturing, distribution, and commercialization rights for BE Authentic technology are available only through separately negotiated written license agreements.

13.4 Trademarks

“Arcform,” the Arcform logo, “BE Authentic,” “In the moment, BE Authentic,” “The BE Hive,” “Vector Normal,” and related marks are trademarks of Arcform or its affiliates. You may not use these marks without our prior written permission, except for nominative fair use (for example, accurately referring to an Arcform Instrument you are reselling).

13.5 Copyright Infringement (DMCA)

If you believe Content on the Services infringes your copyright, send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent at copyright@arcformguitars.com. We will respond as required by law. Repeat infringers will have their Accounts terminated.

14. Third-Party Services

The Services integrate with or link to third-party services (for example, payment, escrow, identity verification, shipping, mapping, and authentication providers). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party services and do not endorse them.

15. Privacy

Our Privacy Policy describes how we collect, use, share, and protect personal information. By using the Services, you agree to our Privacy Policy. The architectural privacy commitments described in our Privacy Policy (including user-initiated activation, no retroactive surveillance, and minimization by design) are also commitments we make under these Terms.

16. Changes to the Services or Terms

We may modify the Services or these Terms at any time. We will provide reasonable notice of material changes (for example, by email, in-app notice, or by posting an updated Last Updated date with a summary of changes). Material changes that increase your obligations or reduce your rights will not apply retroactively to existing transactions or to disputes that arose before the change. If you do not agree to a change, you may stop using the Services and, where applicable, cancel your subscription or close your Account.

17. Suspension and Termination

You may close your Account at any time. We may suspend or terminate your Account, or limit access to features, if we reasonably believe you have violated these Terms or applicable law, created risk or potential legal exposure, repeatedly engaged in disputes or chargebacks, or if continued provision is no longer commercially reasonable. We will give notice where practicable; we may act without notice in cases of fraud, security risk, abuse, or legal compulsion.

On termination, sections that by their nature should survive (including Sections 4, 5, 6.2, 10, 13, 18, 19, 20, 21, 22, and 23) will survive.

18. Disclaimers

The Services, including BE Authentic verification outputs, Provenance Records, User Skill Credentials, and The BE Hive marketplace, are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Services will be uninterrupted, error-free, or free of harmful components. Some jurisdictions do not allow the exclusion of certain warranties; the above exclusions may not apply to you in full.

Without limiting the above, Arcform makes no warranty regarding (a) the truth, accuracy, completeness, or reliability of any User-Attested Metadata; (b) the conduct or claims of any user; (c) the value, condition, authenticity, or merchantability of any item offered through The BE Hive beyond what NFC verification specifically establishes; or (d) the outcomes of any third-party verification of a User Skill Credential.

19. Limitation of Liability

To the maximum extent permitted by law, in no event will Arcform, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, or business opportunities, arising out of or related to these Terms or the Services, whether based in contract, tort, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total cumulative liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the amounts you have paid to Arcform in the 12 months preceding the event giving rise to liability, or (b) one hundred U.S. dollars (US$100). For liability arising out of a specific BE Hive transaction, our liability is additionally capped at the marketplace fees we collected on that transaction.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, gross negligence, willful misconduct, death, or personal injury caused by negligence.

20. Indemnification

You agree to defend, indemnify, and hold harmless Arcform, its affiliates, and their respective officers, partners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Content, (b) your use of or conduct on the Services, (c) your violation of these Terms or applicable law, (d) your violation of any third-party right (including intellectual property and privacy rights), or (e) any sale, listing, transfer, or representation you make through The BE Hive.

21. Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to them or to the Services are governed by the laws of the State of Colorado, USA, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 22, the state and federal courts located in Colorado have exclusive jurisdiction over any dispute that is not required to proceed in arbitration, and you consent to personal jurisdiction in those courts.

22. Binding Arbitration and Class-Action Waiver

22.1 Agreement to Arbitrate

You and Arcform agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your Account, or any transaction conducted through the Services (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified here.

22.2 Informal Dispute Resolution First

Before filing arbitration, you agree to send a written notice describing the Dispute to disputes@arcformguitars.com and to attempt to resolve the Dispute through good-faith negotiation for at least 60 days. We will send a corresponding notice to the email address on your Account.

22.3 Small Claims Carve-Out

Either party may bring an individual action in small-claims court for any Dispute that qualifies for that court’s jurisdiction, instead of arbitration.

22.4 Arbitration Procedure

Arbitration will be conducted in Colorado or, at your election, by telephone or video conference, or in your home county for in-person hearings if AAA rules permit. The arbitrator has authority to grant any remedy a court could grant in an individual action. Judgment on the award may be entered in any court of competent jurisdiction.

22.5 Class-Action Waiver

You and Arcform 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 or join more than one person’s claims and may not preside over any form of representative or class proceeding. If this Class-Action Waiver is held unenforceable, the entirety of Section 22 will be unenforceable as to the affected claim, which will then proceed in court under Section 21.

22.6 Mass Filings

If 25 or more similar arbitration demands are filed by or with the assistance of the same counsel or coordinated entity within a 60-day period (a “Mass Filing”), the parties agree that AAA will administer those demands in batches of up to 50 cases at a time, with one set of filing fees due per batch and a single arbitrator assigned to each batch. Limitation periods are tolled for cases pending batch assignment.

22.7 30-Day Right to Opt Out

You may opt out of this arbitration agreement by sending a clear, written opt-out notice to arbitration-optout@arcformguitars.com within 30 days after first accepting these Terms. Your notice must include your full name, the email associated with your Account, and a clear statement that you are opting out of arbitration. If you opt out, Section 22 will not apply to you, but the rest of these Terms (including Section 21) will continue to apply.

22.8 Severability

If any provision of Section 22 (other than the Class-Action Waiver) is found unenforceable, that provision will be severed and the remainder of Section 22 will continue in effect.

23. Miscellaneous

23.1 Entire Agreement

These Terms, together with the Privacy Policy and any order confirmations, warranty documents, or supplemental terms you accept (such as for a specific feature or product), constitute the entire agreement between you and Arcform regarding the Services.

23.2 Assignment

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

23.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law.

23.4 No Waiver

Our failure to enforce any right or provision will not be considered a waiver of that right or provision. A waiver must be in writing and signed by an authorized representative of Arcform.

23.5 Notices

We may give notice to you by email to the address on your Account, by in-app notification, or by posting on the Services. Notices to us must be sent to legal@arcformguitars.com, except where another address is specified for a particular topic.

23.6 Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, civil unrest, government actions, labor disputes, internet or utility outages, or pandemics.

23.7 Relationship of the Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Arcform.

23.8 Export Compliance

You agree to comply with applicable export-control and economic-sanctions laws and not to use the Services in any jurisdiction or by any person prohibited by those laws.

23.9 U.S. Government Users

If you access the Services on behalf of the U.S. government, you do so as Commercial Computer Software and Commercial Computer Software Documentation under FAR 12.212 and DFARS 227.7202.

23.10 Headings

Headings are for convenience only and do not affect interpretation.

24. Contact

Questions about these Terms?

Arcform Musical Instruments, LLP
Attn: Legal
Email: legal@arcformguitars.com
Mailing address: 3451 South Lafayette St, Englewood, CO 80113, USA