Terms of Service

Welcome to Nerdworth, operated by Nerdbeak, Inc. ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Nerdworth website, platform, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any of these Terms, please discontinue your use immediately.

Important: Nerdworth is a marketplace platform. We provide tools for users to list, buy, and sell ACEO art and related items. Unless explicitly stated otherwise, we are not a party to transactions between buyers and sellers.

1. Non-Affiliation and Disclaimer

1.1 Independent Platform

Nerdworth is an independent platform dedicated to cataloging, tracking, and facilitating the sale of ACEO art. We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with any artists, manufacturers, brands, or studios referenced on the Platform unless explicitly stated.

1.2 Third-Party Rights

All trademarks, brand names, and logos referenced on the Platform are the property of their respective owners. They are displayed on Nerdworth solely for identification, cataloging, and reporting purposes. Nerdbeak, Inc. does not claim any ownership or endorsement of third-party content, and their use on the Platform does not imply any affiliation with or sponsorship by the rights holders.

1.3 No Partnership or Endorsement

Nothing on our Platform should be construed as creating any partnership, agency, or endorsement relationship between Nerdbeak, Inc. and any third-party entity.

2. Purpose of the Platform

2.1 Community, Transparency, and Marketplace

Nerdworth aims to empower collectors by providing a transparent, community-driven resource for ACEO art and a marketplace where users can list, buy, and sell such items.

2.2 Publicly Sourced and User-Submitted Data

Data presented on Nerdworth is aggregated from publicly available sources, auction results, and user submissions. We do not alter third-party information except to organize, categorize, or comment on it.

3. Marketplace Role and Relationship Between Parties

3.1 Platform Only

Nerdworth provides a venue where buyers and sellers can connect and transact. Unless we explicitly state otherwise in a particular transaction, we are not a buyer, seller, broker, agent, or guarantor of any user's items.

3.2 No Legal Ownership of User Items

We do not take legal title to items listed by users on the Platform. Title passes directly from seller to buyer upon completion of a transaction, subject to the terms of the listing and applicable law.

3.3 No Guarantees of Quality or Authenticity

We do not guarantee the existence, quality, condition, authenticity, or legality of any items listed by users, nor the truth or accuracy of users' content or listings. Buyers and sellers are responsible for performing their own due diligence.

4. User Accounts, Eligibility, and Acceptable Use

4.1 Account Creation

To access certain features of Nerdworth (including buying and selling), you may be required to create an account. You agree to provide accurate and complete information when creating your account and to keep this information up to date.

4.2 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into binding contracts to use the Platform's marketplace features.

4.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. Any activity that occurs under your account is your responsibility. If you suspect unauthorized access or use of your account, you must notify us immediately.

4.4 Respectful Behavior

You agree to use the Platform in a manner consistent with all applicable laws and regulations and not to:

• Engage in harassment, hate speech, threats, or abusive behavior
• Post or transmit malicious or harmful software
• Violate any intellectual property, privacy, or other rights of third parties
• Use the Platform for unlawful, deceptive, or fraudulent activities

4.5 Account Suspension or Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any violation of these Terms or any activity we deem harmful to our Platform or community.

4.6 Authorized Access and Acceptable Use

You are authorized to access and use the Platform only through the interfaces we provide, using your own account, and solely for the purposes expressly permitted by these Terms. Any other access to or use of the Platform, our systems, networks, or data is unauthorized and exceeds the scope of the access we grant. You agree that you will not, and will not attempt to, assist, or permit any third party to:

• Access any account, data, system, network, or area of the Platform that you are not expressly authorized to access, or that is not intentionally made available to you
• Access, collect, harvest, or extract any non-public data, or the personal information of any other user (including the identities or contact information of bidders, buyers, or sellers), by any means
• Circumvent, bypass, disable, probe, scan, penetration-test, or otherwise interfere with any authentication, authorization, access control, rate limit, encryption, or other security feature of the Platform
• Exploit, or attempt to exploit, any bug, vulnerability, or misconfiguration in the Platform or its underlying systems or infrastructure
• Use any robot, spider, scraper, crawler, or other automated or bulk means to access, monitor, copy, or extract data from the Platform, except with our prior written permission
• Obtain, use, or share another user's credentials, access tokens, API keys, or session data, or impersonate any person or entity
• Access the Platform through any interface or means other than those we provide, or reverse engineer, decompile, or disassemble any part of the Platform, except to the extent applicable law expressly permits and cannot be waived

The fact that data may be transmitted to your browser or device in the course of normal, authorized use does not grant you any right to access, retain, or use data beyond what these Terms permit. Your authorization to access the Platform is automatically and immediately revoked upon any violation of this Section.

4.7 Security Violations; Enforcement and Reservation of Rights

Unauthorized access to, or misuse of, the Platform, our systems, or user data may violate federal and state law, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state computer-crime, unauthorized-access, and data-protection statutes. We take such conduct seriously and reserve the right, in our sole discretion, to investigate and to pursue any and all available legal and equitable remedies, including civil claims for damages, injunctive and equitable relief, and recovery of our costs and reasonable attorneys' fees, and to refer suspected violations to, and cooperate with, law enforcement and regulatory authorities for criminal prosecution. Nothing in these Terms limits any other rights or remedies available to us at law or in equity.

We do not authorize any security testing, vulnerability research, or probing of the Platform without our prior written consent. If you believe you have discovered a security vulnerability, do not access, alter, download, or disclose any data that is not your own, and report it promptly to us at cheddar@nerdworth.com. We welcome good-faith reports that follow this process and do not access, exfiltrate, or disclose other users' data.

5. Seller Terms

(See also our Seller Policy for detailed seller requirements.)

5.1 Listing Items

If you list items for sale on the Platform, you agree to:

• Provide accurate, complete, and non-misleading information about your items
• Clearly describe condition, edition, serial numbers, grading, and any relevant defects
• Ensure you have the legal right and authority to sell each item
• Ensure your listings do not infringe the intellectual property rights of any third party (see Section 14 for more details)

5.2 Compliance With Laws

You are solely responsible for ensuring that your listings and sales comply with all applicable laws and regulations, including but not limited to consumer protection, tax, import/export, and intellectual property laws.

5.3 Prohibited Behavior for Sellers

Sellers may not:

• List counterfeit, stolen, or misrepresented items
• List items that infringe on third-party trademarks or copyrights
• Circumvent the Platform's fees or payment system
• Manipulate prices or demand off-platform payments

5.4 Taxes and Reporting

You are responsible for determining and fulfilling any tax obligations arising from your sales, except to the extent we are required by law to collect or remit taxes on your behalf.

5.5 Fulfillment and Shipping

Unless otherwise agreed in writing, sellers are responsible for properly packaging and shipping items to buyers within the timeframe stated in the listing or at checkout. See our Shipping Policy for details.

6. Buyer Terms

6.1 Purchases

When you purchase an item on the Platform:

• You agree to pay the total amount shown at checkout (item price, fees, taxes, shipping, and any other applicable charges)
• Your order is an offer to purchase that may be accepted or rejected by the seller or by us

6.2 Due Diligence

You are responsible for reviewing item descriptions, images, and any provided information before purchasing. If you have questions, you should contact the seller before completing checkout.

6.3 Prohibited Behavior for Buyers

Buyers may not:

• Engage in fraudulent chargebacks or payment disputes
• Attempt to circumvent the Platform or negotiate off-platform transactions that avoid fees
• Use stolen payment methods or false information

7. Fees and Payments

7.1 Payment Processing via Stripe

We use third-party payment processors (such as Stripe) to handle payments on the Platform. By using our marketplace, you agree to:

• Provide accurate payment information
• Authorize our payment processor to charge your selected payment method for purchases, applicable fees, and taxes

Stripe's use of your personal information is governed by its own terms and privacy policy.

7.2 Platform Fees

We may charge fees to sellers, buyers, or both for use of marketplace features (such as transaction fees, listing fees, or service fees). Any applicable fees will be disclosed during listing or checkout or on our Fees page. By using the Platform, you agree to pay any such fees.

7.3 Payouts to Sellers

Payouts to sellers are handled through our payment processor and may be subject to processing times, holds, chargebacks, or other risk-related restrictions. We may delay or withhold payouts if we suspect fraud or rule violations.

8. SMS and Text Messaging

8.1 Text-to-List Service

Nerdworth offers a text-to-list feature that allows sellers to create marketplace listings by sending photos and item details via SMS/MMS to our platform phone number. By texting our number, you consent to receive responsive text messages from Nerdworth related to your listings and account.

8.2 Message Frequency and Rates

Message frequency varies based on your usage of the text-to-list service. Message and data rates may apply. Your mobile carrier may charge you for sending and receiving text messages. Nerdworth does not charge fees for SMS messages.

8.3 Opt-Out

You can stop receiving text messages from Nerdworth at any time by texting STOP to our phone number. After opting out, you will receive a confirmation message and will no longer receive SMS messages from us unless you re-initiate contact.

8.4 Help

For help with our SMS service, text HELP to our phone number, or contact us at cheddar@nerdworth.com.

8.5 Privacy

Your phone number and SMS content are handled in accordance with our Privacy Policy. We do not sell or share your phone number with third parties for marketing purposes.

9. Shipping, Risk of Loss, and Delivery

(See our Shipping Policy for detailed shipping requirements.)

9.1 Shipping Responsibility

• Sellers are responsible for shipping the item to the address provided by the buyer
• Buyers are responsible for providing an accurate and complete shipping address

9.2 Risk of Loss

Risk of loss typically passes from seller to buyer upon delivery to the carrier or upon delivery to the buyer, depending on the shipping method and applicable law.

9.3 Delivery Issues

If an item is lost or damaged in transit, buyers and sellers should work together to resolve the issue. We may, but are not obligated to, assist with disputes or provide guidance.

10. Prohibited Items and Activities

You may not list, buy, sell, or otherwise use the Platform in connection with:

• Illegal items or services
• Stolen property
• Counterfeit or fraudulently altered goods
• Items that infringe third-party intellectual property rights
• Weapons, explosives, or regulated hazardous materials
• Controlled substances or drug paraphernalia
• Explicit adult content, hateful or extremist content, or items that promote violence or discrimination
• Any items or activities that violate applicable law, card network rules, or Stripe's acceptable use policy

We may remove any listing, restrict any transaction, or suspend any account that we believe violates these rules or poses a risk.

11. Refunds, Returns, and Cancellations

11.1 Default Policy

Unless a listing or a specific section of the Platform clearly states otherwise, all sales are final. Due to the collectible and often time-sensitive nature of the items sold on Nerdworth, we generally do not offer refunds, returns, or exchanges. This does not limit your rights under our Buyer Protection policy if an item is significantly not as described, damaged in transit, or never delivered.

11.2 Seller-Specific Policies

Individual sellers may choose to offer their own refund or return policies. Any such policy must be clearly disclosed in the listing.

11.3 Cancellations

Orders may only be canceled before the seller has begun fulfillment and as permitted by the Platform's features. We reserve the right to cancel transactions that appear fraudulent, erroneous, or in violation of these Terms.

11.4 Platform Discretion

We may, in our sole discretion and without obligation, issue refunds, credits, or other accommodations. Our decision in such matters is final and does not create an ongoing obligation or precedent.

12. Disputes Between Users

12.1 User-to-User Disputes

Disputes arising between buyers and sellers (e.g., about condition, delivery, authenticity, or payment) are primarily between those users. While we may choose to help facilitate communication or provide guidance, we are not obligated to resolve such disputes.

12.2 Chargebacks and Payment Disputes

If a buyer initiates a chargeback or payment dispute, we may:

• Provide information to the payment processor
• Temporarily hold or reverse payouts
• Suspend or terminate involved accounts if we suspect abuse or fraud

12.3 Release of Claims

To the maximum extent permitted by law, you release Nerdbeak, Inc., its affiliates, officers, directors, employees, and agents from any claims, demands, and damages of every kind arising out of or related to disputes with other users.

13. User-Generated Content

13.1 Responsibility for Content

If you submit or post any content (including images, text, or comments) to the Platform, you are solely responsible for that content. You represent and warrant that your submitted content does not infringe on any third-party rights or violate applicable laws.

13.2 License Grant

By submitting content (including images, text, descriptions, and media submitted through the Platform or via SMS), you grant Nerdbeak, Inc. a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, display, reproduce, modify, adapt, distribute, and create derivative works from your content in connection with operating, improving, and promoting the Platform and our services.

13.3 AI and Automated Processing

Nerdworth uses artificial intelligence and automated systems to operate and improve the Platform. By submitting content, you acknowledge and agree that your content may be used to:

• Identify, categorize, and catalog items using image recognition and other AI technologies
• Generate or suggest product titles, descriptions, pricing, and other metadata
• Power search, discovery, and recommendation features across the Platform
• Train, improve, and develop our internal machine learning models and catalog systems
• Process images and text submitted via SMS to create listings on your behalf

To provide these features, your content may be processed by third-party AI service providers on our behalf. These providers are bound by contractual obligations to protect your data and may not use it for their own purposes.

AI-generated content (such as suggested titles or descriptions) is provided as a convenience. You are responsible for reviewing and approving any AI-generated content associated with your listings before publication.

13.4 Reporting Violations

If you encounter user-generated content that you believe violates these Terms, any law, or infringes intellectual property rights, please contact us at cheddar@nerdworth.com. For IP-related complaints, please also see Section 14.4 below.

14. Intellectual Property

14.1 Nerdbeak, Inc. Ownership

All content, features, and functionality (including but not limited to text, graphics, logos, and software) provided on the Platform are owned by or licensed to Nerdbeak, Inc. and are protected by copyright, trademark, and other intellectual property laws.

14.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial purposes.

14.3 Platform Cataloging

Nerdworth catalogs product information (titles, images, artist names, descriptions) to help buyers and sellers identify items. This cataloging is for identification and transactional purposes only. Sellers are responsible for ensuring they have the right to sell items and use any associated images or content in their listings. Nerdworth does not claim any rights in third-party intellectual property and will respond promptly to valid takedown requests.

14.4 IP Complaints & Takedowns

If you believe content on the Platform infringes your intellectual property rights, please email cheddar@nerdworth.com with:

• Identification of the copyrighted work or trademark claimed to be infringed
• The URL(s) or other specific location of the infringing material
• Your contact information (name, address, email, phone)
• A statement that you have a good-faith belief the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are the rights owner or authorized to act on their behalf
• Your physical or electronic signature

We will review valid complaints and may remove or disable access to the allegedly infringing material. We may also notify the user who posted the content.

14.5 DMCA Policy

Nerdworth respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"). Our designated agent for DMCA notices is:

Nerdbeak, Inc.
Attn: DMCA Agent
Email: cheddar@nerdworth.com

Counter-Notice: If you believe your content was removed in error, you may submit a counter-notice containing:

• Your physical or electronic signature
• Identification of the removed material and its prior location
• A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification
• Your name, address, phone number, and consent to jurisdiction in federal court

Upon receiving a valid counter-notice, we may restore the material within 10-14 business days unless the original complainant files a court action.

14.6 Repeat Infringers

Nerdworth reserves the right to terminate the accounts of users who are repeat infringers of intellectual property rights. We track infringement complaints and may suspend or permanently remove users who receive multiple valid takedown notices.

15. Disclaimer of Warranties

Nerdbeak, Inc. provides the Platform and its contents on an "as is" and "as available" basis, without any warranties, whether express or implied. We do not warrant that the Platform will be error-free, uninterrupted, secure, or free of viruses or other harmful components. We do not warrant the quality, safety, or legality of items listed on the Platform.

AI-generated content, including but not limited to product titles, descriptions, pricing suggestions, and item categorizations, is provided for convenience only and may contain errors or inaccuracies. We make no warranties regarding the accuracy, completeness, or reliability of any AI-generated content.

16. Limitation of Liability

To the maximum extent permitted by law, Nerdbeak, Inc. and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Platform or any transactions conducted through the Platform.

You agree to defend, indemnify, and hold harmless Nerdbeak, Inc. and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, or expenses (including attorneys' fees) arising out of or in connection with your violation of these Terms or your use of the Platform.

17. Governing Law and Dispute Resolution

17.1 Delaware Jurisdiction

These Terms and any disputes arising from or related to these Terms or the Platform shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles.

17.2 Venue

Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Delaware. You hereby consent to the personal jurisdiction of such courts.

18. Modifications to These Terms

We reserve the right to modify or update these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting the revised Terms on the Platform or through other communication methods. Your continued use of the Platform after the posting of any changes constitutes your acceptance of the updated Terms.

19. Contact Us

If you have any questions, comments, or concerns about these Terms or your use of the Platform, please reach out to us at:

Nerdbeak, Inc.
Email: cheddar@nerdworth.com

20. Miscellaneous

20.1 Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

20.2 Entire Agreement

These Terms, together with our Privacy Policy, Seller Policy, and Shipping Policy, constitute the entire agreement between you and Nerdbeak, Inc. regarding your use of the Platform and supersede all prior agreements, understandings, or representations.

20.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

© 2026 Nerdbeak, Inc. All Rights Reserved.