We offer our Platform and services on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. You assume all responsibility for your use of our Platform, and we will not be liable for any direct or indirect damages, including loss of data or revenue.

We reserve the right to deny or terminate access to our Platform or services at any time without notice or liability.

We do not guarantee uninterrupted, timely, or error-free access to our Platform due to the nature of the internet. Access may be suspended or withdrawn at any time without notice, and we may introduce new features or perform maintenance. We reserve the right to impose usage restrictions and make no warranty that our Platform is compatible with all devices or software.

We do not guarantee the accuracy, completeness, or timeliness of the information on the Platform and disclaim liability for any errors or omissions to the extent permitted by law.

• Eligibility:

  To use or access our Platform and its services, you must be at least 18 years old or have reached the age of majority according to your local law. You must also have the legal authority to register on behalf of your organization.

• Registration or Sign Up:

  Before using our Platform as a Seller or Buyer/Bidder, you must register for an account. If you're creating an account on behalf of an organization or entity, you agree to these Terms of Use on behalf of that organization or entity. Users must register with accurate and complete information. We reserve the right to restrict or block your account for violations or unverifiable information.

• Account and Password Usage:

  You are responsible for maintaining your account's confidentiality. We are not liable for unauthorized use of your account. Use strong passwords and enable two-factor authentication.

• Profile Verification Information (Including Biometric Information):

  We may require account verification, including phone numbers, ID verification, or government-issued identification, to ensure safety and prevent fraud.

• Change of Services:

  We may suspend or discontinue any part of the services, introduce new features, impose limits, or restrict access to parts or all of the services without notice.

• International Users:

  Brabo Innovations Inc. operates the Platform from New York, USA. If you access the Platform from outside the USA, you are responsible for complying with local laws. You agree not to use our Platform in any country or manner prohibited by applicable laws, restrictions, or regulations.

• License to Use BRABO Platform; BRABO Innovations Inc. Content:

  We grant you a limited, revocable, non-transferable license to use our Platform and content for internal business purposes.

• User Communications:

  By signing up for an account, you may receive service-related communications, which you can opt out of by following the unsubscribe link in emails.

• Ethical Business Practices:

  As a value-based organization, we strive to maintain an honest, fair, secure, transparent, efficient, and competitive market for diamond trading. Users are expected to act with integrity and adhere to ethical standards. We may enforce trade restrictions and hold users accountable for violations, including actions outside the Platform.

• User Representations:

  By using our Platform, you agree to:
  1. Comply with these Terms;
  2. Not infringe on third-party intellectual property rights;
  3. Have the legal capacity to agree to these Terms;
  4. Avoid illegal or unauthorized use; and
  5. Comply with all applicable laws and regulations.

• Platform Usage Fees:

  Registration or sign-up for our Platform is free. However, certain features of our Platform may require payment of fees. By using these paid features, you agree to the Fee terms outlined below, which may be amended periodically. We reserve the right to introduce fees for specific or all services in the future. You will be notified in advance if any services you are using begin to incur fees, and continued use of such services will require payment of the applicable fees.

• Seller's Listing Fees:

  Sellers are required to pay a $95 fee for the authentication and verification services provided by the platform, as well as for the admin-controlled listing services. This fee will be invoiced directly to the Seller, and payment must be made within three (3) business days of receiving the invoice.

• Buyer Fees:

  If a Buyer wins a bid for a product listed on our Platform, they will be charged a Buyer's Fee equal to 5% of the total winning bid amount. This fee will be added to the final invoice issued by Brabo Innovations. The Buyer's Fee will be included in the payment that the Buyer submits to Brabo within 5 business days of winning the auction. Buyers' identities will be masked with paddle numbers during auctions to ensure anonymity.

• Product Payments:

  Upon a successful auction, Brabo will issue a direct invoice to the buyer, detailing the purchase. The buyer will send payment directly to Brabo as per the invoice instructions. Brabo will also create a purchase note for the seller to confirm the transaction details. All payments and billing will occur off-platform, managed directly through invoicing. The seller and buyer will not have direct contact throughout this process.

• No Refunds:

  Both the Buyer and Seller acknowledge and agree that all Seller's Listing Fees and Buyer Fees paid to us are non-refundable under any circumstances. Additionally, all sales of diamonds are final and non-refundable once the purchase agreement is completed.

• Listing and Publication:

  All listings are created and managed exclusively by the platform's admin. Sellers must ship their merchandise to a designated Brabo location for thorough authentication and verification before the items are listed. The admin team will inspect, photograph, and record videos of the diamonds, ensuring quality control and compliance with platform standards throughout the listing process.

• Seller Acknowledgment:

  As a Seller, you are fully responsible for the accuracy and completeness of the information provided regarding the diamond you choose to sell. Upon shipping your diamond to Brabo, the merchandise will be held during the live auction. If the item is not sold, Brabo will return the merchandise to you. If the item is sold, Brabo will issue a purchase note to you once the Buyer's funds have been received. The listing fee for authentication and verification services is non-refundable under any circumstances. Sellers acknowledge and agree that they may not list, post, or otherwise make the applicable diamond available on any other auction or listing platform during the live auction. Furthermore, Sellers acknowledge that Brabo reserves the right to remove any listing at its sole discretion.

• Buyer Acknowledgment:

  Each Buyer acknowledges and agrees that:
  1. Brabo authenticates and verifies the diamonds listed on our Platform; therefore, Buyers accept the risk of purchasing diamonds that have been authenticated and listed by the platform's admin team.
  2. By placing a bid, Buyers' identities will be masked with paddle numbers during auctions to ensure anonymity. Buyers enter into a formal purchase agreement, and if they become the highest bidder at the close of the auction, they are obligated to purchase the diamond and pay Brabo directly according to the invoice issued by Brabo.
  3. Buyers are responsible for all applicable government fees and taxes for diamonds purchased through our Platform.
  4. No refunds will be issued at any stage of the transaction process.

By using our Platform, both Buyers and Sellers acknowledge and agree to the following terms regarding the delivery and shipping of sold items:

• Coordination of Delivery and Shipping:

  Brabo is responsible for coordinating the delivery and shipping of the sold product to the Buyer's designated shipping address after the diamond has been authenticated and listed by the platform. During the live auction, Brabo will hold the merchandise. If the item is sold, Brabo will manage all shipping logistics and ensure the product is delivered to the Buyer.

• Invoice Requirements:

  Brabo will provide an invoice to the Buyer that includes all agreed-upon shipping charges. This ensures transparency and clarity regarding the total costs involved in the transaction. The invoice will be processed by Brabo prior to the shipment of the diamond.

• Shipping Charges:

  The Buyer is responsible for covering all shipping charges associated with the delivery of their purchased items. These charges will be clearly outlined in the invoice provided by Brabo and must be agreed upon by the Buyer before finalizing the transaction. All shipping costs are non-refundable, and the Buyer assumes full responsibility for any additional fees incurred during the shipping process.

• Our Liability Limitation:

  Brabo Innovations Inc. will not be responsible for any delays, losses, or damages that occur during the shipping and delivery of products once they have been shipped to the Buyer. This includes any issues arising from the choice of shipping provider used by Brabo or the handling of the items post-authentication.

• Dispute Resolution:

  If there is a dispute about delivery or shipping, Buyers and Sellers agree to first try to resolve the issue directly with Brabo. Neither party may sue or include Brabo Innovations Inc. in any legal proceedings.

Without prejudice to any more specific provisions of these terms, all intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this website/platform, are the exclusive property of Brabo Innovations Inc.

All intellectual property rights, including copyrights, trademarks, patents, and designs related to this Platform, are the exclusive property of Brabo Innovations Inc. or are used with permission. Content, including logos, designs, images, and materials, cannot be copied, modified, or distributed without prior written consent.

Any unauthorized use of our content will be considered a violation of applicable intellectual property laws, including the Copyright Act of 1976, the Digital Millennium Copyright Act (DMCA) of 1998, and other relevant state, federal, and international laws.

This Content Policy outlines the guidelines and responsibilities regarding content created and published by Brabo Innovations Inc. on our Platform. All content, including but not limited to product images, descriptions, videos, comments, and other materials (collectively referred to as "Brabo Content"), is owned by Brabo. This policy defines the rights of users while interacting with Brabo Content and outlines our responsibilities in managing this content.

User Rights and Responsibilities:

• No Ownership of Content:

  Users do not retain ownership of any content on our Platform, as all content is exclusively owned by Brabo Innovations Inc.

• User Conduct:

  Users are expected to use the Platform in compliance with these Terms of Use and are responsible for their actions while interacting with Brabo Content.

Our Rights and Responsibilities:

• We reserve the right to review, monitor, and manage all content on our Platform to ensure compliance with our community guidelines, terms of use, and applicable laws.
• We have the right to remove or refuse to display any content that violates our policies or is deemed inappropriate, offensive, harmful, or illegal without prior notice.
• We may edit, modify, or delete any content to improve clarity, accuracy, or compliance with our Platform's standards.

When using our Platform and its services, you are expected to act in a peaceful, civil, prudent, and respectful manner. You must not engage in any illegal activities, violate any laws, or do anything we consider inappropriate or that could bring harm to our users, the Platform, or lead to legal consequences. You are strictly prohibited from:

• Deception, harassment, or illegal activities;
• Spamming, false information, or defamatory conduct;
• Accessing the Platform outside of authorized interfaces;
• Reverse engineering or modifying the Platform;
• Posting offensive, harmful, or misleading content;
• Collecting prohibited user information or violating intellectual property rights;
• Exploiting or harming minors;
• Promoting fraudulent schemes or illegal ventures.

Users are encouraged to report any content that they believe violates our policies. Reports will be reviewed and investigated by our support team, and appropriate action will be taken based on the severity of the violation. For any questions or concerns regarding this policy, please contact us at admin@brabo.live.

We adhere to widely accepted industry standards to ensure the security of our system. Our systems are regularly monitored for potential vulnerabilities and attacks, and we continuously explore new methods and utilize third-party services to further enhance our system's security. Additionally, you must keep your browsers updated with the latest, safest versions. We highly recommend using our two-factor authentication system to safeguard your account from unauthorized access and enhance safety and security. However, we assume no responsibility for errors in transmission, unauthorized third-party access, or other causes beyond our control.

Our Privacy Policy, linked at the bottom of each page, outlines the terms regarding users of our Platform and is accessible at https://www.brabo.live/privacy-policy.

We are committed to preventing money laundering and terrorist financing activities and to complying with all applicable laws and regulations. Before listing any diamonds or bidding on any listings, all Sellers and Buyers must comply with our AML Policy. Please read our AML Policy.

Users may unsubscribe from automated marketing emails, messages, or SMS by clicking the "unsubscribe" link or contacting admin@brabo.live. By using our Platform, you consent to receive such communications unless you opt out.

You acknowledge and agree that your access to and use of the Platform and its services are at your sole risk. We will not be liable to any of our users for any direct, indirect, incidental, special, or consequential damages resulting from using our Platform and its services. In relation to the access and use of our Platform or its services, you hereby acknowledge and agree that:

• We reserve the right to restrict or limit access or visibility of our Platform or its services to any of our users at any time.
• Our liability will be limited for any direct, indirect, special, or consequential damages or losses resulting from the use or inability to use our Platform or its services, or due to business interruption.
• These Terms of Use will limit our liability for any loss or damage resulting from theft, loss, or damage where you have contributed to the occurrence of such loss or damage.
• We are not responsible or liable for any content published by users that is threatening, defamatory, obscene, offensive, illegal, or infringes third-party copyrights.
• We will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, lost savings, loss of data, or any similar damages arising from your use of our Platform and its services.
• We reserve the right to investigate and take appropriate legal action against anyone who violates any terms set forth herein.

To the extent permitted by law, our aggregate liability to you, whether for breach of these terms, negligence, or any other common law or statutory cause of action, is limited to the resupply of the particular service you purchased from us or another similar service of our choice.

These Terms are governed by the laws of the State of New York, USA, including the U.S. Patriot Act and OFAC regulations, without regard to conflict of law provisions. Users must comply with all applicable local, state, national, and international laws. Any disputes arising from these Terms will be exclusively resolved in the state courts of New York. Users agree not to initiate legal actions against Brabo Innovations Inc. related to transactions.

Subject to these Terms of Use, you hereby agree not to exercise your rights to participate in a class action or representative action concerning any claim or dispute arising out of or relating to the use of our Website/Platform and its services.

We honor and comply with the Digital Millennium Copyright Act of 1998 (DMCA). We will remove infringing materials under the DMCA. If you believe that any content on our Platform infringes your copyright, please notify us in writing, providing the following information:

• A description of the copyrighted work that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Platform, sufficient for us to locate it;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon receiving a valid written notice, we will expeditiously respond and conduct a proper investigation. If we find copyright infringement, we may restrict your access to your user account or remove your content/listing at our sole discretion, with or without prior notice to you.

If you believe that your content has been removed or deleted by mistake or misidentification, please contact us at admin@brabo.live in writing. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 USC § 512(g)(3) for more information):

• A physical or electronic signature of the User of the services;
• Your full name, address, and telephone number;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement made under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Your consent to any appropriate judicial body and any other information required under the relevant provisions of the DMCA.

If you fail to comply with these notice requirements, your notification or counter-notification may not be valid. We may also terminate user accounts, even based on a single infringement, at our sole discretion.

Our designated copyright agent for notice of alleged copyright infringement is:

Brabo Innovations Inc.

• Address:

  22 West 48th Street, Suite 203, New York, NY 10036, USA

• Email:

  admin@brabo.live

We may suspend or terminate your access to our Platform and services immediately if you violate these Terms or applicable laws. You may also cancel your User Account and services at any time by following the instructions in your account settings or by contacting our support center.

Our Platform may contain links to third-party websites. We are not liable for the availability, accuracy, or content of these external links. You assume all risks associated with using third-party resources.

We may modify these Terms of Use at any time, with changes taking effect immediately upon posting on our Website. Material changes will be communicated to you, and you are encouraged to review the Terms periodically to stay informed.

• Miscellaneous:

  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use. We have the absolute discretion to transfer or assign all or any part of our rights under these Terms of Use. We reserve the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms of Use concerning the use of our Platform/Website and its services.

• Indemnification:

  You agree to defend, indemnify, and hold us harmless against any claims, actions, or demands, liabilities, and settlements, including, without limitation, reasonable legal or attorney fees, resulting from or alleged to result from your use of our Platform and its services and violation of any terms of this document. We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising under these Terms of Use or in connection with our Platform and its services.

• Headings:

  The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

• Severability:

  If any term or provision of these Terms of Use is deemed invalid, illegal, or unenforceable under any applicable law, such invalidity, illegality, or unenforceability shall not affect any other part, term, or provision of these Terms of Use, and the other parts, terms, or conditions shall remain in full force.

• Force Majeure:

  We shall not be responsible for any delay in performing or failure to perform any of our obligations under these Terms if such delay or failure results from events, circumstances, or causes beyond our reasonable control, such as a natural disaster, strike, blockade, war, act of terrorism, riot, failure or diminishment of power or telecommunications, or refusal of a license by a government agency.

• Waiver:

  Our failure to exercise any right, obligation, or privilege under any terms of this document will not be construed as a waiver of any subsequent or further exercise of that right, obligation, or privilege, nor of the exercise of any other right, power, or privilege.

• Non-Assignment:

  You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.

• Notices:

  All notices and communications required or permitted under these Terms of Use shall be in writing, addressed to our listed address or email. Notice will be effective upon receipt of such delivery.

• No Third-party Beneficiaries:

  These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein, expressed or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or because of these Terms.

• Entire Agreement:

  These Terms of Use constitute the sole and entire agreement between you and us regarding your use of our Platform and supersede all prior and contemporaneous understandings, agreements, and warranties, both written and oral, between you and us regarding the use of our Platform.

• Acceptance:

  By using our Platform and its services, you signify your acceptance of these Terms of Use and our Privacy Policy.

We have sole jurisdiction to explain these Terms of Use. Feel free to contact us at:

Brabo Innovations Inc.

• Address:

  22 West 48th Street, Suite 203, New York, NY 10036, USA

• Email:

  admin@brabo.live