Terms of Service

Introduction

Welcome to Sienna (the “Platform”). The Platform is a web-based widget and page-builder that integrates NFT indexing and market aggregation to provide a customizable experience for artists, collectors, and curators to organize, display, and contextualize their digital art portfolios. The Platform is owned and operated by Sienna Creations LLC, a Florida limited liability company (“Sienna,” “Company,” “we,” “us,” or “our”).

The Platform is designed as a portfolio display and curation tool—nothing more. The Company is not a marketplace, exchange, broker, dealer, auctioneer, custodian, escrow agent, or financial institution. The Company does not facilitate the purchase, sale, trading, transfer, settlement, or custody of NFTs, digital assets, or any other property. Public portfolio pages and blockchain-linked displays provided through the Platform are informational and for display purposes only.

These Terms govern your access to and use of the Platform, including all content, features, tools, and services made available through the Platform (collectively, the “Services”). By creating an account, connecting a digital wallet, or otherwise accessing or using the Platform, you (“User,” “you,” or “your”) agree to be bound by these Terms, our Privacy Policy, and any additional terms, policies, or guidelines incorporated herein by reference.

Modifications to These Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice through the Platform or by other reasonable means. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically.

Key Definitions

As used in these Terms, the following definitions apply:

• “Content” means any text, images, photographs, videos, audio files, HTML code, data, artwork, or other materials uploaded, submitted, or displayed by a User through the Platform.
• “Digital Wallet” means a third-party Ethereum-compatible cryptocurrency wallet (e.g., MetaMask) used to authenticate your identity and access the Platform.
• “NFT” means a non-fungible token, which is a unique digital asset verified using blockchain technology.
• “On-Chain Data” means publicly available data recorded on the Ethereum blockchain or other supported blockchains, including wallet addresses, transaction histories, and NFT ownership records.
• “Public Portfolio Page” means a publicly accessible web page created by a User through the Platform to display Content, NFT collections, and related information.
• “Subscription” means a recurring paid plan that provides access to certain features and Services on the Platform, as further described in Section 4.
• “Wallet Address” means the unique public identifier associated with a Digital Wallet on a supported blockchain.

Age and Capacity

You must be at least eighteen (18) years of age to access or use the Platform. By accessing or using the Platform, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may be required to affirmatively confirm that you meet this age requirement when connecting your Digital Wallet or creating an account. If you are accessing or using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. Use of the Platform by anyone under the age of eighteen (18) is strictly prohibited, and accounts believed to belong to minors may be terminated immediately without notice.

Account Creation

To access certain features of the Platform, you must create an account by connecting a Digital Wallet (e.g., MetaMask or another Ethereum-compatible wallet). You may also be required to provide your full name and other information as requested during registration or onboarding. You agree to provide accurate, current, and complete information and to update such information as necessary. Additional login methods (such as Google, X/Twitter, or Instagram authentication) may be offered in the future and will be governed by the applicable third-party terms of service.

Account Security

You are solely responsible for the security and management of your Digital Wallet, including your private keys, seed phrases, passwords, and any credentials associated with your account. We do not have access to, custody of, or control over your Digital Wallet, private keys, or any digital assets held therein. The Company cannot recover lost private keys, reverse wallet transactions, or restore digital assets. You acknowledge that connecting a Digital Wallet to your account may allow others to associate your publicly available blockchain activity with your account profile and identity-linked information (such as your name or username). You agree to notify us immediately of any unauthorized use of your account. We disclaim all liability for any loss or damage arising from your failure to safeguard your account credentials or Digital Wallet.

Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause and with or without notice, including for any violation of these Terms. Upon termination, your right to use the Platform ceases immediately, your Public Portfolio Pages will be taken offline, and we may delete your account and associated Content in accordance with our data retention practices. You acknowledge that we are not obligated to maintain or provide access to your Content following termination.

Description of Services

The Platform provides tools that enable Users to:

• create customizable web pages and Public Portfolio Pages;
• aggregate and index NFT collections from supported blockchains;
• import and display On-Chain Data associated with connected Digital Wallets;
• upload and organize Content; and
• curate digital art collections for public or private display.

The Platform indexes and displays blockchain and third-party marketplace data but does not independently verify the title, provenance, authenticity, ownership, rights, or legal compliance of any NFT, digital asset, or related content. All such data is presented for informational and display purposes only.

Availability and Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Platform or Services at any time, with or without notice, and without liability to you. We do not guarantee that the Platform will be available at all times or that it will be free of errors, interruptions, or security vulnerabilities. Without limiting the foregoing, the Company does not guarantee any minimum uptime or service level for the Platform or for Public Portfolio Pages, and shall not be liable for any downtime, data loss, backup failures, or service interruptions, including those caused by third-party API outages, blockchain network congestion, or planned or unplanned maintenance.

Third-Party Services and Integrations

The Platform integrates with third-party services, including but not limited to Amazon Web Services (AWS), Stripe, Google, OpenSea, Alchemy, Etherscan, X/Twitter, and Google Analytics (collectively, “Third-Party Services”). Your use of any Third-Party Service is governed by that provider’s own terms of service and privacy policy. We do not control or endorse any Third-Party Service and are not liable for any loss arising from your use of or reliance on such services. Third-Party Services may change, suspend, or discontinue their APIs, data feeds, or services at any time, which may affect the functionality or availability of the Platform.

Blockchain Disclaimers

The Platform aggregates and displays publicly available On-Chain Data. You acknowledge and agree that:

• We do not control the Ethereum blockchain or any other blockchain network and have no ability to reverse, modify, or cancel transactions recorded on any blockchain.
• Blockchain transactions are irreversible and the Company bears no responsibility for the consequences of any transaction initiated by you or any third party.
• We are non-custodial and do not take possession, custody, or control of your Digital Wallet, private keys, seed phrases, or any digital assets at any time. The Company is not a wallet provider, exchange, broker, dealer, financial institution, money services business, custodian, creditor, or fiduciary.
• On-Chain Data displayed on the Platform is provided on an “as is” basis. We aggregate data from third-party blockchain indexers and APIs, which may be subject to lags, inaccuracies, stale metadata, chain reorganizations, smart contract bugs, or other errors. We do not guarantee the accuracy, completeness, or timeliness of any On-Chain Data, and on-chain and off-chain metadata may not remain consistent.
• Digital assets and blockchain technologies carry significant risks, including volatility and regulatory uncertainty, all of which you assume. For the avoidance of doubt, ownership of an NFT does not confer ownership of the underlying intellectual property or artwork associated with that NFT; the rights you hold in any NFT are limited to those granted by the applicable creator, license, or smart contract terms.
• Connecting a Digital Wallet to the Platform may allow third parties to associate your publicly available blockchain activity (including Wallet Addresses and transaction histories) with your name, username, or other identity-linked information visible on your account or Public Portfolio Page. You acknowledge and accept this privacy risk.
• The blockchains supported by the Platform may change from time to time. We are under no obligation to support any particular blockchain.

Subscription Plans

Certain features of the Platform require a paid Subscription. Subscription plans, pricing, features, and billing cycles (monthly or annual) are described on the Platform and may be modified from time to time. The specific plan details, pricing, and billing frequency presented to you at checkout shall control. The Company reserves the right to change Subscription pricing prospectively; any price changes will take effect at the beginning of the next billing cycle following notice to you.

Billing and Auto-Renewal

By purchasing a Subscription, you authorize us and our payment processor (currently Stripe) to charge the applicable fees to your designated payment method on a recurring basis at the beginning of each billing cycle. Your Subscription will automatically renew for successive periods of the same duration as your initial Subscription term (e.g., monthly or annually) at the then-current rate unless you cancel before the renewal date.

You may cancel your Subscription at any time through your account settings or by contacting us at premium@sienna.art. If you subscribed online, you may cancel online through the same mechanism. Cancellation will take effect at the end of the then-current billing cycle, and you will continue to have access to Subscription features until that date. No further charges will be made after cancellation takes effect.

Payment Processing

Subscription payments are processed through Stripe, Inc. (“Stripe”) or such other third-party payment processor as we may designate from time to time. You acknowledge that we do not directly process or store payment card information and that all payment transactions are subject to the terms and conditions of the applicable payment processor. By providing your payment information at checkout, you authorize Stripe (or the applicable processor) to charge the applicable Subscription fees to your designated payment method on a recurring basis. You are responsible for keeping your payment information current; failure to do so may result in interruption or cancellation of your Subscription.

No Refunds

All Subscription fees are non-refundable except where required by applicable law. If you cancel a Subscription, you will not receive a refund for any fees already paid for the current billing cycle. Nothing in this Section shall override any refund rights mandated by applicable consumer protection law.

Auto-Renewal Disclosures and Consent

To the extent required by applicable law (including, without limitation, the California Automatic Renewal Law, Cal. Bus. & Prof. Code §§ 17600—17606, as amended, and similar statutes in other jurisdictions):

• your Subscription involves recurring charges at the then-current rate for the applicable billing cycle (monthly or annual);
• your Subscription will automatically renew for successive periods of the same duration unless you cancel before the renewal date;
• you may cancel at any time prior to the renewal date through your account settings (which will include a clearly accessible “click-to-cancel” mechanism for Subscriptions initiated online) or by contacting us at premium@sienna.art;
• a confirmation of your Subscription terms, including the auto-renewal terms, billing amount, billing frequency, and cancellation instructions, will be provided to you at the time of purchase in a form that is capable of being retained (e.g., email confirmation);
• we will provide you with notice of any material changes to your Subscription terms, including price increases, before the change takes effect; and
• by completing the Subscription checkout process and affirmatively consenting to the auto-renewal terms presented at checkout, you expressly agree to the recurring charges and auto-renewal described herein. We will provide periodic renewal reminders as required by applicable law.

Ownership of Content

You retain all ownership rights in the Content you upload or submit to the Platform, to the extent you have valid rights therein. By uploading or submitting Content, you represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to use such Content and to authorize the Company to use it as described in these Terms. Where Content is associated with an NFT, you represent that you have the rights necessary for the uses granted herein, which may include display rights, reproduction rights, or other applicable rights depending on the terms of the underlying NFT or license.

License Grant to the Company

By uploading, submitting, or displaying Content on or through the Platform, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable (solely to the extent necessary for service providers to perform services on the Company’s behalf), and transferable license to use, reproduce, modify, adapt, publish, display, distribute, host, cache, format, resize, transcode, and create derivative works of such Content solely for the purposes of operating, providing, improving, and promoting the Platform and Services, including displaying Content on Public Portfolio Pages. This license continues for as long as your Content remains on the Platform and for a commercially reasonable period thereafter to allow for the removal of cached or archived copies. For the avoidance of doubt, “promoting the Platform” includes featuring Content in marketing materials showcasing the capabilities of the Platform, unless you opt out of such promotional use by notifying us at legal@sienna.art.

Content Responsibility

You are solely responsible for all Content you upload, submit, or display on the Platform. The Company does not endorse, verify, or assume any responsibility for User Content. You agree that your Content will not:

• infringe or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
• contain any material that is unlawful, defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable;
• contain viruses, malware, ransomware, trojan horses, or other harmful or disruptive code, including but not limited to embedded scripts, credential-harvesting code, wallet-draining code, deceptive links, or any code designed to interfere with the operation of the Platform, other Users’ Digital Wallets, or Third-Party Services;
• violate any applicable law, regulation, sanctions program, or these Terms;
• misrepresent your identity or affiliation with any person or entity or falsely imply endorsement by any artist, collector, curator, or other third party; or
• consist of token-gated, scraped, or otherwise unauthorized reproductions of third-party content.

Because the Platform permits the upload of HTML and other code, we may sanitize, block, modify, or remove any uploaded code that the Company determines, in its sole discretion, poses a security risk or violates these Terms.

Removal of Content; No Monitoring Obligation

We do not pre-screen Content before it is posted on the Platform. We are not responsible for any Content posted by Users. We reserve the right, but do not assume the obligation, to monitor, review, or remove any Content at any time, for any reason or no reason, in our sole discretion and without prior notice. We may remove or disable access to Content that we believe, in our sole judgment, violates these Terms, infringes the intellectual property rights of any third party, or is otherwise objectionable. We may preserve Content and account information when reasonably necessary for legal compliance, dispute resolution, fraud review, or enforcement of these Terms. We reserve the right to suspend the public display of any Public Portfolio Page for abuse, security, or legal compliance reasons.

Company Intellectual Property

The Platform, including its design, layout, functionality, code, graphics, logos, trademarks, trade names, and all other elements (collectively, “Company Materials”), are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, display, create derivative works of, or otherwise exploit any Company Materials without our prior written consent.

Limited License to Use the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for your personal or internal business purposes, including creating and publishing Public Portfolio Pages and related public-facing portfolio displays in accordance with your Subscription. This license does not include the right to:

• resell or commercially exploit the Platform or its contents;
• modify or make derivative uses of the Platform;
• use data mining, robots, or similar methods; or
• use the Platform in any manner not authorized by these Terms.

DMCA and Copyright Infringement

The Company respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, the Company will respond to proper notifications of claimed copyright infringement.

Filing a DMCA Notice. If you believe that any Content on the Platform infringes your copyright, you may submit a notification to our designated agent containing:

• a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the allegedly infringing material is located on the Platform, with sufficient detail to allow us to locate it;
• your contact information (address, telephone number, and email address);
• a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notice. If you believe that Content you uploaded was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notice to our designated agent containing: (i) your physical or electronic signature; (ii) identification of the Content that was removed and the location at which it appeared before removal; (iii) a statement under penalty of perjury that you have a good-faith belief the Content was removed as a result of mistake or misidentification; and (iv) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, the United States District Court for the Southern District of Florida) and that you will accept service of process from the party who provided the original notification. Upon receipt of a valid counter-notice, the Company will forward it to the original complainant and may restore the removed Content in accordance with applicable law.

Repeat Infringer Policy.It is the Company’s policy to terminate, in appropriate circumstances, the accounts of Users who are repeat infringers of copyright.

Misrepresentations.Please be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be subject to liability for damages.

Our designated agent for DMCA notices is:

You agree not to, and will not assist, encourage, or enable others to:

• use the Platform for any unlawful purpose;
• impersonate any person or entity, misrepresent your affiliation, or falsely imply endorsement by any artist, collector, curator, or other third party;
• interfere with, disrupt, or impose an unreasonable burden on the Platform or its infrastructure;
• attempt to gain unauthorized access to any portion of the Platform, other Users’ accounts, or any systems or networks connected to the Platform;
• use any automated means (including bots, scrapers, spiders, or crawlers) to access, monitor, or copy any portion of the Platform without our prior written consent;
• circumvent, disable, or interfere with any security or access-control features of the Platform;
• upload Content that infringes any intellectual property right or that you do not have the right to make available;
• upload scripts, code, or HTML designed to interfere with Digital Wallets, harvest credentials, drain assets, or compromise Third-Party Services;
• attempt to deanonymize, dox, or identify other Users by correlating Wallet Addresses, On-Chain Data, or Public Portfolio Pages with off-chain identity information;
• engage in any conduct that restricts or inhibits any other User from using or enjoying the Platform;
• use the Platform to facilitate money laundering, terrorist financing, sanctions evasion, or any other illegal financial activity, or use the Platform while subject to sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the United Nations, or any other applicable sanctions authority; or
• violate the terms of service of any Third-Party Service through or in connection with your use of the Platform.

The Platform and Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Platform will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that any defects will be corrected.

The Company makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any Content, On-Chain Data, or information available through the Platform. You acknowledge that your use of the Platform and reliance on any Content or data is at your sole risk.

Without limiting the foregoing, the Company makes no warranty: (a) that Public Portfolio Pages will remain continuously accessible; (b) against data loss, corruption, or failed imports; (c) as to the authenticity, provenance, title, legality, or value of any NFT, digital asset, or digital art referenced, indexed, or displayed on the Platform; or (d) that on-chain and off-chain metadata will remain consistent.

The Company does not provide financial, investment, tax, or legal advice. Nothing on the Platform constitutes a solicitation, recommendation, or endorsement of any digital asset, NFT, or investment strategy.

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, data, use, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the Platform or Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the Company has been advised of the possibility of such damages. Without limiting the foregoing, the Company shall not be liable for damages arising from downtime, data loss, content removal, third-party service failures, or blockchain data inaccuracies.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such exclusions or limitations are not permitted by applicable consumer protection law, some or all of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your access to or use of the Platform;
• your Content, including any claims of infringement, violation of privacy or publicity rights, or other third-party claims arising therefrom;
• your use of your Digital Wallet in connection with the Platform;
• your violation of these Terms;
• your violation of any applicable law, regulation, or sanctions program; or
• your violation of any third-party right, including any intellectual property, privacy, or proprietary right, or any violation of Third-Party Service terms.

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@sienna.art and attempt to resolve any dispute informally for at least thirty (30) days. Any notice of dispute must include your name, account information, a description of the dispute, and the relief sought.

Binding Arbitration

If we are unable to resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English by a single arbitrator. The seat of arbitration shall be Miami-Dade County, Florida, and the arbitration may be conducted in person, by telephone, by videoconference, or based on written submissions, as determined by the arbitrator. The arbitrator’s fees and the allocation of costs shall be governed by the AAA Consumer Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The arbitrator shall have the authority to award the same relief that would be available in a court of law, subject to the limitations in these Terms.

Class Action Waiver

Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Additionally, claims within the jurisdiction of a small claims court may be brought in such court.

Severability of Arbitration Provisions

If any portion of this Section 11 is found to be unenforceable, the remainder of this Section 11 shall continue to apply. If the class action waiver in Section 11.3 is found to be unenforceable with respect to a particular claim, then this entire Section 11 shall be deemed void with respect to that claim only, and the dispute shall proceed in court subject to the governing law and venue provisions of Section 12.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. To the extent that any action is permitted to be brought in court (including as provided in Section 11.4), such action shall be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction and venue of such courts.

Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and the Company with respect to the Platform and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.

Waiver

The Company’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without the Company’s prior written consent. The Company may assign these Terms without restriction. Subject to the foregoing, these Terms are binding upon and shall inure to the benefit of the parties and their respective successors and assigns.

Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, government actions, power failures, internet disruptions, or blockchain network congestion or failures.

Survival

The following provisions shall survive any termination or expiration of these Terms: Sections 5 (User Content), 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Dispute Resolution), 12 (Governing Law), and this Section 13.

Electronic Communications

By using the Platform, you consent to receive electronic communications from us, including notices, agreements, disclosures, and other communications that we provide to you electronically. You agree that all such communications satisfy any legal requirement that such communications be in writing.

Future Features and Services

The Company may introduce new features, tools, or services from time to time (including but not limited to AI-powered features, additional login methods, and membership tiers). Such features may be subject to additional or different terms, which will be presented to you at the time they are made available. Your use of any new feature constitutes acceptance of any applicable additional terms.

Notices

We may provide notices to you by posting on the Platform, sending an email to the address associated with your account, or by other reasonable means. You may provide notices to us by email at legal@sienna.art or by mail to Sienna Creations LLC, 2875 NE 191st Street, Suite 305, Aventura, FL 33180.

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