Effective date: August 15, 2026
Service provider legal entity: SPHERING³ LLC, a Florida limited liability company
Service brand: CONTINUARIUM
Website: https://sphering3.com
Contact: Legal notices legal@sphering3.com · Customer support support@sphering3.com · 6000 Peninsular Avenue T37, Key West, Florida 33040, United States
These Terms of Service (“Terms”) are a contract between you and the legal entity identified above (“we,” “us,” or “our”). The Service may be presented to you under the Service brand identified above. The Service brand is a trading, product, or interface name only and is not a separate contracting party unless expressly identified as a legal entity in these Terms.
These Terms govern your access to and use of the website, minting tools, digital-asset records, storage arrangements, and related services that we provide through the Website (collectively, the “Service”).
By accessing or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service.
“Arweave” means the Arweave network or another permanent or long-duration decentralized storage network that we identify for a particular issuance.
“Artifact” means the User Materials, data, file, content, metadata, record, or other material supplied for processing, preservation, issuance, or association with a RAD.
“Base64” means a textual encoding of binary or other data into characters representing encoded bytes. Base64 is not an accepted artifact representation for reactor processing.
“Brand” means the consumer-facing name, mark, or presentation under which the Service is rendered. A Brand is distinct from the Service provider’s legal entity.
“CoFA” means the certificate or record of authenticity, provenance, or other issuance evidence generated or identified in connection with a RAD.
“Completion” or “Completed” means the state reached only after all Required System Prechecks and required verification gates have passed, the RAD has passed Verification, and the applicable mint has been completed and recorded.
“Creator” means a person who supplies, uploads, submits, or authorizes content for an issuance.
“Digital Asset” means a digital record, token, certificate, identifier, or other digital item created or issued through the Service.
“Fiat” means a declaration, determination, designation, or operative rule made by the authorized system or contracting party under these Terms. A Fiat is operative as stated, subject to applicable law and the Required Overrides in §20. “Fiat” does not mean that a technical, legal, financial, or factual proposition is true merely because it is declared.
“Fiat Value” means a value expressly designated by Fiat for the limited purpose stated in the applicable provision. The RAD’s Stated Value is a Fiat Value and face denomination, not a market valuation, appraisal, or cap on a different underlying value.
“Machine” means the production, verification, minting, storage, publication, payment, and recordkeeping system used to provide the Service, including its software, reactor, verification gates, ledgers, interfaces, system records, and connected services.
“Maestro One System Check” means the final integrated system check performed by the Machine before the applicable transaction is permitted to proceed to invoicing, payment capture, escrow, or completion. A Maestro One System Check is passed only when every Required System Precheck is passed and no required check is failed or indeterminate.
“Mint” or “Minting” means the process by which the Service creates or records a Digital Asset, RAD, or associated transaction.
“Minting Fee” means the fee charged for the minting transaction, as displayed before the applicable order or transaction is approved. The Minting Fee is separate from the RAD’s Stated Value.
“Publication Condition” means the condition that no publication, display as completed, delivery as completed, invoicing, payment capture, escrow release, or completion may occur unless the applicable Artifact has passed the Required System Prechecks, the Maestro One System Check, and Verification.
“RAD” means the unit, record, credit, token, or other item identified by us as a RAD. A RAD is the instrument to which the RAD-specific provisions of these Terms apply. Its legal characteristics, transferability, and any rights expressly associated with it are limited to those stated in these Terms, the applicable purchase flow, and the applicable CoFA.
“Required Override” means a mandatory legal, regulatory, judicial, payment-network, consumer, or other rule that cannot lawfully be excluded, waived, or restricted by contract.
“Required System Prechecks” means the Machine checks designated as mandatory before a transaction may proceed. They include, as applicable, artifact integrity and format checks, restoration checks, metadata and identifier checks, eligibility and authorization checks, payment and order checks, destination and wallet checks, storage and publication checks, security checks, and all required verification-gate checks.
“Service” means the Website, Minting, Digital Assets, RADs, metadata, interfaces, records, storage arrangements, Machine, and related services made available by us.
“Service Provider” means the legal entity identified at the beginning of these Terms, and not merely the Brand under which the Service is rendered.
“Stated Value” means the face value expressly assigned to one RAD under §19.
“Storage Provider” means a third-party storage, vault, custody, hosting, gateway, indexing, archival, or preservation provider used in connection with the Service.
“User,” “you,” or “your” means the person who accesses or uses the Service.
“User Environment” means your devices, browser, operating system, internet connection, wallet, credentials, software, storage, accounts, and other systems used to access or use the Service.
“User Materials” means any image, text, audio, video, file, metadata, name, mark, description, wallet address, account information, Artifact, or other material that you submit, upload, link, authorize, or make available through the Service.
“Verification” means the Service’s required verification of a RAD and its transaction before the RAD may pass escrow or the transaction may be completed. Verification includes operation of all required verification gates.
“Verified” means that every required verification gate has operated and approved the applicable transaction. If a required verifier is unavailable, absent, fails, or does not approve, the transaction is not Verified.
“Website” means the website identified above and any replacement or successor website through which we provide the Service.
The Service Provider is the legal entity identified in these Terms. The Brand is the consumer-facing rendering of the Service Provider’s products or services and does not alter the identity of the contracting party.
You must be at least 18 years old, or the age of majority where you live, whichever is higher, to use the Service.
You may use the Service only if you can form a legally binding contract and are not prohibited from using it under applicable law, sanctions, export-control rules, or other legal restrictions.
You represent that the information you provide is accurate and that you have authority to enter into these Terms.
You must not use the Service on behalf of another person or organization unless you have authority to bind that person or organization.
The minimum age, parental-consent position, and countries or territories in which the Service is available must be implemented consistently with applicable law and the purchase flow.
Some features may require an account, wallet, email address, authentication method, or other identifier.
You are responsible for maintaining the confidentiality of your credentials and for activity conducted through your account, wallet, or credentials, except to the extent caused by our failure to use reasonable care.
You must promptly notify us at support@sphering3.com if you believe that your account, wallet, credentials, or User Materials have been accessed or used without authorization.
We may require identity, age, ownership, fraud-prevention, sanctions, or other verification before allowing access to some features.
We do not custody your private keys unless we expressly state otherwise in writing. We cannot recover a lost private key, seed phrase, password, or wallet.
The actual custody, compromise-response, recovery, and account-closure procedures must be accurately described in the Service and support materials.
The Service may allow you to upload or identify User Materials, request a Mint, receive a Digital Asset or RAD, associate metadata with that item, and access records or storage through the Website.
The Service may depend on blockchains, Arweave, cloud services, wallet providers, payment processors, identity providers, hosting providers, indexing services, and other third parties.
The Service Provider may render the Service under the Brand. No Brand, interface label, product name, or visual presentation creates a separate legal entity or expands the obligations of the Service Provider beyond these Terms.
The Service does not transfer ownership of a physical object unless a separate written agreement expressly says so.
A Digital Asset or RAD is not, solely because it is issued or recorded through the Service, a security, investment contract, share, debt instrument, financial product, currency, payment instrument, or promise of profit.
You must not rely on a Digital Asset or RAD as an investment or as a substitute for legal, tax, financial, or accounting advice.
The legal characterization of a RAD and any secondary-market activity may vary by jurisdiction and must be reviewed before launch.
To request a Mint, you must provide the required User Materials, information, approvals, payment, and wallet or account details.
Before invoicing, payment capture, escrow, publication, or completion, the Machine must perform the Required System Prechecks and the Maestro One System Check.
A required precheck or system check that fails, is unavailable, is absent, or returns an indeterminate result is treated as a failure. An indeterminate result is not approval and may not be treated as a pass.
No invoice may be issued, payment may be captured, escrow may be released, Artifact may be published as completed, or RAD may be completed unless the Maestro One System Check has passed.
The Machine must not bypass, disable, substitute for, or degrade a required check or verification gate.
We may review a request for technical, legal, fraud-prevention, content, eligibility, or operational reasons. Review does not mean that we endorse, verify, authenticate, value, or guarantee the User Materials or resulting Digital Asset.
A Mint may involve the following steps:
Network fees, gas fees, payment fees, taxes, storage fees, and third-party charges may apply. We will display charges that we control before you approve a paid transaction, except where a network or third party changes a charge after submission.
A transaction may be delayed, rejected, reversed where technically possible, or remain pending because of network congestion, provider failure, wallet limitations, fraud controls, legal restrictions, insufficient funds, incorrect information, or other causes.
A completed blockchain transaction may be irreversible. You are responsible for reviewing the destination address, User Materials, metadata, quantity, and other transaction details before approval.
We do not promise that a Digital Asset will have any market value, resale opportunity, liquidity, scarcity, authenticity, provenance, or future utility.
The actual Mint process, fees, cancellation rights, and treatment of failed or duplicated transactions must conform to the implemented system and applicable law.
The reactor does not accept Base64 as an Artifact representation. Base64 is rejected at the Machine boundary and is never accepted as the input representation for a completed Mint.
If an incoming Artifact contains Base64 or is presented in Base64 form, the Machine must strip or reject the Base64 encoding at the door and apply the carried-restoration process to restore the underlying Artifact to the required native representation, where restoration is technically possible and authorized by the applicable workflow.
A Base64-bearing input that cannot be restored, validated, or safely processed fails the applicable Required System Precheck. It cannot proceed to invoicing, payment capture, escrow, publication, or completion.
You must not represent a Base64 encoding as the restored Artifact or as a completed, accepted, or published Artifact.
Publication Condition. No Artifact, Digital Asset, RAD, CoFA, metadata record, or transaction may be published, displayed, delivered, invoiced, paid, placed in escrow, or represented as completed unless:
If any condition is failed, unavailable, absent, or indeterminate, the Publication Condition is not satisfied. The transaction is not completed and must not be represented as completed.
No Digital Asset, RAD, or other issuance is due unless the applicable issuance functionality is operational and the requested issuance can be completed and verified through the Service.
We may refuse, delay, suspend, or cancel an issuance if the required functionality is unavailable, fails, is materially impaired, or cannot be verified.
For purposes of this section, “verified” means that we can reasonably confirm, using the system record and available technical information, that the applicable issuance request, transaction, record, and required conditions were completed.
If an issuance is not completed because the functionality is unavailable, fails, is materially impaired, or cannot be verified, our obligation is limited to returning any amount that applicable law requires us to return, unless we expressly agree otherwise in writing.
Verification is an absolute condition precedent to the RAD transaction passing escrow or reaching completion. A RAD transaction cannot pass escrow unless it is Verified.
Completion is downstream of Verification. No RAD may be minted, delivered as a completed transaction, or treated as a completed sale unless Verification has occurred. No transaction may proceed by bypassing, disabling, substituting for, or degrading a required verification gate.
If Verification fails or cannot be performed, including because a required verifier is unavailable or absent, the transaction is not Verified and cannot pass escrow or complete. An indeterminate verification result is treated as a failure.
A transaction is completed only after the RAD has passed Verification and the mint has been completed.
Once minted, the RAD is written to Arweave and cannot be revoked, recalled, reversed, or undone by SPHERING³ or by the Service Provider. The completed mint is final and irreversible by construction.
Upon completion, the transaction delivers the full consideration purchased by you, consisting of:
Completion therefore constitutes full performance by the Service Provider of the applicable minting transaction. No portion of the consideration remains owed solely because the RAD is later unavailable, unusable, non-functioning, or alleged to have no utility.
A claimant asserting that a RAD was issued must first identify the alleged CoFA and produce or identify the system record showing:
No user-access event, download event, display event, or later inability to access a file is, standing alone, proof that a CoFA issued or that an issued CoFA failed.
We may store or arrange for storage of Digital Assets, metadata, User Materials, or related records on Arweave or another storage network.
“Permanent” or “permanent storage” means that a record is intended to remain available for a long period through the selected network. It does not guarantee that the record will always be accessible, displayed, indexed, retrievable, legally available, or compatible with future software.
Unless we expressly identify a different tier at the time of purchase, the applicable storage arrangement is the standard tier described on the Website.
The Service may offer the following survivability tiers:
Each tier provides the tier below it together with additional independent copies, providers, or preservation measures. A higher tier provides greater redundancy. A higher tier does not extend the duration of any storage arrangement.
The exact inclusions, duration, exclusions, service commitments, and price of each tier must be stated in the applicable purchase flow. No tier is a guarantee that data will remain available forever.
We may change, replace, or supplement a storage network or provider where reasonably necessary, provided that we do not materially reduce a paid service commitment except as permitted by law.
You are responsible for retaining copies of User Materials and metadata that you may need. We may not be able to edit or remove data submitted to an immutable or decentralized network.
We may use Storage Providers. A Storage Provider may hold, process, replicate, encrypt, transmit, index, or make available Digital Assets, User Materials, metadata, or related records.
Storage Providers are independent contractors and are not our agents unless applicable law provides otherwise. Their terms, privacy policies, technical limitations, fees, security practices, and service availability may apply to your use of their services.
We do not control a Storage Provider’s network, personnel, infrastructure, software, policies, security, legal obligations, or continued operation. We are not responsible for a Storage Provider’s acts or omissions except to the extent applicable law makes us responsible or the loss results from our failure to use reasonable care in selecting or managing the provider.
We may replace a Storage Provider or move data to a substantially similar provider when reasonably necessary for security, continuity, legal compliance, cost, or operational reasons.
We will not knowingly authorize a Storage Provider to use your User Materials except to provide, secure, maintain, or improve the contracted storage or related Service, unless you authorize another use or applicable law permits it.
You retain your rights in your User Materials, subject to the license granted below and any rights that you separately transfer in writing.
You represent and warrant that:
You grant us a worldwide, non-exclusive, royalty-free, transferable to our service providers, sublicensable as necessary to operate the Service, limited license to host, reproduce, encode, display, transmit, store, modify for technical purposes, and otherwise process your User Materials to provide, secure, maintain, document, and improve the Service.
The license continues for as long as reasonably necessary to operate the Service and to comply with legal, accounting, security, backup, dispute-resolution, and technical obligations. It does not give us ownership of your User Materials.
You are responsible for your User Environment. We are not responsible for a failure, loss, alteration, compromise, or incompatibility caused by your device, wallet, credentials, browser, software, connection, storage, settings, third-party account, or other User Environment, except to the extent caused by our failure to use reasonable care.
You must not submit personal information, confidential information, or information belonging to another person unless you have a lawful basis and all required permissions.
Unless a separate written agreement states otherwise, the Creator retains ownership of copyright and other intellectual-property rights in the User Materials, subject to rights already granted to others and the license in §10.
A collector or recipient of a Digital Asset receives only the rights expressly stated for that Digital Asset or on the Website. Buying, receiving, holding, or transferring a Digital Asset does not by itself transfer copyright, trademark rights, publicity rights, moral rights, patent rights, trade-secret rights, or other intellectual-property rights in the associated User Materials.
Unless the applicable listing or written agreement expressly grants broader rights, a collector may display the associated Digital Asset for personal, noncommercial purposes, subject to applicable law and the rights of the Creator and other rights holders.
A collector must not reproduce, sell, license, commercially exploit, modify, distribute, or use associated User Materials except as expressly permitted by the applicable rights statement or by the rights holder.
Creators are responsible for stating any additional license or restrictions clearly and accurately. We do not guarantee that a Creator’s rights statement is complete, enforceable, or accurate.
You must not use the Service to:
We may remove, block, restrict, report, or refuse material or activity that we reasonably believe violates these Terms or creates legal, security, operational, or safety risk.
Our privacy notice at https://sphering3.store/privacy describes how we collect, use, disclose, retain, and protect personal information.
We may process account information, contact information, payment information, device and usage information, wallet addresses, transaction information, User Materials, verification information, support communications, and information received from service providers.
We may use information to provide and secure the Service, process transactions, prevent fraud and abuse, comply with law, communicate with you, resolve disputes, maintain records, and perform the purposes stated in the privacy notice.
Information recorded on a public blockchain or decentralized network may be public, copied, indexed, and difficult or impossible to delete. Do not submit personal or confidential information to a public or immutable record unless you accept that risk.
We may disclose information to service providers, Storage Providers, payment processors, professional advisers, authorities, successors, and other recipients described in the privacy notice or permitted by law.
Our Privacy Notice describes the personal data we collect, the purposes for which we use it, the legal bases on which we rely, how long we keep it, the recipients to whom we disclose it, and the rights available to you, including any rights that depend on your location. The Privacy Notice is published on the Website and is incorporated into these Terms by reference.
We are the controller of the personal data described in the Privacy Notice. We do not process personal data on behalf of another controller, and we are not a processor for you or for any third party.
User Materials you submit remain yours. We hold and transmit them to provide the Service you requested. We do not use them for our own purposes beyond providing, securing, maintaining, and improving the Service, except with your authorization or as applicable law permits.
Where the Privacy Notice and these Terms address the same subject in relation to personal data, the Privacy Notice governs.
A record issued through the Service, including a CoFA, is designed to be a durable record of provenance and may identify you as the creator and include the comments you chose to add. That record is intended to persist and to travel with the artifact if it changes hands. Before you complete a Mint, you should read the Privacy Notice section describing that record and the extent to which it can be changed or withdrawn.
The Minting Fee is the fee charged for the minting transaction, as shown to you before you place your order. The Minting Fee is consideration for the minting and related services and is separate from the RAD’s Stated Value.
No post-completion refund. To the fullest extent permitted by applicable law, the Minting Fee and other consideration paid for a completed transaction are non-refundable. You may not obtain a refund, reversal, rescission, or return of the consideration after completion, including on the ground that the RAD is later alleged to be defective, non-functioning, unavailable, undesirable, or without utility.
This paragraph does not exclude or limit the three-part express guarantee in §17, except to the extent a Required Override applies.
Failed transactions. A transaction that does not pass Verification, does not pass escrow, or is otherwise not completed never concluded and is not a completed sale. No Minting Fee or other completion-based charge is due for that failed transaction. A failed transaction does not create a refund claim because no completed transaction occurred and no completed minting consideration was delivered. Handling of an attempted authorization or payment that does not result in completion is governed by applicable payment-processing rules and Required Overrides.
We and our licensors own the Service, including its software, design, interfaces, text, graphics, trademarks, documentation, and other materials, excluding User Materials and third-party materials.
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose.
You must not copy, modify, distribute, sell, lease, sublicense, publicly display, reverse engineer, decompile, or create derivative works from the Service except as permitted by law or by our written permission.
The Brand and any associated marks are owned by the Service Provider or its licensors. RAD™, Mintables™, THORIUM™, OTTO™, CONVERGENCE™, FutureProof™, CORE™, Mint™, Anitakio™, VERAS™, REACTOR™, CONTINUARIUM™, Maestro™, ONE™, and Dispatch™ are trademarks of SPHERING³ LLC. All other marks are the property of their respective owners.
The Service may contain links to or integrations with third-party services. We do not control those services, and their terms and privacy policies apply to your use of them.
A third party may change, suspend, or discontinue its service without our control. We are not responsible for third-party services except to the extent applicable law provides otherwise.
Third-party providers, interfaces, wallets, networks, and storage systems do not become the Service Provider or the Brand merely because the Service integrates with them. The Service Provider remains the contracting entity identified in these Terms, subject to applicable law.
Subject to applicable law and the exclusions stated below, the Service Provider expressly guarantees:
These express guarantees do not guarantee market value, utility, uninterrupted availability, accessibility through every interface, future compatibility, or the continued operation of a third-party network or provider. They do not apply to a transaction that was never Completed.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, except for the express guarantees above and rights that cannot lawfully be excluded or limited, the Service, Digital Assets, RADs, user-accessible records, storage arrangements, and related content are provided “AS IS” and “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, we disclaim all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, durability, performance, and that the Service will be uninterrupted, error-free, or free of harmful code.
We do not warrant that a Digital Asset or RAD will have value, be unique, be scarce, be transferable, be displayed correctly, be retrievable, remain available, or produce any financial or other benefit.
Nothing in these Terms excludes or limits:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, we will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenue, business, goodwill, opportunity, expected savings, data, Digital Asset value, RAD value, or use, arising out of or related to the Service or these Terms, even if we knew or should have known that the damages were possible.
This exclusion does not apply to damages that applicable law does not permit us to exclude.
Court costs. Any claim resulting in a court filing shall require the user to pay all court costs, regardless of whether the user wins or loses the case. This paragraph records founder ruling #10064 and is not converted into a reciprocal or prevailing-party provision. The Stated Value does not determine an award of court costs or fees.
The open question of fees remains subject to the court’s authority and applicable law. No contractual provision authorizes an award that applicable law prohibits.
“Stated Value” means the face value of US$0.25 per RAD. The Stated Value is the declared denomination and face value of the RAD. It is not a market valuation, appraisal, estimate of replacement cost, or cap imposed on a different underlying value. We do not warrant that a RAD will ever be worth more than its Stated Value.
The Stated Value is not, and does not determine, reduce, replace, or constitute the Minting Fee. The Minting Fee is separate consideration for minting and related services.
The RAD passed Verification at issuance. No defect, interruption, loss, corruption, access failure, or other issue is presumed to have been caused by you. Responsibility for a claimed condition is determined from the available evidence, including the system record, transaction records, machine-gate results, archival records, receipt records, and conduct. Nothing in this section prevents the Service Provider from relying on competent evidence that a user caused or contributed to a particular condition, and the evidentiary requirements of §7.3 continue to apply to any claim that a RAD does not function.
Remedy. An eligible claim alleging that a RAD does not function, or that a RAD is worth less than its Stated Value, is satisfied by the issue of a credit equal to the Stated Value of US$0.25, in the form of a claim-specific code redeemable against the minting of one replacement RAD. A credit is issued on submission of a claim that identifies the RAD, presents the associated CoFA, states the condition claimed, and provides the contact details necessary to issue the code. One credit is issued per eligible claim. A credit applies to one RAD and one token only, is not transferable, does not combine with another credit, and is not redeemable for cash. No such claim may recover the Minting Fee, the value of the CoFA, the cost of storage, consequential or incidental amounts, or any amount other than the credit described in this paragraph, except to the extent a Required Override applies.
Destruction or loss. The RAD is the instrument to which any RAD-specific claim relates, and the CoFA is the instrument by which such a claim is presented. If the RAD is destroyed, deleted, lost, discarded, rendered inaccessible, or otherwise ceases to exist or be available through your act or omission, any claim based on that RAD is extinguished. Destruction, loss, deletion, or inaccessibility of the RAD does not create a refund right or a claim to any amount other than the credit described above. The Stated Value does not preserve or revive a claim after the RAD has been destroyed or lost. This paragraph does not affect the Tool guarantee in §17, which applies to the tools we supply and not to a RAD you have created with them.
Nothing in these Terms excludes, restricts, or purports to waive a right, remedy, refund, dispute process, or protection that cannot lawfully be excluded or restricted, including any non-waivable statutory right or applicable card-network chargeback rule.
If a Required Override applies, it applies only to the extent required. All remaining provisions—including Verification as the condition precedent to escrow and completion, the finality and irreversibility of a completed mint, the separation of the Stated Value from the Minting Fee, the face-value treatment of the Stated Value to the extent lawful, and the destruction rule to the extent lawful—remain in full force.
Nothing in these Terms waives, limits, or shortens any right, remedy, notice period, claim period, or dispute process that applicable law or a card-network rule makes non-waivable. §22 applies only to the fullest extent permitted by law.
You may not recover more than once for the same loss. Any settlement, payment, refund, credit, judgment, award, insurance recovery, or other recovery relating to a loss will reduce any other recovery for that same loss.
This section does not prevent you from pursuing separate losses that are legally distinct.
TIME IS OF THE ESSENCE. Time is of the essence with respect to every notice, claim, and time period stated in these Terms.
You must provide written notice of any claim that:
within seventy-two (72) hours after completion of the mint for the applicable RAD. The completion time is the completion time recorded for the RAD and reflected in its CoFA.
The notice must identify the RAD and CoFA identifier, the specific failure or nonperformance alleged, the date and time you discovered the alleged failure, and the relief sought, if any. Notice must be submitted through the notice channel identified in these Terms or the purchase flow.
Timely, complete notice under §22.1 is an express condition precedent to any claim described in §22.1. Failure to provide notice within seventy-two (72) hours bars the claim, and you waive the right to assert it to the fullest extent permitted by law.
The parties acknowledge that the RAD is delivered complete at completion together with its CoFA; that Verification occurs at issuance; and that the RAD and its provenance are recorded on Arweave and immediately available for public verification.
Any claim arising out of or relating to the RAD, the Service, or these Terms that is not subject to §22.1 must be commenced, or otherwise formally asserted, no later than one (1) year after completion of the mint for the applicable RAD. Failure to do so bars the claim to the fullest extent permitted by law.
Section 20 governs preservation of rights that cannot lawfully be waived or shortened, including non-waivable statutory notice or claim periods and card-network dispute, reversal, or chargeback rights.
The former claim-period provision has been consolidated into §22. This section number is retained and left intentionally omitted so that existing cross-references remain accurate.
If either party believes that the other party has materially breached these Terms, the complaining party may give written notice identifying the breach and requested cure.
The receiving party will have 30 days after receipt to cure the breach, unless the breach cannot reasonably be cured within 30 days and the receiving party begins curing within that period and diligently continues.
This process does not apply to fraud, unlawful conduct, misuse of the Service, security threats, infringement, nonpayment, conduct requiring immediate action, or a breach that cannot reasonably be cured.
The intended cure period and exceptions must be implemented consistently with applicable law.
You will indemnify and hold harmless the Service Provider and its officers, directors, employees, and contractors from third-party claims, losses, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from:
This indemnity applies only to the extent the claim results from your acts or omissions and does not apply to the extent caused by our negligence, willful misconduct, breach of these Terms, or violation of applicable law.
For a consumer, this indemnity does not require payment for losses that are not legally recoverable from a consumer, does not require indemnification for our independent wrongdoing, and does not waive any non-waivable consumer right.
A party seeking indemnification must promptly provide written notice of the third-party claim, but delay relieves the indemnifying party only to the extent the delay materially prejudices its ability to defend.
The indemnifying party may control the defense with counsel reasonably acceptable to the indemnified party, provided that it:
The indemnified party may participate with its own counsel at its own expense, subject to applicable law.
Subordination. To the extent this section addresses court costs, §18 governs and controls. This section shall not be construed to amend, limit, convert, or supersede the court-cost requirement recorded in §18.
In a court action between you and us arising out of these Terms, the prevailing party may recover reasonable attorneys’ fees and costs, but only to the extent permitted by applicable law and awarded by the court or arbitrator.
A party is not prevailing merely because it obtains dismissal on a procedural or technical ground unless the court determines otherwise.
This section does not limit a consumer’s statutory right to recover fees, prevent a different allocation required by law, or authorize an award against a consumer that applicable law prohibits.
A court may award a remedy for a frivolous, bad-faith, or objectively meritless claim or defense only if applicable law permits the award and the court makes a specific finding supporting it.
A claim is not frivolous, bad faith, or meritless merely because it is unsuccessful, novel, difficult, brought in good faith, or resolved against the claimant.
Nothing in this section authorizes retaliation against a person for exercising a non-waivable legal right or reporting suspected unlawful conduct.
We do not require arbitration. A dispute arising out of or relating to these Terms or the Service is resolved in a court of competent jurisdiction under §37, and not by mandatory, binding, or pre-dispute arbitration. Nothing in these Terms compels you to arbitrate, and nothing waives your right to a trial, including trial by jury where applicable law provides one.
Small claims. Either party may bring an individual claim in small-claims court where the claim qualifies.
Provisional relief. Either party may seek temporary or preliminary relief in court to protect intellectual property, confidential information, security, or the status quo.
Agencies and other forums. Nothing in this section prevents you from using a government agency, ombudsman, regulator, tribunal, or other forum that applicable law makes available to you.
Costs. Court costs are governed by §18. Attorneys’ fees and other costs are governed by §27, subject to §18. §20 continues to preserve every right and remedy that cannot lawfully be excluded or restricted.
A party may request security for costs only where a court has authority to order it and applies a lawful, neutral standard.
No consumer will be required to post security merely because the consumer is an individual, resides outside the forum, lacks financial resources, or brings a claim against us.
Any security order must be proportionate, allow the affected party a reasonable opportunity to be heard, and account for applicable fee waivers and consumer protections.
The records maintained by our systems, including account records, timestamps, transaction identifiers, notices, payment records, verification records, and logs, will be prima facie evidence of the matters recorded in them in a dispute arising under these Terms.
The system record is not conclusive. Either party may challenge it with reliable evidence, and the court will determine the weight to give it.
This section does not make an automated record accurate merely because it exists and does not override a party’s right to discovery, disclosure, authentication, or a fair hearing.
The remedies and limitations in these Terms are transaction-specific and apply according to the stage and subject matter of the asserted claim:
These provisions survive Completion, termination, expiration, or discontinuation of your account or access to the Service to the extent necessary to give effect to finality, non-refundability, the Stated Value limitation, separation of Stated Value from the Minting Fee, and extinguishment of claims following destruction or loss of the RAD.
Nothing in this section requires us to recreate an irreversible blockchain transaction or restore a lost private key.
You may stop using the Service at any time.
We may suspend or restrict access when reasonably necessary to protect the Service, users, third parties, or legal compliance; investigate suspected fraud or abuse; respond to a security incident; address nonpayment; or enforce these Terms.
We may terminate the Service or your access if you materially breach these Terms, create substantial risk, or if continued operation is not commercially, technically, or legally feasible.
Where reasonable and lawful, we will provide notice and an opportunity to cure before terminating for breach. We may act immediately where delay would create risk or where the breach cannot be cured.
Termination does not automatically delete or reverse a Digital Asset or blockchain transaction. It may prevent further access to the Website or account. Rights and obligations that by their nature should survive termination will survive, including provisions concerning User Materials, intellectual property, disclaimers, liability, indemnity, disputes, and general terms.
The Service must state the available process for access to purchased records, refunds required by law, data export, account closure, and immutable records.
We may modify, suspend, or discontinue all or part of the Service for security, legal, technical, operational, or business reasons.
We are not responsible for a change or discontinuation to a blockchain, Arweave, Storage Provider, wallet, payment processor, or other third-party service that we do not control.
We may change these Terms by posting an updated version at https://sphering3.store/terms and providing any notice required by law.
Changes will take effect on the stated effective date. If a change materially harms your rights or obligations, we will provide reasonable advance notice where required or reasonably practicable.
The updated Terms will not apply retroactively to a dispute or transaction where retroactive application is prohibited by law.
If you do not agree to a change, you may stop using the Service. Continued use after the effective date means that you accept the updated Terms to the extent permitted by law.
We may send notices to the email address, account, wallet interface, Website, or other contact method associated with your use of the Service.
You may send legal notices to legal@sphering3.com or 6000 Peninsular Avenue T37, Key West, Florida 33040, United States.
A notice is effective when delivered, posted, or made available through the designated method, subject to applicable law.
You are responsible for keeping your contact information current.
These Terms are governed by the laws of the State of Florida, United States of America, without regard to conflict-of-law rules.
Subject to §29, the state and federal courts located in Monroe County, Florida will have exclusive jurisdiction over disputes arising from these Terms, and each party consents to personal jurisdiction and venue there.
Nothing in this section deprives a consumer of a mandatory right to sue or be sued in the consumer’s home jurisdiction or another forum required by applicable law.
We are not responsible for delay, interruption, failure, or unavailability caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government action, sanctions, epidemics, power or telecommunications failures, cyberattacks, blockchain or network failures, provider failures, congestion, protocol changes, or failures of infrastructure that we do not control.
This section does not excuse payment obligations for Service already provided, our obligation to comply with applicable law, or a refund or other remedy that applicable law requires.
You may not assign or transfer these Terms or your account without our written consent, except where applicable law permits the transfer.
We may assign these Terms to an affiliate, successor, purchaser of assets, or other entity in connection with a merger, reorganization, financing, sale, or transfer of the Service, provided that the assignment does not reduce your non-waivable rights.
Any prohibited assignment is void to the extent permitted by law.
A failure or delay in enforcing a provision is not a waiver of the right to enforce it later.
A waiver must be in writing and applies only to the specific instance for which it is given.
If any provision of these Terms is held invalid, unlawful, or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not permitted.
The remaining provisions will remain in effect.
This section does not require enforcement of a provision in a manner that applicable law prohibits.
These Terms, the Privacy Notice, the applicable purchase or asset-specific terms, and any written agreement expressly incorporated into them are the entire agreement between you and us concerning the Service.
They supersede prior or contemporaneous understandings about that subject, except for a separate written agreement that expressly overrides these Terms.
If these Terms conflict with an asset-specific or purchase-specific term, the more specific term controls for that transaction, unless the specific term states otherwise. Mandatory law controls over all contractual terms.
These Terms do not create a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and us.
Neither party may bind the other except as expressly stated.
Except for our indemnified persons under section 25, these Terms do not give a third party a right to enforce them.
Section headings are for convenience and do not affect interpretation.
“Including” means “including without limitation.” A reference to a law includes amendments and replacements, subject to applicable law.
These Terms will not be interpreted against either party solely because that party drafted them.
Questions, support requests, complaints, and legal notices may be sent to:
SPHERING³ LLC
Email: legal@sphering3.com
Mailing address: 6000 Peninsular Avenue T37, Key West, Florida 33040, United States
Website: https://sphering3.com
SPHERING³ LLC, a Florida limited liability company, is the service provider and the party responsible under these Terms. Any stylized rendering of the name, including SPHERING³ or SPHERING3, refers to SPHERING³ LLC.
By selecting “I agree,” creating an account, requesting a Mint, purchasing a Service, or using the Service, you acknowledge that you have read and agree to these Terms, subject to rights that applicable law does not permit you to waive.
You confirm that you are eligible to use the Service and have authority to accept these Terms.
No Mint, invoice, payment, receipt, or RAD may start, be generated, be accepted, or be issued unless the Thorium Reactor passes the Maestro One System Check, including all Required System Prechecks applicable to the relevant mint event. An indeterminate result counts as a failure. The machine gate must prevent the relevant operation from proceeding unless the Check passes.
A RAD, COFA, or related digital instrument described as having a value is a form of fiat digital currency or other fiat instrument where applicable. Its value is established by declaration of the issuer, not by market, cost, scarcity, expectation, resale, utility, or beauty. The COFA image has an assigned fiat value of $0.25 because Continuarium recognizes and values beautiful things. Its beauty does not create additional monetary or market value.
SPHERING³ LLC guarantees that it will perform the minting, transmit the artifact to the selected Storage Provider for archiving, and provide a verified receipt with instructions for accessing the artifact. This guarantee applies to our own performance. It is not a guarantee of a Storage Provider's performance, continued operation, or the continued availability of an artifact, which are addressed in sections 8, 9, and 17.
Users must not convert, reconstruct, distribute, or represent an artifact as base-64 data or as a base-64 substitute for the artifact except as expressly authorized by Continuarium. Unauthorized base-64 representations are not verified, archived, minted, issued, or authenticated by Continuarium. The authorized restoration engine is the Continuarium Restoration Integration engine, operated solely by SPHERING³ LLC.
Any RAD, COFA, or related digital instrument described in this Privacy Notice as having a value is a fiat digital currency or other fiat instrument whose value is established by declaration of the issuer. Fiat value is not established by market, cost, scarcity, expectation, resale, utility, or beauty.
The COFA image is assigned a fiat value of $0.25 because Continuarium recognizes and values beautiful things. Its beauty does not create additional monetary or market value.
This Privacy Notice does not alter SPHERING³ LLC’s guarantee of minting, transmission to the selected Storage Provider for archiving, and a verified receipt with access instructions.
Before an invoice is generated or payment is accepted, the Thorium Reactor must pass the Maestro One System Check, including all Required System Prechecks applicable to the mint event.
No start, invoice, payment, receipt, or RAD may proceed unless the Maestro One System Check passes. An indeterminate result counts as a failure.
A RAD or COFA is a form of fiat digital currency where applicable. Its value is established by declaration of the issuer, not by market, cost, scarcity, expectation, resale, utility, or beauty.
The COFA image is assigned a fiat value of $0.25 because Continuarium recognizes and values beautiful things. The purchase price is separate from that assigned fiat value.
This COFA is a form of fiat digital currency. Its assigned value is established by declaration of the issuer, not by market, cost, scarcity, expectation, resale, utility, or aesthetic merit.
We agree the COFA is a beautiful instrument to behold, but that does not give it any more value than a gorgeous sunrise or seeing a butterfly flutter by.
The art that is the COFA is no more than a form of a fiat digital currency, and the value is set at $0.25 for the COFA image—because we recognize and value beautiful things.
This verified receipt confirms the applicable transaction and provides instructions for accessing the artifact.
SPHERING³ LLC guarantees that it has performed the minting, transmitted the artifact to the selected Storage Provider for archiving, and provided this verified receipt with instructions for accessing the artifact. This guarantee applies to our own performance and not to the performance or continued operation of a Storage Provider.
Any stated artifact value is fiat value: value established by declaration of the issuer, not by market, cost, scarcity, expectation, resale, utility, or beauty.
The COFA image, where applicable, has an assigned fiat value of $0.25 because Continuarium recognizes and values beautiful things.
Users must not misrepresent a RAD, COFA, or related artifact as having market, resale, investment, scarcity, or aesthetic value beyond the fiat value declared by the issuer.
Users must not convert, reconstruct, distribute, or represent an artifact as base-64 data or as a base-64 substitute for the artifact except as expressly authorized by Continuarium.
Unauthorized base-64 representations are not verified, archived, minted, issued, or authenticated by Continuarium.
The authorized restoration engine is the Continuarium Restoration Integration engine, operated solely by SPHERING³ LLC.