1. Introduction
These Terms of Service ("Terms") govern your access to and use of the Terra-Claim.com website and platform (the "Platform"), operated by TerraClaim LLC, a Delaware limited liability company ("TerraClaim," "we," "us," or "our"). By accessing or using the Platform, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Platform.
2. Platform Description
Terra-Claim.com is a single-asset marketplace dedicated exclusively to the facilitation of transactions involving claims arising from the Terra/Luna bankruptcy proceedings. The Platform provides a venue for prospective buyers and sellers to connect and negotiate the transfer of such claims.
TerraClaim is not a broker-dealer, does not provide custody of any funds or assets, does not provide investment, legal, tax, or financial advice, and is not the buyer, seller, broker-dealer, investment adviser, fiduciary, escrow agent, legal adviser, tax adviser, financial adviser, or guarantor of any transaction unless expressly stated in a separate written agreement signed by TerraClaim. The Platform acts only as an intermediary that may help connect users who may wish to sell claims, rights, recoveries, or related interests with one or more potential buyers.
3. Eligibility
To use the Platform, you must be at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into binding agreements. By using the Platform, you represent and warrant that you meet these requirements.
Users may browse the Platform without completing identity verification. However, to submit, purchase, or sell claims, users must complete our Know Your Customer (KYC) and Anti-Money Laundering (AML) verification process.
4. Account Registration
To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Transaction Process
Transactions on the Platform are executed via Transfer of Claim Agreements ("TOCAs"). The TOCA governs the transfer of claim rights from seller to buyer. Any agreement, sale, assignment, transfer, payment, diligence request, closing condition, distribution, dispute, claim, representation, warranty, covenant, indemnity, or other obligation relating to a transaction with a buyer is solely between the applicable user and that buyer, and not TerraClaim, unless expressly stated in a separate written agreement signed by TerraClaim.
By submitting, listing, purchasing, selling, or otherwise participating in a transaction involving a claim, you authorize TerraClaim to disclose information concerning you and your claim, including claim documentation, identity verification information, KYC/AML information, transaction information, and supporting materials, to potential or actual buyers, transaction counterparties, service providers, professional advisers, claims administrators, courts, governmental or regulatory authorities, fraud-prevention providers, compliance vendors, and successors to our business, in each case as reasonably necessary or advisable to evaluate, negotiate, document, consummate, administer, enforce, or comply with legal obligations relating to any potential or actual transaction, or as otherwise permitted or required by law.
Payment Structure:
- Buyers pay the claim purchase price directly to sellers.
- Buyers pay a platform administration fee directly to TerraClaim LLC.
TerraClaim does not hold, custody, or escrow client funds at any time.All payments are made directly between the transacting parties and to TerraClaim as applicable.
6. Third-Party Services
The Platform integrates with third-party service providers to deliver its functionality. By using the Platform, you acknowledge and agree that your information may be processed by these providers as described in our Privacy Policy. Key providers include:
- Clerk for account authentication and session management.
- Sumsub for identity verification (KYC/AML compliance).
- Resend for transactional email delivery.
- Vercel for platform hosting, file storage, and analytics.
TerraClaim is not responsible for the practices or policies of third-party providers. We encourage you to review the privacy policies of these services.
Where TerraClaim shares non-public Seller or Claim information with potential or actual buyers, transaction counterparties, or other third-party recipients as permitted by these Terms or the Privacy Policy, TerraClaim will use commercially reasonable efforts to require appropriate confidentiality protections from such recipients; however, TerraClaim is not responsible for any unauthorized use, disclosure, or misuse of such information by any third-party recipient except to the extent caused by TerraClaim's fraud, willful misconduct, gross negligence, or material breach of these Terms.
7. User Responsibilities
You agree to:
- Use the Platform only for lawful purposes and in accordance with these Terms.
- Conduct your own due diligence on any claims you intend to purchase or sell.
- Provide accurate information about any claims you list on the Platform.
- Comply with all applicable laws, regulations, and sanctions requirements.
- Not engage in any activity that could harm the Platform or other users.
- Use any non-public information received through the Platform only for the transaction-related purpose for which it was provided and not disclose or misuse such information except as permitted by these Terms, the applicable transaction documents, or law.
8. Disclaimers
THE PLATFORM IS 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, AND NON-INFRINGEMENT.
TerraClaim does not guarantee the accuracy, completeness, or validity of any claim information provided by users. TerraClaim does not guarantee that any transaction will be completed or that any claim transfer will be approved by the bankruptcy court.
TerraClaim does not provide investment advice. Any decision to buy or sell claims is made solely by the user at their own risk. You agree that any dispute, concern, claim, demand, or issue relating to a buyer, a proposed transaction, a completed transaction, payment (including the timing and manner of any contingent payment), claim value, claim validity, transfer mechanics, bankruptcy-case treatment, or any buyer agreement must be addressed directly with the buyer and not with TerraClaim, except to the extent arising from TerraClaim's fraud, willful misconduct, gross negligence, or material breach of these Terms.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERRACLAIM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT TO THE EXTENT CAUSED BY TERRACLAIM'S FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR MATERIAL BREACH OF THESE TERMS, TERRACLAIM SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE, DISCLOSURE, OR MISUSE OF YOUR INFORMATION BY ANY THIRD-PARTY RECIPIENT WITH WHOM TERRACLAIM SHARES INFORMATION AS PERMITTED BY THESE TERMS OR THE PRIVACY POLICY.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT TO THE EXTENT CAUSED BY TERRACLAIM'S FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR MATERIAL BREACH OF THESE TERMS, TERRACLAIM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY BUYER'S ACTS, OMISSIONS, PAYMENT OBLIGATIONS, DILIGENCE DECISIONS, COMMUNICATIONS, PERFORMANCE, NON-PERFORMANCE, BREACH, FRAUD, NEGLIGENCE, INSOLVENCY, OR REFUSAL TO PROCEED.
10. Indemnification
You agree to indemnify, defend, and hold harmless TerraClaim and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Platform or your violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.
12. Modifications
TerraClaim reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform with a new effective date. Your continued use of the Platform after such changes constitutes your acceptance of the modified Terms.
13. Termination
TerraClaim may terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease.
14. Contact
For questions about these Terms, please contact us at: hey@terra-claim.com