Hallucinate

Terms of Service

Last updated: April 28, 2026

Draft for legal review. This document is provided as a working template prepared for hallu, LLC. It must be reviewed and finalized by qualified legal counsel before publication. References to specific facts (entity name, address, jurisdiction, EIN, products, blockchain) have been pre-filled based on the business as described to us; please verify each item.

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the website at hallu.art (the "Site") and the purchase of non-fungible tokens ("NFTs") associated with original digital artworks (the "Artworks") offered by hallu, LLC, a Wisconsin limited liability company with its principal place of business at 718 Trailsway Lane, Neenah, WI 54956 ("Hallucinate," "we," "us," or "our"). By accessing the Site or purchasing an NFT, you ("you" or the "Buyer") agree to be bound by these Terms. If you do not agree, do not use the Site.

2. Eligibility

You represent and warrant that:

3. Nature of the Goods Sold

Hallucinate sells first-party original digital artworks created by Kenny Faase on behalf of hallu, LLC, delivered as NFTs minted on the Polygon blockchain via an ERC-1155 Edition Drop smart contract. Each of the 256 artworks in the inaugural collection is offered in four numbered editions ("Friend," "Benefactor," "Champion," and "Founder"), with a fixed supply of four (4) copies per edition per artwork. Edition labels, edition numbers, and provenance are recorded on-chain at the time of mint.

We do not operate a secondary marketplace, do not list third-party works, and do not facilitate peer-to-peer NFT trades on this Site. Each purchase is a primary sale of an original artwork directly from the artist to the Buyer.

An ERC-2981 artist royalty is configured at the smart-contract level. When an NFT is resold on a third-party secondary marketplace that honors the EIP-2981 standard, the configured royalty is paid to hallu, LLC automatically. hallu, LLC does not operate, host, or endorse any specific secondary marketplace and disclaims all responsibility for the conduct or solvency of any third-party marketplace.

NFTs are art collectibles. They are not securities, financial instruments, investments, or promises of any future return. We make no representation regarding the resale value, market price, or appreciation of any Artwork or NFT.

4. Purchase, Pricing, and Payment

4.1 Pricing

All prices are listed in U.S. Dollars (USD) and are fixed per edition: Friend $256, Benefactor $512, Champion $1,024, and Founder $2,048. Applicable U.S. state and local sales taxes are calculated from your U.S. ZIP code at checkout and absorbed by hallu, LLC. Payment-processing fees and on-chain (gas) fees are likewise absorbed by hallu, LLC. The buyer is charged exactly the listed USD price; no surcharges or fees of any kind are added to the buyer's invoice.

4.2 Shopping Cart and Multi-Item Orders

The Site offers a shopping cart that allows you to purchase multiple NFTs in a single transaction. Each NFT in a multi-item order is minted individually; an issue with the minting of one item does not affect the delivery of the others, and refund eligibility is evaluated on a per-item basis.

4.3 Payment Methods

We accept two payment methods at the buyer's option:

4.4 Order Confirmation

Submitting an order does not constitute acceptance. We reserve the right to refuse or cancel any order at our sole discretion, including (without limitation) for suspected fraud, payment-method failure, eligibility issues (including non-U.S. billing address), or pricing errors. Your order is accepted only when we send you an order-confirmation email and successfully mint the NFT(s) to your account.

5. Delivery and Custody

Hallucinate sells digital goods and there is no physical shipment. Following payment confirmation, we will mint the purchased NFT on the Polygon blockchain and assign it to a custodial account associated with the email address you provided at checkout. Delivery typically completes within fifteen (15) minutes of payment confirmation; in rare cases of network congestion, delivery may take up to twenty-four (24) hours.

You may, at any time, connect a personal Polygon-compatible wallet to your account and request transfer of the NFT to your self-custody. Once an NFT has been transferred to a wallet you control, hallu, LLC has no further custodial obligations with respect to that NFT.

6. Refunds and Cancellations

Due to the immutable and irreversible nature of blockchain transactions, all sales are final and non-refundable once the Artwork has been minted and delivered. You may cancel a purchase before the on-chain mint transaction is broadcast by contacting us at support@hallu.art. For multi-item orders, refund eligibility is evaluated on a per-item basis.

If you experience a verifiable technical failure during checkout (for example, you were charged but no NFT was delivered), contact us within thirty (30) days at support@hallu.art and we will investigate. Where the failure is on our side or our delivery partners', we will issue a full refund of the affected line item to the original payment method (for card payments) or to a payout address you provide (for crypto payments).

7. License to Buyers

Subject to your payment in full and continuing compliance with these Terms, hallu, LLC grants you a personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide, revocable license to display the Artwork associated with your purchased NFT in personal, non-commercial contexts (including personal social media profiles, personal websites, and NFT-display devices owned by you).

You may not, without our prior express written permission:

All copyright and other intellectual-property rights in the Artworks are and shall remain the property of Kenny Faase and/or hallu, LLC. Owning the NFT does not transfer copyright or any other intellectual-property right in the underlying Artwork.

If you transfer the NFT to a subsequent holder, the license set forth in this Section transfers to that holder on the same terms, provided that the transfer is in compliance with these Terms. We do not facilitate secondary transfers and do not warrant any aspect of secondary-market transactions.

8. Buyer Conduct

You agree not to use the Site or the Artworks to:

9. Blockchain Risks

You acknowledge that blockchain transactions are irreversible, that NFTs and the underlying Artworks are subject to risks beyond our control, including risks associated with the Polygon network, smart-contract vulnerabilities, network congestion, hard forks, and the loss of access credentials to wallets. You are responsible for the security of any wallet you use.

10. Disclaimers

THE SITE AND THE ARTWORKS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HALLU, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HALLU, LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO THE SITE, AN NFT, OR AN ARTWORK. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE ARTWORK GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless hallu, LLC and Kenny Faase from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law, or your misuse of any Artwork.

13. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Wisconsin, U.S.A., without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms shall be resolved in the state or federal courts located in Winnebago County, Wisconsin, and you consent to the personal jurisdiction of such courts.

14. Modifications

We may modify these Terms from time to time. The "Last updated" date above will reflect the most recent revision. Continued use of the Site after a modification constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at:
hallu, LLC
718 Trailsway Lane, Neenah, WI 54956
support@hallu.art · +1 (541) 286-8851