Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and ArtVault Works (“ArtVault,” “we,” “us,” or “our”). By accessing, browsing, registering for, or using the ArtVault Works platform, including any associated websites, APIs, mobile interfaces, and services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a company, gallery, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

ArtVault Works is a cloud-based software platform for art inventory management, customer relationship management, website building, email marketing, sales tracking, viewing rooms, augmented reality tools, e-commerce, auction management, reporting, and related tools. The Platform is provided on an “as is” and “as available” basis. ArtVault Works is a software tool only — we are not a gallery, auction house, financial advisor, insurer, appraiser, legal advisor, or art dealer.

3. Account Registration

To use the Service, you must create an account and provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must be at least 18 years old to create an account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Subscriptions, Payments & Billing

Access to certain features of the Service requires a paid subscription. By subscribing, you agree to pay all applicable fees as described on our pricing page. Subscriptions automatically renew at the end of each billing cycle unless cancelled before the renewal date.

All fees are non-refundable. No refunds or credits will be issued for partial periods of service, upgrade/downgrade changes, or unused features — except as expressly required by applicable law. We reserve the right to change our pricing at any time with at least 30 days' notice to active subscribers.

Free trials, if offered, will convert to a paid subscription at the end of the trial period unless cancelled. You are responsible for cancelling before the trial ends if you do not wish to be charged.

5. Your Content & Intellectual Property

5.1 Ownership

You retain all ownership rights to any content, data, images, text, and other materials you upload, store, or transmit through the Service (“User Content”). ArtVault does not claim ownership of your User Content.

5.2 License to ArtVault

By uploading User Content, you grant ArtVault a limited, non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, and display your User Content solely for the purpose of operating, providing, and improving the Service.

5.3 Your Responsibility

You are solely responsible for your User Content. You represent and warrant that: (a) you own or have all necessary rights, licenses, and permissions to upload and use your User Content; (b) your User Content does not infringe, violate, or misappropriate any third-party intellectual property, privacy, or other rights; (c) your User Content does not violate any applicable law or regulation; and (d) your User Content does not contain illegal, defamatory, obscene, or otherwise objectionable material.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Upload, transmit, or store any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, or otherwise objectionable
• Send unsolicited communications, spam, or bulk messages in violation of CAN-SPAM, GDPR, CASL, PECR, or other anti-spam and data protection legislation
• Attempt to gain unauthorized access to the Service, other user accounts, or any computer systems or networks connected to the Service
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Conduct fraudulent transactions or misrepresent the provenance, authenticity, condition, or ownership of artworks
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service
• Use the Service to facilitate money laundering, terrorist financing, sanctions evasion, or other financial crimes
• Infringe on the intellectual property rights of ArtVault or any third party
• Resell, sublicense, lease, or redistribute access to the Service without our prior written consent
• Use automated tools, bots, scrapers, or spiders to access or extract data from the Service
• Upload malware, viruses, worms, trojans, or other harmful code

7. Public Content, Viewing Rooms & Websites

When you create public viewing rooms, portfolio websites, storefronts, or other publicly accessible content through the Service, you are solely responsible for all content displayed. Public content may be indexed by search engines. Password-protected viewing rooms are only accessible to those with the credentials you set. ArtVault is not responsible for any unauthorized access to or distribution of your public or shared content.

8. E-Commerce, Sales & Transactions

ArtVault Works is a software platform only. If you use the e-commerce, invoicing, sales, consignment, loan, auction, or other transaction features, you are solely responsible for all aspects of transactions between you and your buyers, sellers, consignors, or other parties. ArtVault facilitates payments through third-party processors (including Stripe) but is not a party to any sale, purchase, consignment, loan, auction, or other transaction.

You are solely responsible for: (a) the accuracy of artwork listings, descriptions, pricing, and any representations made; (b) applicable taxes, duties, shipping, insurance, and compliance with consumer protection laws; (c) resolving any disputes with buyers, sellers, or other parties; (d) verifying the identity and creditworthiness of parties you transact with; and (e) compliance with all anti-money laundering (AML) regulations applicable to your jurisdiction and business.

ArtVault makes no warranties regarding the identity, reliability, or creditworthiness of any user or third party.

9. Artwork Valuations, Insurance Estimates & Financial Data

ALL ARTWORK VALUATIONS, APPRAISALS, INSURANCE ESTIMATES, MARKET ANALYSES, REVENUE CALCULATIONS, AND OTHER FINANCIAL INFORMATION PROVIDED THROUGH THE SERVICE ARE FOR INFORMATIONAL AND ORGANIZATIONAL PURPOSES ONLY. They do not constitute professional appraisals, financial advice, insurance advice, tax advice, or legal advice. You should not rely on any valuations or financial data generated by the Service for insurance coverage decisions, tax filings, estate planning, legal proceedings, or investment decisions. Always consult qualified professionals for such matters.

10. Email Marketing & Communications Compliance

You are solely responsible for complying with all applicable email marketing and electronic communications laws when using the email marketing features of the Service, including but not limited to CAN-SPAM (United States), GDPR (European Union), CASL (Canada), PECR (United Kingdom), and all other applicable regulations. You must: (a) obtain proper consent from recipients before sending marketing communications; (b) honor unsubscribe requests promptly; (c) accurately identify yourself in all communications; (d) not use deceptive subject lines or headers; and (e) include valid physical mailing addresses in commercial emails. ArtVault provides tools to facilitate compliance but is not liable for any violations committed by users.

11. Third-Party Integrations

The Service may integrate with or link to third-party services including but not limited to Stripe, QuickBooks, Xero, Square, Shopify, WooCommerce, Mailchimp, Zapier, Google Calendar, Instagram, and others. Your use of any third-party service is governed by that service's own terms and privacy policies. ArtVault is not responsible for the availability, accuracy, security, or content of any third-party service. ArtVault makes no warranties regarding third-party integrations and assumes no liability for any data loss, errors, synchronization failures, or damages arising from the use of such integrations.

12. Service Availability & Modifications

We strive to maintain high availability but do not guarantee uninterrupted, error-free, or secure service. We may perform maintenance, updates, or modifications that temporarily or permanently affect availability or functionality. We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes or planned downtime.

13. Data, Privacy & Security

Your use of the Service is governed by our Privacy Policy and Cookie Policy. ArtVault uses commercially reasonable measures to protect your data. However, no method of electronic transmission or storage is 100% secure, and ArtVault cannot guarantee the absolute security of your data. You are responsible for maintaining your own backups of your data. ArtVault shall not be liable for any data loss, corruption, unauthorized access, or breach.

16. Assumption of Risk

You acknowledge and agree that your use of the Service is entirely at your own risk. You assume full responsibility for all risks associated with using the Service, including but not limited to: the risk of data loss; the risk of financial loss from transactions facilitated through the Service; the risk of inaccurate valuations or calculations; the risk of unauthorized access to your account; and any risks associated with reliance on third-party integrations. ArtVault is a technology platform and does not participate in, endorse, or guarantee any transaction, artwork, or business relationship.

17. Indemnification

You agree to indemnify, defend, and hold harmless ArtVault Works, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party rights; (e) any transaction you conduct through or in connection with the Service; (f) any claim that your User Content infringes or violates the rights of any third party; (g) your negligence, willful misconduct, or fraud; (h) any dispute between you and another user or third party; or (i) your failure to comply with applicable tax, anti-money laundering, or other regulatory obligations.

This indemnification obligation shall survive the termination of your account and these Terms.

18. Termination

You may delete your account at any time from your account settings. We may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms, non-payment, fraudulent activity, or legal requirements.

Upon termination: (a) your right to use the Service ceases immediately; (b) you may request export of your data within 30 days of termination; (c) after 30 days, we may permanently delete all of your data without further notice or liability. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

19. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or any related matter shall be resolved through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware, United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND ARTVAULT AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

JURY TRIAL WAIVER: YOU AND ARTVAULT HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING RELATED TO THESE TERMS OR THE SERVICE.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

21. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify active subscribers via email and/or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service and cancel your subscription.

22. Force Majeure

ArtVault shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, shortage of transportation, facilities, fuel, energy, labor, or materials, failure of third-party services or infrastructure, cyberattacks, or internet outages.

23. Severability

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

24. Entire Agreement & Waiver

These Terms, together with the Privacy Policy, Cookie Policy, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ArtVault regarding the Service and supersede all prior agreements, negotiations, and understandings, whether written or oral. No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and ArtVault's failure to assert any right or provision shall not constitute a waiver of such right or provision.

25. Contact

For questions about these Terms, please contact us at:

legal@artvaultworks.com