By using ARTISTINCT you accept these Terms of Service. If you do not accept all the terms, you are not authorized to use the platform.
These terms constitute a legally binding agreement between you and Artistinct S.r.l. Continued use of the platform after any modifications constitutes acceptance of those modifications.
2. Account and Registration
To use certain features you must create an account. You declare that:
• You are at least 18 years old or have the consent of your parents/guardians
• The information provided is accurate and complete
• You will keep the information up to date
• You are responsible for the security of your account
• You will not share your credentials with third parties
• You will inform us immediately of any unauthorized use
We reserve the right to suspend or delete accounts that violate these terms.
3. User Generated Content (UGC)
By uploading content to ARTISTINCT, you declare that you:
• Are the owner or have the necessary rights to publish the content
• Do not infringe third-party rights (copyright, trademarks, privacy)
• Do not publish illegal, offensive, defamatory or inappropriate content
• Grant ARTISTINCT a non-exclusive license to display, promote and distribute your content on the platform
You retain intellectual property of your content. ARTISTINCT claims no ownership rights over your works.
We reserve the right to remove content that violates these terms or our policies.
Fees and Payments:
• Fees range from 3% to 15% based on subscription plan and transaction type
• Payments are processed by Stripe, subject to their terms of service
• Funds are transferred to your Stripe Connect account within 7-14 business days
• You are responsible for applicable taxes on your sales
Refunds:
• Refunds for digital works are at the seller's discretion
• For physical works, distance selling regulations apply
• Subscriptions can be canceled at any time, without pro-rata refund
Disputes:
• Disputes between buyer and seller must be resolved directly between the parties
• ARTISTINCT may intervene as a mediator but is not responsible for disputes
5. NFTs and Digital Assets
For the creation and sale of NFTs:
• You declare that you own the rights to the tokenized work
• You understand that blockchain transactions are irreversible
• Royalties are managed via smart contract according to defined percentages
• ARTISTINCT is not responsible for fluctuations in NFT value
• Purchasing an NFT transfers ownership of the token, not necessarily the copyright
Gas fees and network costs:
• Gas costs for minting are borne by the creator
• ARTISTINCT does not control blockchain network fees
Available plans: Free, Production, Growth, Business
Conditions:
• Subscriptions renew automatically
• You can cancel at any time from the dashboard
• Cancellation is effective at the end of the current billing period
• No refunds are provided for partial periods
• We reserve the right to change prices with 30 days' notice
• Price changes do not apply to the current billing period
It is prohibited to use ARTISTINCT to:
• Violate applicable laws or regulations
• Infringe third-party intellectual property rights
• Publish illegal, pornographic, violent or discriminatory content
• Carry out fraud, scams or deceptive activities
• Distribute malware, viruses or harmful code
• Attempt to access unauthorized systems
• Collect other users' data without consent
• Manipulate reviews, ratings or metrics
• Create fake or multiple accounts to evade restrictions
• Use unauthorized bots or automation
8. Limitations of Liability
ARTISTINCT is provided "as is" without warranties of any kind.
We are not responsible for:
• Losses arising from use of the platform
• Service interruptions or technical errors
• Content published by other users
• Data loss or unauthorized access
• Fluctuations in value of NFTs or digital assets
• Transactions between users
• Actions of third parties (Stripe, blockchain, etc.)
Our maximum liability is limited to the amount paid for services in the last 12 months.
Some jurisdictions do not allow liability exclusions, so some limitations may not apply.
9. Termination and Suspension
You can close your account at any time from settings.
We reserve the right to suspend or terminate your account if:
• You violate these terms of service
• You receive repeated reports for inappropriate content
• You carry out fraudulent or suspicious activity
• You do not pay the fees due
• For any reason at our reasonable discretion
In case of closure:
• Pending funds will be transferred according to normal timelines
• Content may remain visible for a limited period
• Data will be handled according to our Privacy Policy
These terms are governed by Italian law.
Competent court: Court of Milan, Italy.
Dispute resolution:
• We will first attempt an amicable resolution
• Disputes will be submitted to mediation at an accredited body
• Failing agreement, the Court of Milan will have jurisdiction
For consumers resident in the EU: you have the right to file complaints through the European Commission's ODR platform: https://ec.europa.eu/odr
Artistic Trend Market and Project Support
11.1 Virtual credits market. The "Exchange" section hosts the Artistic Trend Market: a system that lets you follow and predict the performance of artists, artworks and projects using platform virtual credits only. Credits are not money, cannot be purchased or converted into money or other assets with monetary value, are not transferable outside the platform and confer no economic rights. Positions, prices and distributions expressed in credits serve recreational, reputational and informational purposes only. The market does not constitute trading in financial instruments, gambling or an investment offering.
11.2 Project support (royalties and revenue sharing). The project support features allow an artist or organisation to contractually assign a percentage of the exploitation proceeds of their works or projects (copyright royalties, revenue sharing) directly to a supporter. Such agreements are direct bilateral contracts between artist and supporter, for which ARTISTINCT provides technological support only. Equity stakes are not permitted, there is no secondary market for reselling these rights, and the platform does not guarantee any return.
11.3 No authorisation. ARTISTINCT is not an investment firm authorised under Directive 2014/65/EU (MiFID II), does not operate a regulated market, a multilateral trading facility (MTF) or an organised trading facility (OTF), is not a crowdfunding service provider authorised under Regulation (EU) 2020/1503 (ECSP) and is not registered with the SEC or any other supervisory authority. The platform's features are designed not to constitute regulated activities; should any feature require it, it will be operated through authorised partners or upon obtaining the required authorisations.
11.4 No advice. Quotations, indices, scores and forecasts published on the platform are for information and demonstration purposes only. They do not constitute investment advice, personalised recommendations, solicitation of public savings or a public offering of financial products.
11.5 Project support risks. Supporting creative projects involves risks, including the possibility that the project generates no proceeds (and therefore no royalties), delay or non-performance by the artist, and the impossibility of reselling the acquired rights. Past proceeds are not indicative of future results. Access to support features may be subject to identity verification (KYC) and prudential limits inspired by the principles of the ECSP Regulation.
11.6 Jurisdictions. The features described are designed with reference to the European Union regulatory framework. If you access them from other jurisdictions (including the United States), you are responsible for complying with applicable local laws; the features may not be available or appropriate in your jurisdiction.
11.7 Evolution of the service. ARTISTINCT may modify, suspend or restrict the features described at any time, including for regulatory compliance, and reserves the right to introduce regulated investment features in partnership with authorised entities or upon obtaining the required authorisations.