Terms of Service Policies

These Common Policies apply to all users of Artsays, including artists, sellers, buyers, collectors, galleries, partners, and other platform participants. By accessing or using Artsays, you agree to comply with these policies in addition to any role-specific policies that may apply to your account or activities.

1. Terms of Service

1.1 Acceptance of Terms

By accessing, browsing, registering for, or using Artsays, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service and all other applicable Artsays policies. If you do not agree with these terms, you must discontinue use of the platform immediately.

1.2 Definitions

For the purpose of these Terms, certain words and phrases such as "Artsays," "User," "Artist," "Seller," "Buyer," "Collector," "Gallery," "Artwork," "Content," "Platform," "Certificate of Authenticity (COA)," and other defined terms shall have the meanings assigned to them within these policies. These definitions apply consistently across all Artsays policies unless otherwise stated.

1.3 Eligibility

To use Artsays, you must meet the minimum legal age required under applicable law and have the legal capacity to enter into binding agreements. By using the platform, you confirm that the information you provide is accurate, complete, and current, and that your use of the platform complies with all applicable laws and regulations.

1.4 User Accounts

Users are responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their accounts. Each account must be registered using accurate information, and users must promptly update their account details whenever changes occur. Users may not create or operate accounts on behalf of another person without proper authorization.

1.5 Platform Services

Artsays provides an online marketplace and community that enables users to discover, showcase, buy, sell, promote, and engage with artworks and related creative services. Certain platform features, including auctions, verification services, AI-powered tools, blockchain certificates, exhibitions, or other services, may be introduced, modified, suspended, or discontinued at Artsays' discretion.

1.6 User Responsibilities

Users are expected to use the platform honestly, responsibly, and in compliance with applicable laws and Artsays policies. Users are responsible for the accuracy of the information they provide, the content they upload, and any activities performed through their accounts. Users must cooperate with verification requests, dispute resolution processes, and compliance investigations where required.

1.7 Prohibited Activities

Users must not engage in activities that violate applicable laws, infringe intellectual property rights, manipulate platform services, misrepresent artworks, commit fraud, misuse payment systems, interfere with platform operations, harass other users, distribute malicious software, or otherwise compromise the safety, integrity, or reputation of Artsays or its community.

1.8 Platform Rights

Artsays reserves the right to review, monitor, verify, restrict, suspend, modify, remove, or disable any account, listing, transaction, content, feature, or service where necessary to maintain platform integrity, comply with legal obligations, protect users, investigate suspected violations, or enforce these policies.

1.9 Suspension & Termination

Artsays may temporarily suspend, restrict, or permanently terminate user accounts, listings, transactions, or access to platform services where users violate applicable policies, engage in fraudulent or unlawful conduct, repeatedly breach platform standards, or otherwise pose a risk to the platform or its community. Suspension or termination does not relieve users of any outstanding legal or financial obligations.

1.10 Governing Law

These Terms of Service and all related Artsays policies shall be governed by and interpreted in accordance with the laws of the Republic of India. Any legal proceedings arising from the use of the platform shall be subject to the jurisdiction specified in the Dispute Resolution Policy.

1.11 Dispute Resolution

Users agree to make reasonable efforts to resolve disputes through Artsays' internal dispute resolution process before initiating formal legal proceedings. Where applicable, unresolved disputes may be referred to arbitration or other legally recognized dispute resolution mechanisms in accordance with the Dispute Resolution Policy.

1.12 Limitation of Liability

Artsays operates as a technology platform that facilitates interactions between users and does not guarantee the actions, quality, authenticity, availability, or performance of individual users or third-party services. To the fullest extent permitted by law, Artsays shall not be liable for indirect, incidental, consequential, special, or punitive damages arising from the use of the platform.

1.13 Indemnification

Users agree to indemnify, defend, and hold harmless Artsays, its founders, directors, employees, affiliates, partners, and service providers from any claims, losses, damages, liabilities, costs, or expenses arising from their breach of these Terms, violation of applicable laws, infringement of third-party rights, or misuse of the platform.

1.14 Force Majeure

Artsays shall not be held liable for any delay, interruption, or failure to perform its obligations where such failure results from events beyond its reasonable control, including natural disasters, pandemics, government actions, war, civil unrest, cyberattacks, infrastructure failures, internet outages, or other force majeure events.

1.15 Policy Updates

Artsays may update, modify, or replace these Terms of Service and related policies from time to time to reflect legal, operational, or business changes. Updated versions become effective upon publication on the platform unless otherwise stated. Continued use of Artsays after such updates constitutes acceptance of the revised policies.

1.16 Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Failure by Artsays to enforce any provision shall not constitute a waiver of its rights. These Terms, together with all applicable Artsays policies, constitute the entire agreement between the user and Artsays regarding use of the platform.