Terms of Service

Effective Date: April 2, 2026

These Website Standard Terms and Conditions (hereinafter referred to as the "Agreement") shall govern the use of all pages on this website (hereinafter collectively referred to as the "Website") and any services on this website (hereinafter referred to as the "Services") that are provided by ArtLink LLC, (hereinafter referred to as the "Company," "we" or "us").

These Terms and Conditions represent the whole agreement and understanding between the Company and the individual or entity who subscribes to our Service(s) (hereinafter referred to as the "Subscriber" or "you").

1. ASSENT AND ACCEPTANCE

By using this Website, the Subscriber agrees to comply with all of the terms and conditions contained herein in full. If the Subscriber doesn't agree with any of the terms and conditions mentioned herein, the Subscriber must not use this Website.

2. AGE RESTRICTION

The Subscriber must be at least 13 year(s) of age to use this Website. By using this Website, the Subscriber represents and warrants that the Subscriber is at least 13 year(s) of age and may legally agree to this Agreement.

3. LICENSE TO USE WEBSITE

The Company shall provide the Subscriber with certain information as a result of using this Website or its Services. Such information may include but is not limited to, documentation, data, or information developed by the Company and other materials that may assist the Subscriber in the use of the Website.

Subject to the terms and conditions contained herein in this Agreement, the Company authorizes the Subscriber a non-exclusive, limited, non-transferable, and revocable license to use the Company's materials solely in connection with its use of this Website.

4. INTELLECTUAL PROPERTY RIGHTS

The Company owns all rights to the intellectual property and materials contained in this Website, and all such rights, titles, and interests are reserved. The Subscriber is provided a limited license only for the purpose of viewing the material contained on this Website. The Subscriber acknowledges that it won't use any intellectual property in a manner that violates any laws.

5. PRIVACY AND DATA PROCESSING

Information Collection. While using this Website, the Subscriber may provide the Company with personal information and content including but not limited to artwork images, biographical information, professional history, contact details, and other materials related to the Subscriber's artistic practice.

Authorization to Process. The Subscriber authorizes the Company to collect, store, process, and use this information for the purposes of operating the Website, providing Services, and improving the platform experience. This includes processing in countries where the Company or its service providers may operate.

Third-Party Service Providers. The Company may engage third-party service providers to assist in processing Subscriber information and content. Such providers are bound by confidentiality obligations and are prohibited from using Subscriber data for purposes other than providing services to the Company.

Privacy Policy. The Company's collection, use, and disclosure of personal information is further described in our Privacy Policy, which is incorporated herein by reference. By using this Website, the Subscriber acknowledges that they have read and understood the Privacy Policy.

Data Accuracy. The Subscriber warrants that all information and content provided to the Company is accurate, current, and complete, and agrees to update such information as necessary.

6. SUBSCRIBER RESTRICTIONS

The Subscriber is emphatically restricted from doing the following activities while using this Website:

• Publishing any of the Website content in any external media without authorization.
• Transferring usage rights or indulging in any monetary transaction against the Website.
• Damaging the Website in any form.
• Using this Website in any way that affects user access to this Website.
• Usage of Website against the laws and regulations of Colorado.
• Using this Website to engage in any unauthorized advertising or marketing.
• Extracting data or information while using this Website through automated means, scraping, or data mining.
• Attempting to reverse engineer, decompile, or interfere with any automated systems or algorithms used by the Website.
• Uploading content that infringes on the intellectual property rights of any third party.
• Misrepresenting the Subscriber's identity or affiliation with any person or entity.

7. SUBSCRIBER CONTENT

In this Agreement, the Subscriber Content shall mean any audio, video, text, images, or other materials the Subscriber chooses to publish on this Website. By publishing the content on this Website, the Subscriber authorizes the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, and display the content in connection with operating and improving the Website and Services.

8. AUTOMATED ANALYSIS AND ARTIFICIAL INTELLIGENCE

Automated Processing. The Subscriber acknowledges and agrees that the Company may use automated systems, including artificial intelligence ("AI") and machine learning technologies, to analyze, categorize, and extract information from Subscriber Content. This processing is used to:

• Categorize and tag artwork for marketplace discovery
• Generate descriptive metadata about artistic style, themes, and techniques
• Enable search, filtering, and recommendation features
• Improve the overall platform experience

Third-Party AI Services. Such automated analysis may be performed by the Company directly or through third-party AI service providers engaged by the Company. These providers process Subscriber Content solely for the purposes described herein and are bound by confidentiality and data protection obligations.

No Model Training. Subscriber Content, including artwork images and associated information, will NOT be used to train general-purpose artificial intelligence or machine learning models. Any processing is limited to providing the specific Services described in this Agreement.

Generated Insights. Any insights, categorizations, descriptions, or metadata generated through automated analysis are provided for informational and functional purposes only. The Company makes no warranties as to the accuracy, completeness, or appropriateness of such generated content. The Subscriber acknowledges that AI-generated insights may contain errors or may not fully represent the Subscriber's artistic intent.

Subscriber Control. The Subscriber may request information about how their content has been processed or request deletion of analysis data by contacting the Company at the address provided in the Notices section.

Continuous Improvement. The Company reserves the right to update and improve its automated analysis systems. Such updates will be made in accordance with this Agreement and the Privacy Policy.

9. SUBSCRIBER RESPONSIBILITY

Any user ID and password the Subscriber may have created for this Website are confidential, and it is the Subscriber's responsibility to safeguard its own ID and Password. The Subscriber is responsible for all activities that occur under their account.

10. DATA LOSS

The Company does not accept responsibility for the security of the Subscriber's account or content beyond implementing commercially reasonable security measures. The Subscriber agrees to use the Website at its own risk and is encouraged to maintain backup copies of any content uploaded to the Website.

11. ADVERTISING CONTENT

The Website may show advertisements for or links to third-party websites, products, and/or services (hereinafter referred to as the "Third-Party Ads"). The Company is not responsible for the availability of these Third-Party Ads or the images, content, or any other materials contained therein.

12. SUPPORT

The Company shall provide support under the following circumstances:

• Only a Website that is registered under the Company, unaltered by a third party, is eligible for support.
• Support during the term of the Agreement and assistance in updates, upgrades, and bug fixes during such term.
• Answer queries from the Subscriber regarding the operations of the Website, primarily via the Company's Support Portal and secondarily via telephone and e-mail.
• Use commercially reasonable efforts to correct any errors reported by the Subscriber and as confirmed by the Company.
• Use commercially reasonable efforts to respond to each reported error according to the Support Process section of the Company.

13. NO SURREPTITIOUS CODE

The Company agrees that, to the best of its knowledge, the Website does not contain any hacking code or mechanism that collects personal information or maintains control of the system without the Subscriber's permission or such action which may restrict the Subscriber's access to or use of Company Data.

The Subscriber warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkit, keylogger, virus, trojan, worm, or other code or mechanism designed to permit unauthorized access to Subscriber Data, or which may restrict Company's access to regulate the deliverables granted to the Subscriber.

14. WARRANTIES

The Subscriber acknowledges and agrees that the submission of any information is at the Subscriber's sole risk, and to the maximum extent permitted by law, the Company disclaims any and all liability to you for any loss or liability relating to such information in any way.

The Company makes no warranties that the Website or Service will be uninterrupted, error-free, or secure.

The Company makes no warranties regarding the accuracy, completeness, or reliability of any AI-generated or automated analysis, categorization, or insights derived from Subscriber Content.

15. TERMINATION

The Subscriber is free to stop using this Website or Services at any time. The Company reserves the right to terminate this Agreement at any time for any reason, with or without cause. The Company further reserves the right to terminate this Agreement if the Subscriber violates any of the terms outlined herein, including, but not limited to, violating the rights of the Company.

Upon termination, the Subscriber may request deletion of their Subscriber Content and associated analysis data, subject to the Company's data retention policies and legal obligations.

16. ARBITRATION

In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be one (1) arbitrator, who shall be appointed by mutual agreement of the Parties or, failing agreement, by the American Arbitration Association. The venue of arbitration shall be Denver, Colorado, and the Seat shall be Colorado. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The arbitrators' decision shall be final and binding on both Parties.

17. LIMITATION OF LIABILITY

In no event shall the Company be liable for any loss or damage that may occur to the Subscriber arising out of or in any way connected with the Subscriber's use of this Website, including but not limited to:

• Any errors, inaccuracies, or omissions in AI-generated or automated analysis of Subscriber Content;
• Any decisions made by the Subscriber based on insights or categorizations provided by the Website;
• Any indirect, incidental, special, consequential, or punitive damages;
• Any loss of profits, revenue, data, or use.

18. INDEMNIFICATION

The Subscriber hereby indemnifies and holds the Company harmless from and against any and all liabilities, legal claims, demands, damages, and expenses (including reasonable attorney's fees) arising out of or in any connection which may relate to:

• The Subscriber's breach of this Agreement;
• The Subscriber's use or misuse of the Website or Services;
• Any claim that Subscriber Content infringes on the intellectual property rights or other rights of any third party;
• Any claim arising from the Subscriber's reliance on AI-generated or automated analysis provided by the Website.

19. NOTICES

Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail, courier, or email to:

20. SEVERABILITY

In the event any provision of this Agreement is deemed to be invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement, and all other provisions shall remain in full force and effect as valid and enforceable.

21. GOVERNING LAW

This Agreement shall be governed following the laws of Colorado. If the disputes under this Agreement cannot be resolved by arbitration, they shall be resolved by litigation in the courts of Denver, Colorado, including the federal courts therein, and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.

22. CHANGES TO TERMS

The Company reserves the right to modify these Terms and Conditions at any time. Material changes will be communicated to Subscribers via email or prominent notice on the Website. Continued use of the Website after such modifications constitutes acceptance of the updated Terms and Conditions.

23. ENTIRE AGREEMENT

The Parties acknowledge that this Agreement, together with the Privacy Policy, sets forth and represents the complete agreement between both Parties. If the Parties are willing to change, add, or modify any terms, they shall be in writing and signed by both Parties or, in the case of Company modifications, communicated in accordance with Section 22.