Terms of Service

1. Introduction

Welcome to Artfolio. These Terms of Service (“Terms”) govern your access to and use of the Artfolio platform, website, and services (collectively, the “Service”) operated by MANUAL 2 AI PRIVATE LIMITED (“Artfolio,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Definitions

• “Account” means a unique account created for you to access our Service or parts of our Service.
• “Gallery” refers to the organizational workspace within the platform, which may represent a physical gallery, studio, or collection.
• “Content” refers to artwork images, metadata, text, descriptions, documents, and any other material uploaded to or created within the Service.
• “Subscription” refers to the paid plan that provides access to the Service features according to the selected tier (Solo, Professional, Gallery, or Enterprise).
• “Viewing Room” refers to the online gallery pages created through the Service for public or private display of artworks.
• “Team Member” refers to any user invited to a Gallery workspace with assigned roles and permissions.

3. Account Terms

To use the Service, you must create an Account. When you create an Account, you agree to the following:

• You must be at least 18 years of age or the legal age of majority in your jurisdiction to use the Service.
• You must provide accurate, complete, and current information during the registration process and keep your Account information up to date.
• You are responsible for safeguarding the password that you use to access the Service and for all activities or actions under your Account.
• You must not share your Account credentials with third parties. The Account owner is responsible for all activity conducted through the Account, including activity by Team Members.
• You must promptly notify Artfolio of any unauthorized use of your Account or any other breach of security.
• One person or legal entity may not maintain more than one free Account.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload, post, or transmit any Content that infringes upon the intellectual property rights of any third party, including but not limited to copyrights, trademarks, and trade secrets.
• Use the Service to distribute malware, viruses, or any other harmful software or code.
• Attempt to gain unauthorized access to any portion of the Service, other Accounts, computer systems, or networks connected to the Service.
• Use the Service to store or transmit content depicting illegal activity, or content that violates any applicable local, state, national, or international law.
• Use the platform to create fraudulent artwork listings, misrepresent provenance, or engage in art fraud of any kind.
• Scrape, data mine, or use automated means to access the Service or collect data without our express written permission.
• Use the AI artwork analysis features to generate or facilitate the creation of counterfeit or misleading artwork descriptions.
• Resell, redistribute, or sublicense the Service or any data obtained through the Service without our express written permission.

5. Intellectual Property

5.1 Your Content

You retain all rights to your Content. By uploading Content to the Service, you grant Artfolio a limited, non-exclusive, worldwide license to store, display, and process your Content solely for the purpose of providing the Service to you. This includes displaying artworks in Viewing Rooms you create and processing images through our AI analysis features.

5.2 Our Platform

The Service, including its original content (excluding Content provided by users), features, and functionality, is and will remain the exclusive property of Artfolio and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

5.3 AI-Generated Content

Analysis results, tags, descriptions, and other outputs generated by our AI features are provided as suggestions only. You are responsible for reviewing and approving any AI-generated content before use. Artfolio does not claim ownership of AI-generated analysis results applied to your Content.

6. Payment Terms

• The Service is offered on a subscription basis. You will be billed in advance on a recurring monthly or annual basis, depending on the billing cycle you select at the time of purchase.
• Free trial periods, if offered, allow you to evaluate the Service before committing to a paid subscription. You will not be charged during the trial period unless you voluntarily upgrade to a paid plan.
• Subscription fees are non-refundable except as required by applicable law. Partial-month or partial-year subscriptions will not be prorated upon cancellation.
• Artfolio reserves the right to change subscription fees upon thirty (30) days' advance notice. Fee changes will take effect at the start of the next billing cycle following the notice.
• If payment fails or your account becomes past due, we may suspend access to the Service until payment is received. Your data will be retained for a minimum of thirty (30) days following suspension.
• You are responsible for any applicable taxes associated with your subscription. Prices listed do not include taxes unless otherwise stated.

7. Data & Privacy

Your privacy is important to us. Our collection, use, and storage of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that artwork images processed through our AI analysis feature may be transmitted to third-party AI providers for processing. We do not use your Content to train AI models. Please refer to our Privacy Policy for detailed information on how we handle your data.

You are responsible for ensuring that any personal data you upload to the Service (such as collector contact information) is collected and processed in compliance with applicable data protection laws.

8. Service Level

Artfolio strives to maintain high availability of the Service. While we target 99.9% uptime, we do not guarantee uninterrupted or error-free operation. Planned maintenance windows will be communicated in advance whenever possible.

The Service is provided on an “as is” and “as available” basis. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

Enterprise plan subscribers may be eligible for a Service Level Agreement (SLA) with specific uptime guarantees and remedies. Contact our sales team for details.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Artfolio, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the Service.
• Any conduct or Content of any third party on the Service.
• Unauthorized access, use, or alteration of your transmissions or Content.
• Any errors, inaccuracies, or omissions in AI-generated artwork analysis, tags, or descriptions.
• Loss or corruption of artwork images, metadata, or other data stored within the Service.

In no event shall Artfolio's total liability to you for all claims arising out of or relating to the use of the Service exceed the amount you have paid to Artfolio in the twelve (12) months preceding the claim, or one hundred U.S. dollars ($100), whichever is greater.

10. Termination

You may terminate your Account at any time by contacting us or using the account settings within the Service. Upon termination:

• Your right to access and use the Service will cease immediately at the end of your current billing period.
• We will retain your data for thirty (30) days following termination, during which time you may request an export of your data. After this retention period, your data will be permanently deleted.
• Any Viewing Rooms associated with your Account will be deactivated upon termination.

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. We may also terminate or suspend your access if you fail to pay subscription fees when due.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will notify you of changes by posting the updated Terms on this page, updating the “Last updated” date, and sending a notification to the email address associated with your Account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

12. 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 disputes arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration in accordance with the rules of the American Arbitration Association, or file a claim in a court of competent jurisdiction in the State of Delaware.

Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief in any court of competent jurisdiction for matters related to intellectual property rights or unauthorized access to the Service.

13. Contact Information

If you have any questions about these Terms, please contact us: