Introduction
Welcome to ArtiQ! These Terms and Conditions (“Terms”) govern your use of the ArtiQ application (“App”) as a business owner, artist, designer, or creative professional to sell and promote your services. By signing up and using ArtiQ, you agree to comply with these Terms. If you have any questions, please contact us at info@artiq.ae.
1. Registration and Account
1.1 Sign Up: To use ArtiQ, you must sign up and create an account. Registration and signing up are free of charge. You agree to provide accurate and complete information during the registration process.
1.2 Eligibility and Parental Consent: Business owners, artists, designers, and any other creative professionals under the age of 18 must have parental consent to register and use ArtiQ. By registering, you confirm that you are either 18 years or older or have obtained parental consent if you are under 18.
1.3 Account Verification: After signing up, your account will be verified and activated by ArtiQ. We reserve the right to reject any registration at our discretion.
1.4 Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. ArtiQ will not be liable for any loss or damage arising from your failure to comply with this obligation.
2. Membership Options and Fees
2.1 Free Registration: Registration to the ArtiQ app is free for the first year.
2.2 Basic and Premium Memberships: After one year of free use, you will be required to choose between two membership options:
- Basic Membership: The Basic Membership is free and allows continued access to standard features of the ArtiQ platform, including the ability to upload and sell artworks and craftworks but limited.
- Premium Membership: The Premium Membership is a paid option that offers enhanced benefits such as increased promotional capabilities, additional tools and more visuality. This membership is designed for users who wish to maximize their visibility and access advanced features on the platform.
2.3 Membership Selection and Information: Before the end of your first year on the platform, you will receive an email detailing the benefits and costs associated with both the Basic and Premium Memberships. You will be required to select your preferred membership option at that time.
2.4 Promotion Opportunities: Regardless of whether you choose the Basic or Premium Membership, you will always have the opportunity to promote your business on ArtiQ. However, Premium members will have access to additional promotional tools and opportunities. Artiq always has the right to change the promotional prices.
3. Uploading Artworks and Craftworks
3.1 Image Quality: When uploading pictures of your artworks or craftworks, ensure they are clear, high-quality, and free from watermarks or filters to maintain originality.
3.2 Content Guidelines: All uploaded content must comply with ArtiQ’s content guidelines, which prohibit offensive, illegal, or inappropriate material. Any violation of these guidelines may result in the removal of content or suspension of your account.
4. Pricing, Commission, and Sales
4.1 Pricing: All prices should not be priced higher than the original price on your own platform (website,…). If this occurs, Artiq has the right to remove the products that are listed. All prices submitted must include ArtiQ’s 10% commission. By setting a price, you acknowledge and agree that ArtiQ’s commission is included in the price you list.
4.2 Example Calculation: For instance, if you set a price of AED 500 for an artwork/craftwork/supplies:
- Total Price: AED 500
- ArtiQ Commission (4,95%): AED 24,75
- Service cost (1,1%): 5,50
- Artist/store Receives: AED 469,75
4.3 Delivery Costs: Delivery costs within the UAE must be included in the listing, providing customers with a transparent total cost including shipping.
5. Membership and Upload Limits
5.1 Free Uploads: You can upload up to 5 artworks, craftworks, pictures, workshops,… for free in the first year. Owners of art and craft supplies store will be able to upload 25 products for free in the first year. After the first year the basic and premium membership will be available.
5.2 Membership Requirement: Uploading more than 5 artworks or craftworks requires a membership. Details and fees for the membership will be provided when you reach the upload limit.
6. Shipping and Handling
6.1 Shipping Deadline: All orders must be shipped no later than 5 business days after the sale. Failure to ship within this timeframe may result in penalties or suspension of your account.
6.2 Artist Responsibility: You are responsible for the shipping and handling of your artworks or craftworks. This includes ensuring that items are packed securely and reach the customer in good condition.
7. Payment Schedule
7.1 Payment Timeline: ArtiQ processes payments to sellers twice a month, on the 1st and 16th. Each payment is subject to a seven-day holding period after the order is delivered. This holding period allows the buyer time to review the products and request any necessary adjustments or refunds..
7.2 Shipping Confirmation: You must confirm the shipment of the products within 5 business days of the sale to ensure timely payment.
8. Intellectual Property Rights
8.1 Ownership: All content uploaded by users, including but not limited to artworks, craftworks, and descriptions, remains the intellectual property of the user. However, by uploading content to ArtiQ, you grant us a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content on the App and associated promotional materials.
8.2 Prohibition of Infringement: Users must ensure that all uploaded content does not infringe upon the intellectual property rights of others. Any user found to be violating this rule may have their content removed and their account suspended or terminated.
8.3 Reporting Infringement: If you believe your intellectual property rights have been infringed upon by content on ArtiQ, please contact us at info@artiq.ae with all relevant details for our review and appropriate action.
9. User Conduct
9.1 Prohibited Activities: Users must not engage in any activity that violates UAE laws or these Terms, including fraud, intellectual property infringement, or abusive behavior.
9.2 Account Termination: ArtiQ reserves the right to terminate accounts that violate these Terms or engage in prohibited activities.
10. Liability
10.1 Limited Liability: ArtiQ is not responsible for any loss or damage resulting from the use of the App, including financial losses, data loss, or reputational damage.
10.2 Indemnity: You agree to indemnify and hold ArtiQ harmless from any claims, damages, or expenses arising from your use of the App or violation of these Terms.
11. No-Refund Policy
11.1 Non-Refundable Fees: All fees, including but not limited to membership fees, commissions, and other charges, are non-refundable. By using the app and purchasing any services, you agree that all payments made are final and will not be refunded under any circumstances.
12. Privacy
12.1 Data Collection: ArtiQ collects personal data to provide and improve our services. By using the App, you consent to the collection and use of your data as described in our Privacy Policy.
12.2 Data Protection: ArtiQ is committed to protecting your personal information and complying with applicable data protection laws.
13. Termination of Account
13.1 Termination by ArtiQ: ArtiQ reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a breach of these Terms, inactivity, or any other reason deemed appropriate by ArtiQ.
13.2 Termination by User: You may terminate your account at any time by contacting us at info@artiq.ae. Upon termination, your right to use the App will immediately cease.
13.3 Effect of Termination: Upon termination of your account, all rights granted to you under these Terms will immediately cease. ArtiQ will not be liable to you or any third party for any termination of your access to the App.
14. Disclaimers and Limitations of Liability
14.1 As-Is Service: ArtiQ provides the App on an “as is” and “as available” basis. We do not warrant that the App will be uninterrupted, error-free, or free from viruses or other harmful components.
14.2 Limitation of Liability: To the fullest extent permitted by law, ArtiQ will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the App.
14.3 Cap on Liability: ArtiQ’s total liability to you for any damages arising out of or related to these Terms or your use of the App shall not exceed the amount you have paid ArtiQ in the past twelve months.
15. Governing Law and Dispute Resolution
15.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the United Arab Emirates, specifically the Emirate of Dubai, without regard to its conflict of law principles.
15.2 Dispute Resolution: Any dispute arising out of or in connection with these Terms shall be resolved through negotiation in good faith. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Dubai.
16. Miscellaneous
16.1 Entire Agreement: These Terms, along with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and ArtiQ regarding your use of the App.
16.2 Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
16.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ArtiQ’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without ArtiQ’s prior written consent. ArtiQ may assign these Terms without restriction.
16.5 Force Majeure: ArtiQ shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond ArtiQ’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
17. Marketing and Communication
17.1 Marketing Permissions: By registering on ArtiQ, you agree to receive marketing communications from us, including newsletters, promotions, and special offers related to ArtiQ and third-party partners. You can opt out of receiving these communications at any time by following the unsubscribe link provided in the emails or by adjusting your account settings.
17.2 Use of Your Content for Marketing: By using ArtiQ, you grant us the right to use your uploaded content, including images, descriptions, and other materials, for marketing and promotional purposes on the platform, across our social media channels, and in other marketing materials. This right is granted on a worldwide, non-exclusive, royalty-free basis and continues for the duration of your account with ArtiQ.
17.3 Third-Party Promotions: ArtiQ may include promotions or advertising from third parties on the platform. Your dealings with or participation in promotions of any third-party advertisers found on the platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the third party. ArtiQ is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the platform.
18. User-Generated Content
18.1 Responsibility for Content: You are solely responsible for all content that you upload, post, or otherwise transmit through the ArtiQ platform. This includes ensuring that your content complies with all applicable laws and regulations and does not infringe on the rights of others.
18.2 Content Monitoring: ArtiQ reserves the right, but is not obligated, to monitor and review all content posted by users on the platform. We may remove or disable access to any content that we deem to be in violation of these Terms, or harmful to the platform or its users, without prior notice.
18.3 Content License: By uploading content to ArtiQ, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation of the platform and our business.
18.4 Reporting Violations: If you believe that any content on the ArtiQ platform violates these Terms or your intellectual property rights, you can report such content to us at info@artiq.ae. We will review all complaints and take appropriate action as necessary.
19. Confidentiality
19.1 Confidential Information: During your use of the ArtiQ platform, you may receive access to confidential information, including but not limited to trade secrets, business strategies, and other proprietary information. You agree to keep all such information confidential and not to disclose it to any third party without the prior written consent of ArtiQ.
19.2 Exceptions: The obligation of confidentiality does not apply to information that is or becomes publicly available through no fault of your own, is rightfully received from a third party without restriction, or is independently developed without use of the confidential information.
20. Amendments to the Terms
20.1 Right to Modify: ArtiQ reserves the right to modify or update these Terms at any time, with or without notice. Significant changes to the Terms will be communicated to you via the platform or email. Your continued use of the platform following any changes constitutes your acceptance of the new Terms.
20.2 Review of Terms: It is your responsibility to review these Terms periodically to stay informed of any changes. The latest version of the Terms will always be available on the ArtiQ platform.
21. Security and User Account Responsibilities
21.1 Account Security: You are solely responsible for maintaining the confidentiality of your account information, including your username and password. ArtiQ is not responsible for any unauthorized use of your account due to your failure to maintain account security.
21.2 Two-Factor Authentication: We encourage users to enable two-factor authentication (2FA) to add an additional layer of security to their accounts.
21.3 User Responsibility: You agree to immediately notify ArtiQ of any unauthorized use of your account or any other security breach. ArtiQ will not be liable for any loss or damage arising from your failure to comply with this security obligation.
21.4 ArtiQ’s Security Measures: ArtiQ uses commercially reasonable physical, administrative, and technical safeguards to protect the integrity and security of your personal information and any content you upload. However, no system is entirely secure, and we cannot guarantee the security of our systems.
22. Compliance with Applicable Laws
22.1 Compliance with Local Laws: By using ArtiQ, you agree to comply with all applicable laws and regulations, including those regarding intellectual property, e-commerce, advertising standards, and consumer protection.
22.2 User Obligations: As a business owner, you are responsible for ensuring that your products, services, and activities on ArtiQ comply with all applicable laws. You must ensure that your items are lawfully sold, marketed, and distributed in your jurisdiction and in any region where you intend to sell.
22.3 Legal Compliance by ArtiQ: ArtiQ will also comply with all applicable local, national, and international laws related to e-commerce, intellectual property, and data protection. However, ArtiQ is not responsible for verifying the legal compliance of products or services sold by its users.
23. Indemnification
23.1 Indemnity by Users: You agree to indemnify, defend, and hold harmless ArtiQ, its affiliates, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt (including attorney’s fees) arising from:
- (a) Your use of and access to the App;
- (b) Your violation of any term of these Terms;
- (c) Your violation of any third-party right, including intellectual property rights or privacy rights;
- (d) Any claim that your uploaded content caused damage to a third party.
23.2 Cooperation: You agree to cooperate fully with ArtiQ in the defense of any claims that arise from your use of the App. ArtiQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
24. Limitation of Liability
24.1 Disclaimer of Warranties: The App and its services are provided on an “as is” and “as available” basis. ArtiQ makes no warranties or representations regarding the accuracy or completeness of the content or services provided. You agree that your use of the App and its services is at your own risk.
24.2 Limitation of Liability: To the fullest extent permitted by law, ArtiQ shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, business interruption, or damages for personal or bodily injury arising out of your use of the App, even if ArtiQ has been advised of the possibility of such damages.
24.3 Cap on Liability: In no event shall ArtiQ’s total liability to you for any damages arising from or related to these Terms exceed the amount you have paid to ArtiQ in the past twelve months, if any.
25. Intellectual Property Protection
25.1 User Content: You retain ownership of any intellectual property rights you hold in the content you upload to ArtiQ. However, by uploading content to ArtiQ, you grant us a worldwide, non-exclusive, royalty-free license to use, display, distribute, and reproduce your content for purposes related to the operation of the App and promotional activities.
25.2 ArtiQ’s Intellectual Property: All intellectual property rights in the App, including trademarks, logos, text, images, software, and all other content, are owned by ArtiQ or our licensors. You are not permitted to use any of ArtiQ’s intellectual property without our prior written consent.
25.3 Infringement: Users are prohibited from infringing on the intellectual property rights of others. If you are found to be in violation of any intellectual property laws, your account may be suspended or terminated, and you may face legal action.
26. Confidentiality and Privacy
26.1 Confidential Information: As part of your use of the App, you may receive confidential information, such as business strategies, product roadmaps, or sensitive user information. You agree to keep all such information confidential and not disclose it to any third party without ArtiQ’s prior written consent.
26.2 Privacy Policy: By using ArtiQ, you consent to our collection and use of your personal information as described in our Privacy Policy. Please review the Privacy Policy for more information on how we collect, use, and protect your data.
27. Termination of Services
27.1 ArtiQ’s Right to Terminate: ArtiQ reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms, suspected fraudulent activity, or conduct that harms the platform or its users.
27.2 User’s Right to Terminate: You may terminate your account at any time by contacting us at info@artiq.ae. Upon termination, you will no longer have access to your account, and all licenses granted to ArtiQ for your content will be revoked.
27.3 Effect of Termination: Upon termination, your account and all related information, files, and content will be deleted, except where retention of such data is required for legal or operational purposes.
28. Force Majeure
28.1 Force Majeure Clause: ArtiQ shall not be held liable for any failure to perform its obligations under these Terms if such failure results from causes beyond its reasonable control, including but not limited to acts of God, war, strikes, natural disasters, pandemics, cyberattacks, or government restrictions.
29. Governing Law and Dispute Resolution
29.1 Governing Law: These Terms and your use of the ArtiQ App are governed by the laws of the United Arab Emirates, specifically the Emirate of Dubai, without regard to its conflict of law provisions.
29.2 Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be resolved through good-faith negotiations. If a dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Dubai, UAE.
30. Miscellaneous
30.1 Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severable from the remaining provisions, which will remain in effect.
30.2 Waiver: No waiver by ArtiQ of any breach of these Terms shall be deemed a waiver of any other breach.
30.3 Assignment: You may not assign or transfer these Terms without ArtiQ’s prior written consent. ArtiQ may assign these Terms without restriction.
Contact Information
If you have any questions or concerns about these Terms, please contact us at info@artiq.ae.