Terms of ServiceLast updated: [DATE]
Effective date: [DATE]
These Terms of Service ("Terms", "Agreement") govern your access to and use of the Artistic Ventures platform ("AV", "Platform", "we", "us", "our"), operated by [YOUR LEGAL ENTITY NAME], a company registered under the laws of the Republic of Estonia, registration number [NUMBER], with its registered address at [ADDRESS].
By creating an account, accessing, or using the Platform, you ("User", "you", "your") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not use the Platform.1. DEFINITIONS1.1. "Artist" (also "Seller") — a registered User who offers creative services, publishes artwork in their Portfolio, creates Shop Items, and fulfills Orders on the Platform.
1.2. "Client" (also "Buyer", "Commissioner") — a registered User who browses, commissions, and pays for creative services from Artists.
1.3. "Order" — a commission agreement between an Artist and a Client, initiated through the Platform's messaging system, governed by Artist-defined parameters (price, deadline, checkpoints, terms).
1.4. "Checkpoint" (also "Milestone", "Step") — a discrete stage of an Order at which the Artist delivers work for the Client's review. Each Checkpoint has an associated price, deadline, and set of permitted actions.
1.5. "Shop Item" (also "Listing", "Preset") — a predefined service offering created by an Artist, specifying pricing structure, number of Checkpoints, deadlines, revision policies, and optional contractual terms.
1.6. "Portfolio" — a collection of artwork uploaded by an Artist to their profile for public or restricted display.
1.7. "Post" — user-generated content (artwork, text, tags) published on the Platform's feed.
1.8. "Reputation Score" — a numerical value assigned to each User, reflecting their reliability and conduct on the Platform, adjusted based on Order outcomes.
1.9. "Escrow" — the mechanism by which the Platform holds Client payment funds on behalf of the transaction until the conditions for release are met.
1.10. "Platform Commission" — the fee retained by AV from each completed transaction, currently set at five percent (5%) of the total Order price.
1.11. "Terms Presets" — optional contractual agreements (e.g., Commercial License, NDA, Exclusive Usage Rights, Attribution Waiver, Portfolio Retention Rights) that an Artist may attach to a Shop Item, which become binding upon Order initiation and payment.
4. ORDERS AND THE CHECKPOINT SYSTEM4.1. Order Initiation
(a) A Client may initiate an Order by selecting an Artist's Shop Item and sending a commission request through the Platform's messaging system.
(b) The Artist may accept, decline, or propose modified conditions (including price adjustments) before the Order is confirmed.
(c) An Order is considered confirmed and binding once both parties agree on the conditions and the Client submits payment.
4.2. Checkpoint Workflow
(a) Each Order consists of one or more Checkpoints, as defined by the Artist in the Shop Item.
(b) Each Checkpoint has a designated price, deadline, and scope of work.
(c) Upon starting a Checkpoint, the Artist works on the designated deliverable and submits it to the Client for review through the Platform's private messaging system.
(d) All communications, file transfers, and deliverables exchanged within an Order are visible only to the Artist and Client involved in that Order.
4.3. Client Actions on Submitted Checkpoint
Upon receiving a submitted Checkpoint, the Client may:
(a) APPROVE the Checkpoint — the work is accepted, payment for that Checkpoint is released to the Artist (minus Platform Commission), and the Order progresses to the next Checkpoint or to completion if it was the final Checkpoint;
(b) REQUEST REVISION — the Client asks the Artist to adjust or correct specific aspects of the deliverable, subject to the revision policy defined in the Shop Item;
(c) REQUEST ADD-ON — the Client requests additional work to be incorporated into the current Checkpoint, subject to the Artist's approval and additional pricing;
(d) REJECT the Checkpoint — this action terminates the Order. The Artist receives payment for the submitted Checkpoint (as the work was delivered), and no further Checkpoints are processed. Remaining escrowed funds for future Checkpoints are refunded to the Client;
(e) REQUEST MANUAL CHECK — the Client may request a manual review by Platform support in cases of dispute.
4.4. Deadlines
(a) Each Checkpoint has a deadline set by the Artist at the time of creating the Shop Item. The deadline begins counting from the moment the Checkpoint is started.
(b) If the Artist fails to submit the Checkpoint deliverable before the deadline expires, the Client has the right to request a FULL REFUND of all escrowed funds for that Order, regardless of how much work the Artist has completed up to that point.
(c) A deadline breach by the Artist may result in a negative adjustment to the Artist's Reputation Score (see Section 8).
(d) Rush orders (expedited deadlines) may be available at additional cost, as configured by the Artist.
4.5. Order Completion
(a) An Order is considered successfully completed when all Checkpoints have been approved by the Client.
(b) Upon successful completion, both the Artist and the Client receive a positive Reputation Score adjustment.
(c) After completion, the Client may optionally leave a voluntary tip (gratuity) for the Artist as an expression of satisfaction. Tips are entirely at the Client's discretion and are non-refundable.
4.6. Order Abortion
(a) Either party may request to abort an Order under certain circumstances.
(b) If the Client aborts or rejects a Checkpoint mid-Order without the Artist being in breach of deadline or agreed-upon conditions, the Client's Reputation Score may be negatively affected (see Section 8).
(c) Funds for completed and approved Checkpoints are non-refundable. Funds for unstarted Checkpoints are returned to the Client.
7. INTELLECTUAL PROPERTY7.1. Ownership of Artwork
(a) All artwork created by an Artist remains the intellectual property of the Artist unless explicitly transferred or licensed through a Terms Preset (e.g., Commercial License, Exclusive Usage Rights) attached to the Order.
(b) The scope, duration, and conditions of any license or rights transfer are governed solely by the applicable Terms Preset agreed upon between the Artist and Client.
(c) AV does not claim any ownership rights over any artwork uploaded, created, or exchanged on the Platform.
7.2. License to AV
(a) By uploading content to the Platform (including but not limited to Portfolio images, Posts, and Shop Item previews), the User grants AV a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, and distribute such content solely for the purposes of operating, promoting, and improving the Platform.
(b) This license does not transfer ownership and terminates upon deletion of the content from the Platform, except where such content has been shared with or acquired by other Users through the Platform's intended functionality.
7.3. Portfolio and Public Content
(a) Artists upload artwork to their Portfolio and publish Posts at their own risk and discretion.
(b) By making content publicly accessible on the Platform, the Artist acknowledges that such content may be viewed by any visitor to the Platform and that AV cannot prevent third parties from taking screenshots, screen recordings, or otherwise capturing publicly displayed content.
(c) AV is NOT responsible for any unauthorized use, reproduction, or distribution of publicly displayed artwork by third parties.
(d) AV does not monitor, control, or assume liability for the actions of third-party users or visitors regarding content displayed on the Platform.
7.4. Order Deliverables
(a) All deliverables, files, and communications exchanged within an Order are private and visible only to the Artist and Client involved.
(b) Neither party shall share, publish, or distribute Order deliverables without the other party's consent, unless such sharing is permitted under the applicable Terms Preset.
(c) AV does not access, review, or use Order deliverables except when necessary for dispute resolution or in response to a valid legal request.
7.5. DMCA and Copyright Infringement
(a) AV respects the intellectual property rights of others and expects Users to do the same.
(b) If you believe that content on the Platform infringes your copyright, you may submit a takedown notice to [COPYRIGHT_EMAIL].
(c) AV will process valid takedown requests in accordance with the Digital Millennium Copyright Act (DMCA) and applicable EU copyright directives.
(d) Repeat infringers may have their accounts suspended or permanently terminated.
7.6. User-Generated Content Responsibility
(a) Users are solely responsible for the content they upload, publish, or transmit through the Platform.
(b) Users represent and warrant that they own or have the necessary rights, licenses, and permissions to all content they make available on the Platform.
(c) AV reserves the right to remove any content that violates these Terms, applicable laws, or the rights of third parties, without prior notice.