TERMS AND CONDITIONS OF USE
IMBUED — Website and Applications for iOS and Android
Version 2.0 — 13 November 2026 — In force from the date of publication in the App
These Terms and Conditions of Use (the “Terms”) govern access to and use of the service called “IMBUED” (the “Service”), provided by Alobar Ltd, a company incorporated in England and Wales with company number 13594126 and registered office at 9 Sandys Row, London, England, E1 7HW, United Kingdom (the “Provider”, “IMBUED”, “we” or “us”). The Service is offered through the IMBUED application for iOS, distributed through the Apple App Store, the IMBUED application for Android, distributed through Google Play, and the web application and website available at imbued.art and its sub-domains, including web.imbued.art (together, the “App”). These Terms apply in the same way on every platform.
These Terms are made up of three parts and two schedules:
- Part A — General Terms, which apply to every User and to every use of the App;
- Part B — Physical Marketplace Terms, which apply in addition when a User buys or sells a physical item through the App;
- Part C — One&Only Terms, which apply in addition when a User buys, holds or sells a One&Only through the App;
- Schedule 1 — Fees, which lists the fees charged by the Provider; third-party costs, such as shipping and return labels, are shown in the App before payment;
- Schedule 2 — Specific approval of clauses.
The Authentichain of a One&Only is also governed by the One&Only Authentichain Agreement, which the User accepts separately before each Authentichain. The Privacy Policy explains how personal data is processed, and the Community Guidelines set out the rules of behaviour on the App. All of these documents are available in the App at any time.
KEY POINTS — A SUMMARY THAT DOES NOT REPLACE THE FULL TEXT
- Who we are. IMBUED is operated by Alobar Ltd (London). Contact: info@imbued.art.
- Age. You must be at least 13 to register. Buying, selling, Authentichain One&Only and receiving payouts are reserved to users aged 18 or over.
- Your content stays yours. You keep the rights in what you publish and give IMBUED the licence it needs to run and promote the App (clause 10).
- Others' works. You may publish images of works by others only for personal, non-commercial and study purposes, and you may create a COVER only where the original author allows it (clause 11).
- The marketplace is between users. Each sale of a physical item is a contract between the buyer and the seller, who must be a private individual. IMBUED provides the platform, collects the price on the seller's behalf through Stripe and releases it when the order is completed (Part B).
- Buyer Protection. Buyers of physical items pay a Buyer Protection fee and have 48 hours from delivery or, for pick-up points, from collection to check the item and confirm it or report a problem. Sellers pay no commission on physical items (Part B and Schedule 1).
- Shipping. Shipments are arranged through Shippo and the carriers it offers, and through Mail Boxes Etc. for special or high-value shipments. For international shipments, import duties and taxes are paid by the buyer on delivery, and each order is in the currency of the country from which the item is shipped.
- One&Only. Authentichain costs EUR 1.50, network costs included. One&Only are held in a Collection managed by IMBUED and cannot be moved outside the App. When a One&Only sells, IMBUED keeps 5% of the price. If you delete your account you lose your One&Only (Part C).
- Not an investment. Nothing in the App is financial, investment, legal or tax advice.
- Law. Italian law applies, without prejudice to the mandatory rights of consumers under the law of their country of residence. Consumers may bring disputes before the courts of their place of residence; for other users, disputes go to mediation and then to the Court of Rome (clause 27).
PART A — GENERAL TERMS
1. The agreement
1.1These Terms, together with the Privacy Policy, the Community Guidelines and, where applicable, the One&Only Authentichain Agreement, form the entire agreement between the Provider and each User concerning the Service (the “Agreement”).
1.2The Agreement is concluded when the User, on the registration form, taps or clicks the button that continues registration (currently “Next”), displayed together with the statement that by continuing the User accepts these Terms and confirms having read the Privacy Policy and with the links to both documents. A Guest User is bound by these Terms, as far as they apply to Guest Mode, by the mere fact of entering and using Guest Mode; these Terms and the Privacy Policy are available from the Guest Mode entry screen and at any time in the App.
1.3The Provider records the date and time, the version of these Terms accepted, the platform used and the technical data (IP address and identifier of the application or browser used) of each acceptance, and keeps a copy of every version of these Terms. The User may obtain the date, version and platform of their acceptances in the data download available in the App. The version in force is always available in the App and may also be requested at info@imbued.art. The records kept by the Provider constitute evidence of the acceptance, unless proven otherwise.
1.4These Terms govern only the relationship between the Provider and the User. They do not govern the relationship between the User and Apple, Google or any other store from which the App is downloaded, which is subject to that store's own terms, without prejudice to clause 19.
1.5In the event of conflict: (i) Part B and Part C prevail over Part A for the matters they govern; (ii) the One&Only Authentichain Agreement prevails over Part C for everything concerning the Authentichain of a One&Only; (iii) the specific information shown in the App for a given transaction (amounts, deadlines, instructions) prevails over general descriptions, except in the case of manifest error or where mandatory law provides otherwise; (iv) where a Sale of a physical Item is concluded between Users, IMBUED acts only as provider of the platform services described in these Terms and is not, solely by reason of those services, a party to that Sale, without prejudice to its own obligations expressly set out in these Terms.
2. Definitions
In these Terms, the following capitalised terms have the meaning set out below. Further definitions specific to the marketplace and to One&Only are set out in Parts B and C.
“Account” means the personal account registered by a User in the App, and each additional profile linked to it.
“Artwork” means any content published by a User in the App, including images, videos, drawings, texts, descriptions and the related information sheet, whether created with the App's tools or uploaded.
“COVER” means an Artwork created by a User as a reinterpretation of, or visual narrative inspired by, an Artwork published by another User (the “Original Author”).
“Community Guidelines” means the rules of behaviour published in the App, which form part of the Agreement.
“Consumer” means a natural person acting for purposes outside their trade, business, craft or profession.
“Guest User” means a person who uses the App in Guest Mode without an Account.
“Institutional Content” means images and information about works held by museums, galleries, archives, collections or other institutions, imported into the App from public sources or provided by the institutions themselves.
“One&Only” means a non-fungible token recorded on a blockchain and associated with an Artwork, as further defined in Part C.
“Payment Provider” means the payment service provider used by the Provider, currently Stripe (as described in clause 18).
“Personal Data” has the meaning given in the UK GDPR and in Regulation (EU) 2016/679 (“GDPR”).
“User” means any person who uses the App, whether registered or as a Guest User; “Registered User” means a User holding an Account.
“User Content” means any content a User uploads, publishes, sends or otherwise makes available through the App, including Artworks, COVERs, comments, messages, voice messages, listings, photographs, documents and reports.
3. The Service
3.1IMBUED is a social platform dedicated to visual art and creativity. Depending on the platform and on the version of the App, the Service allows Users to:
(a) create a personal profile, which the Provider may designate as an artist profile, or manage a museum or gallery profile created or verified by the Provider, and link several profiles to the same person;
(b) explore Artworks and Institutional Content organised by museum, artist, category, place or emotion, search them, and view them on a map;
(c) create, edit and publish Artworks, including with the App's drawing, photo and video editors, save drafts, import brushes and files, export their works in several formats, record timelapses of their creative process, and synchronise their editor projects across devices;
(d) create collections and boards, create COVERs, comment, react with one of the App's emotions (“WOW”), highlight (“spotlight”) their own Artworks at the top of their profile, follow other Users (“Lovers”), tag and mention other Users and manage the tags in which they appear, share Artworks and profiles inside and outside the App, control who may comment on their Artworks, disable comments, block specific Users from commenting (their new comments then remain visible only to them) and hide comments on their own Artworks, and invite friends to join;
(e) share brushes and other creative resources with the community and use those shared by others;
(f) communicate with other Users through messages, group conversations, voice messages and audio and video calls;
(g) have content translated automatically into another language;
(h) be included by the Provider in research groups of the IMBUED research project and receive its communications, their data being used for research only while “Scientific research” is switched on in the Account Centre;
(i) buy and sell physical items through the physical marketplace (Part B);
(j) Authentichain, buy and sell One&Only associated with Artworks (Part C and the One&Only Authentichain Agreement);
(k) use paid features, where offered (clause 17).
3.2Some features may be available only on certain platforms, in certain countries or to certain categories of Users, and may be introduced, modified, limited or withdrawn over time for technical, operational, legal or security reasons. Where a change removes a feature that a User has paid for, clause 17 applies.
3.3The App contains no advertising. The Provider advertises the App on third-party platforms and measures the results of those campaigns as described in the Privacy Policy; on iOS, the advertising identifier of the device is used for that purpose only if the User allows it.
3.4Feeds and recommendations. The content shown in the home feed, in Explore and in the emotion feeds is selected and ordered automatically. The main parameters currently used are the following: in the home feed, content from the accounts the User follows is shown starting from the most recent, with no more than two consecutive works by the same artist; at regular intervals, which depend on the number of accounts the User follows, the home feed also shows works by accounts the User does not follow, labelled "Suggested for you" together with the reason for the suggestion, and currently selected, in turn, among: works in the techniques the User chose in the onboarding questionnaire, and works by users who, in the answers they show on their profile, chose the same techniques, artistic movements or themes; the works that received the most emotions in the App in the previous seven days; and works by artists who joined IMBUED in the previous thirty days; with no more than one work per artist and never from accounts the User has blocked or that have blocked the User; where the User follows no account, or has already seen the recent content of the accounts they follow, the home feed shows only these suggestions; Explore shows content in a random order, generated for each session, which alternates between artists so that no single account dominates, a share of the positions (currently two in every ten) being reserved, in rotation, for Institutional Content and for profiles curated by the Provider; the emotion feeds show the Artworks that received the emotion chosen by the User. All feeds take account of the levels of art the User chooses to see (Art, Creative or Plain), each Artwork being labelled with a level by its author, except that the Artworks of artist and institutional accounts are always labelled Art; they exclude duplicate or near-identical images and content the User has hidden or blocked, and may include Institutional Content and content of virtual artists. The Provider may also exclude, or show less often, content of accounts that it has restricted under clause 14.4 or excluded from the feeds for reasons of quality, duplication or integrity of the Service. The User can influence these parameters through the filters and settings available in the App, and can always browse content by profile, place or search instead of the feeds. The Provider may modify the parameters at any time, and will make available in the App, in a clear and easily accessible form, the main parameters determining the ranking of offers and content where required by applicable law.
3.5Non-commercial purposes. The sharing, cover, study and research functions of the App are provided for cultural, educational and scientific research purposes, without any purpose of profit. The Physical Marketplace concerns only physical Items owned by the Seller, and the One&Only functions are available only for Artworks of which the User is the author or for which the User holds all the rights and authorisations necessary for their Authentichain and sale. Images of works of others, Institutional Content and images of cultural goods referred to in clause 11.8 may never be sold, Authentichained as One&Only or otherwise used for commercial purposes through the App, save as expressly provided in clauses 11.1 and 11.8.
4. Guest Mode
4.1The Provider may allow access to limited areas of the App without registration (“Guest Mode”). In Guest Mode, Guest Users may currently browse Explore, Search, the map and the emotion feeds, view single Artworks and the public profiles and works of museums, galleries and other institutions, Institutional Content imported from public sources, historical artists whose profiles were created by the Provider, including profiles created by the Provider that have subsequently been claimed, and virtual artists. Profiles and content of other Registered Users are not shown in Guest Mode. On the web version, a person without an Account who opens a link to content available in Guest Mode may be admitted to Guest Mode directly.
4.2Guest Users may not create, upload, publish, edit, save or share content; view Artworks, COVERs or collections published by Registered Users, except where the App shows them in Guest Mode; comment, react, follow, contact or message other Users; or buy, sell, Authentichain or otherwise interact with physical items or One&Only.
4.3In Guest Mode the Provider does not ask for identification data, contact details or profile information, and processes only the technical information strictly necessary to provide the guest session and to keep the App secure, as described in the Privacy Policy. That information is not used for profiling, marketing or scientific research, and is not associated with any Account the Guest User may later create, except that: (a) the advertising measurement described in the Privacy Policy starts when the App is first opened, including in Guest Mode; (b) where the App was installed or opened through one of the Provider’s links, the code of that link is associated with the Account if one is created; and (c) the Provider counts certain actions taken in Guest Mode only as anonymous totals, without any identifier of the person, the device or the session.
4.4The scope of Guest Mode is determined by the Provider and may be modified, limited or withdrawn at any time.
5. Eligibility and minors
5.1To register, a person must be at least 13 years old. Registration is not permitted below that age, and the App checks age on the basis of the date of birth provided at registration.
5.2Users under 18 may use the App only under the supervision and responsibility of a parent or legal guardian, who undertakes to monitor its appropriate use and is responsible for the activities the minor carries out in the App.
5.3The following features are reserved to Users who are at least 18 years old and have full legal capacity: buying and selling on the physical marketplace, offering Item Verification, Authentichain, buying and selling One&Only, and connecting a payout account with the Payment Provider. Using any of them constitutes a declaration by the User that this condition is met. Accounts of museums, galleries and other entities created or verified by the Provider may use these features only through natural persons who meet the same condition and are authorised to act for the entity under clause 5.5.
5.4The Provider may at any time ask for proof of age and suspend or close an Account if the proof is not provided, if the information given is untrue, or if the Account is used in breach of this clause. If the Provider becomes aware that a person below the minimum age has registered, it closes the Account and deletes the related data, as described in the Privacy Policy.
5.5A User who registers or acts on behalf of a museum, gallery, company or other entity warrants that they are authorised to bind it. In that case the entity is also bound by these Terms, and the provisions intended only for Consumers do not apply to it.
6. Registration and Account
6.1To register, the User provides a username, an email address, a date of birth and a password, and may later add further information to the profile (such as a name, biography, profile picture, links, a location and professional contact details). The User undertakes to provide true, accurate and complete information and to keep it up to date.
6.2The User must not impersonate any person or entity, use a name or image they are not entitled to use, or give misleading information about their identity, their affiliation or their status as an artist or institution.
6.3The Provider may create profiles for museums, galleries, institutions or artists using Institutional Content or public information. The person or entity concerned may request to take over (“claim”) such a profile through the procedure available in the App. The Provider verifies each request and may refuse it where the right to the profile is not demonstrated.
6.4Some profiles may be operated, in whole or in part, by automated systems or virtual agents. The Provider may label them as such and remains responsible for the profiles it operates.
6.5Access credentials are personal and confidential. The User must keep them secret, must not share them and must not allow third parties to use the Account. Any activity carried out through the Account is deemed to have been carried out by the User, unless the User has promptly informed the Provider of unauthorised use. The User must notify the Provider without delay at info@imbued.art of any loss or suspected misuse of their credentials.
6.6The Provider may suspend or deactivate an Account where the information provided is false, inaccurate or incomplete, in accordance with clause 15.
6.7The Provider may at any time correct, complete, merge, re-attribute or remove content and information of profiles that it has created or operates under clauses 6.3 and 6.4, including before or after a claim. The Provider may also modify or remove the content of other Users where permitted by clauses 10.2 and 14.4, at the User's request, or where required by law.
7. Account security and two-factor authentication
7.1The User may protect their Account with two-factor authentication (“2FA”), receiving one-time codes by email or, depending on the platform, by SMS (in the iOS and Android applications) or through an authenticator app (in the web version), and may see and close active sessions. By default, the User receives an email when the Account is accessed from a new device, and may turn these alerts off in the Account settings. On the web version the User may choose to save their login information in a browser, at their own risk. The Provider may introduce, modify or withdraw security measures and will inform Users of them where they affect the use of the Account.
7.2SMS messages are sent to the telephone number associated with the Account only: (a) to verify that number when the User adds or changes it in the App; (b) where the User enables SMS verification, to deliver one-time codes for login; and (c) where the App so provides, to deliver codes to recover access to the Account. Other security communications, such as login alerts, are sent by email. These messages are service and security communications, not marketing. Their frequency depends only on the User's activity and on security events. Standard message and data rates of the User's mobile operator may apply.
7.3The User may stop SMS communications at any time by removing the telephone number or disabling SMS verification in the Account settings of the App. Doing so disables SMS-based 2FA and, where SMS is the only additional verification method, may require an identity verification procedure to regain access. The Provider is not liable for any reduction in security or limitation of access that results from that choice, nor for the effects of opt-out requests sent by the User directly to their mobile operator or to the SMS delivery provider.
8. Communications
8.1The User agrees that communications concerning the Account, the Service, orders, payments, shipments, refunds, disputes, One&Only, security and the contractual relationship may be sent electronically, by email to the address associated with the Account, by in-app notification, by push notification or by message in the App.
8.2Service and transactional communications are sent without the need for marketing consent, because they are necessary to perform the Agreement or to comply with the law. Promotional communications are sent only in accordance with applicable law and with the User's consent, which the User may give or withdraw at any time in the Account settings (“Promotional emails”, disabled by default) and, where present, through the unsubscribe link contained in each message.
8.3The User is responsible for keeping their email address up to date and for checking communications received through the App. Notification preferences, including quiet hours, do not suspend the deadlines that run in the marketplace or for One&Only, which remain visible in the App. Where a deadline has material consequences for a User’s rights or remedies under Part B or Part C, the App will display that deadline in the relevant transaction flow in a manner reasonably designed to make it noticeable before expiry.
8.4Push notifications are a courtesy and are not guaranteed. The Provider may defer, group or not send informational notifications, including at night in the User's time zone. Notifications concerning deadlines, payments, refunds, One&Only operations and incoming calls may be delivered notwithstanding quiet hours, and incoming calls may ring on iOS devices even where notifications are paused. Communications that must be given under these Terms are also made available in the App or by email.
9. Rules of conduct
9.1The User undertakes to use the App in accordance with these Terms, the Community Guidelines and applicable law. In particular, the User must not:
(a) upload, publish, send or make available content that infringes copyright, related rights, trademarks, design rights, image rights, moral rights, privacy or any other right of third parties;
(b) publish content that is unlawful, defamatory, threatening, harassing, hateful, discriminatory, violent, pornographic or that sexualises minors, or that otherwise breaches the Community Guidelines;
(c) use the App for fraud, money laundering, the financing of illegal activities, or to evade taxes, sanctions or the law;
(d) use the App for advertising, commercial or promotional purposes not permitted by these Terms, or send unsolicited communications;
(e) introduce viruses, malware or harmful code, interfere with the functioning or security of the App, or attempt to access restricted areas, other Users' Accounts or the Provider's systems without authorisation;
(f) use bots, scrapers, crawlers or other automated tools to access, extract, index or monitor the App or its content, or to create Accounts or content in bulk, except through interfaces expressly made available by the Provider;
(g) copy, frame or embed the App or its content in other services, except through the sharing functions made available in the App;
(h) circumvent, disable or interfere with security features, geographic restrictions, usage limits or anti-abuse measures, including through VPNs or proxies used for that purpose;
(i) manipulate reactions, followers, reports, rankings, prices, orders or any other data of the App;
(j) move a transaction started in the App outside the App in order to avoid the fees or protections of the marketplace.
9.2Serious or repeated breach of this clause 9 constitutes a material breach of the Agreement.
10. User Content
10.1The User retains all rights they hold in their User Content. The Provider does not acquire ownership of it.
10.2By publishing or sending User Content through the App, the User grants the Provider a worldwide, non-exclusive, royalty-free, transferable and sub-licensable licence to host, store, reproduce, adapt (including by resizing, compressing, cropping or translating), publish, communicate to the public and display that User Content, by any means and on any medium, for the purposes of operating, providing, improving, securing and promoting the App and the Service, including on the Provider's social media channels and in its promotional materials, and to permit the technical processing of that User Content by the Provider’s hosting, delivery, messaging, moderation, security, analytics and infrastructure providers strictly to the extent necessary for those purposes.
10.3The licence lasts for as long as the User Content remains in the App. When the User removes it or deletes the Account, the Provider stops making new uses of it within a reasonable time, but may continue to use materials already created or published (for example promotional materials), copies held in backups for the period stated in the Privacy Policy, copies shared by other Users (for example in their collections, COVERs or conversations), and copies retained to comply with the law or to establish, exercise or defend legal claims. The licences granted for Authentichained One&Only are governed by the One&Only Authentichain Agreement.
10.4The User represents and warrants that they hold all the rights, licences and permissions necessary to publish their User Content and to grant the licence in clause 10.2, including the consent of any person who is identifiable in it, and that its publication does not infringe the rights of third parties or the law.
10.5The User is solely responsible for their User Content. The Provider does not carry out general monitoring of User Content before it is published.
10.6The licence in clause 10.2 includes the display of User Content as previews, in feeds, search results, place pages, other Users' collections and boards, and conversations in which it is sent or shared.
10.7Shared creative resources. When a User shares brushes, palettes or other creative resources with the community, they grant every other User a worldwide, non-exclusive, royalty-free and non-transferable licence to download them and use them to create their own works, in and outside the App. Works created with them belong to the Users who create them. The User warrants that they have the right to share those resources, including resources imported from third-party files.
10.8Music, fonts and third-party material. The User must hold the rights to any music, sound, font, image or other third-party material they use in their works, including in videos, voice-overs, subtitles and timelapses, and in works they share outside the App.
10.9Projects synchronised across devices. Where the User synchronises their editor projects, the Provider stores them on its servers only to make them available on the User's devices. Unpublished projects are not visible to other Users and are not used for any other purpose. In the iOS and Android applications projects are synchronised automatically. In the web version, drawing projects are stored in the browser and synchronised to the Account only when the User chooses to do so, while video projects are kept only in the browser; projects kept only in the browser are lost if the browser data is deleted, and the Provider is not liable for their loss.
11. Works of others, Institutional Content and COVERs
11.1The User may upload images of works created by others, or rework images available in the App, only for personal, private, study or research purposes and not for commercial, advertising or promotional purposes, unless authorised by the rightholder. The User must credit the author and the source of the original work, where known, and must respect the moral rights of authors and the integrity and reputation of the works, of their authors and of the institutions that hold them.
11.2Institutional Content is made available for consultation and study. It may be reproduced or reworked only within the limits of the licences under which it is published, which may vary from one institution to another, and may never be Authentichained as a One&Only or sold through the marketplace. Unless a different licence is indicated in the App for specific content, a museum, gallery or other institution that uploads images through its own profile grants Registered Users a free, non-exclusive and non-transferable licence to use and creatively rework those images within the App, exclusively for personal, educational and non-commercial purposes, and represents that it holds the right to make the images available and that their reproduction and publication comply with copyright law and with Article 108(3-bis) of the Italian Code of Cultural Heritage (Legislative Decree No. 42/2004). Images of archival goods subject to restrictions on consultation under Articles 122 et seq. of that Code may not be uploaded or shared in the App.
11.3The Original Author decides, for each of their Artworks, whether other Users may create COVERs of it (allowed, allowed after contacting the author first, or not allowed) and whether a One&Only may be Authentichained from a COVER of it. The User who creates a COVER must comply with the setting chosen by the Original Author. Where the Original Author has chosen to be contacted first, the App opens a conversation with them and notifies them of each COVER, and the User must obtain the Original Author's agreement before publishing the COVER. The settings preset in the App when the Artwork is published apply unless the Original Author changes them; One&Only of COVERs are not allowed unless the Original Author enables them. Artworks published before 22 September 2026 may be the subject of COVERs regardless of any setting, without prejudice to clause 11.4 and to the Original Author's right to report the COVER. A COVER is credited to the Original Author in the App; if the original Artwork is deleted, the COVER may remain but loses the credit. For the avoidance of doubt, any permission set within the App operates only within the technical environment of the App and does not amount to a representation by the Provider or by the Original Author that all rights necessary under applicable copyright, moral rights or other laws have been cleared outside the App.
11.4The settings described in clause 11.3 are technical permissions within the App. They do not constitute a representation by the Provider that a COVER is lawful, and they do not relieve the User who creates it of their obligations under clauses 9 and 10, which apply to the COVER and to every element of the original Artwork incorporated in it.
11.5The Provider may remove, restrict or obscure any content that infringes the rights described in this clause 11 or that offends the integrity or reputation of the original works, of their authors or of the institutions that hold them.
11.6Images and other content downloaded through the App's functions, including Artworks of other Users, may be used only for personal and non-commercial purposes, and may not be republished, sold or used commercially without the rightholder's permission.
11.7Exceptions and limitations. In accordance with Article 17(7) and (9) of Directive (EU) 2019/790 and Article 102-nonies of Italian Law No. 633/1941, Users may upload and make available content generated by them that makes use of works or other protected subject matter where this is permitted by an exception or limitation to copyright and related rights, in particular for the purposes of quotation, criticism or review and of caricature, parody or pastiche, within the limits and conditions laid down by applicable law. Such exceptions are interpreted restrictively: they do not cover the reproduction of an entire protected work for its own sake or uses that conflict with the normal exploitation of the work, and they never extend to the sale of such content or to its Authentichain as a One&Only.
11.8Cultural goods. Images of cultural goods belonging to the State, regions or other public bodies, or held by public museums and other cultural institutions, including works in the public domain, may be published in the App only for the non-profit purposes of study, research, free expression of thought or creative expression and promotion of knowledge of the cultural heritage permitted by Article 108(3-bis) of the Italian Code of Cultural Heritage (Legislative Decree No. 42/2004). They may not be Authentichained as One&Only, sold or otherwise reproduced for profit through the App unless the User has obtained in advance the concession of the competent institution and paid any fee due under Articles 107 and 108 of that Code, and the User shall provide evidence of it on request. The User remains solely responsible for compliance with this clause.
12. Automated tools and artificial intelligence
12.1The App uses automated tools to provide certain features, including automatic translation of content, transcription of voice messages on the User's request, on-device image processing in the editors (for example the selection of a subject) and the comparison of images published in the App with other images in order to detect duplicates and possible infringements and to organise the feeds.
12.2Automatic translations and transcriptions may contain errors. They are provided for convenience only and the original content prevails.
12.3Artworks created in whole or in part with artificial intelligence tools may be published on the same terms as any other Artwork. The User remains fully responsible for them under clauses 9, 10 and 11.
12.4Save as provided in this clause, the Provider does not take decisions that produce legal effects concerning a User, or that similarly significantly affect them, based solely on automated processing. In the Physical Marketplace and for One&Only, certain consequences provided for in these Terms are applied automatically when a deadline expires or on the basis of carrier tracking or blockchain data, as necessary for the performance of the Agreement; the User may contest them by writing to info@imbued.art, and they will be reviewed by a person. Decisions to remove content or to restrict an Account are taken by a person, as stated in the notice sent to the User, save that shared creative resources may be withheld automatically, as a temporary precaution, when reported by several different Users, pending review by a person. Where an automatic consequence under Part B depends on a deadline, delivery scan, return scan or similar event, the App may rely on the data reasonably made available by the relevant provider unless clearly inconsistent on its face.
13. Messaging, voice messages and calls
13.1Registered Users may exchange messages, attachments, reactions and voice messages, take part in group conversations and make audio and video calls. Users may also send animated images (GIFs) from a library of artworks made available by the Provider, solely within the messaging functions of the App. Each order on the physical marketplace has its own conversation between buyer and seller.
13.2The messaging service is operated on the Provider's own infrastructure, except that older versions of the App may still use a third-party chat provider, as described in the Privacy Policy. Messages are protected in transit but are not end-to-end encrypted. Calls are not recorded, and their content is not stored.
13.3The User may choose who can send them message requests, and may block other Users. Blocking a User also prevents contact from the other profiles linked to that User.
13.4The User is solely responsible for the content they send. Messages may be examined by the Provider only when reported, when necessary for the security of the App, to handle a marketplace dispute in which the conversation is relevant, or where required by law.
13.5The Provider may suspend or terminate the access of Users who misuse the messaging or calling functions.
14. Reporting, moderation and complaints
14.1The Provider may, but is not obliged to, review and moderate User Content in order to enforce these Terms, the Community Guidelines and applicable law. Moderation is guided by respect for artistic freedom, the protection of cultural heritage and the protection of the rights of third parties.
14.2Any person may report content they consider unlawful or in breach of these Terms: Registered Users through the reporting function available in the App on each Artwork, comment and profile, on the listing concerned for the parties to an order, and, in a private conversation, by reporting the profile of the other participant; One&Only are reported by reporting the Artwork with which they are associated; any other person by writing to info@imbued.art. The notice should contain: (a) the name and email address of the person reporting, except for reports concerning the sexual abuse or exploitation of minors, for which they are not required; (b) a precise indication of the content, such as a link; (c) a sufficiently substantiated explanation of why the content is considered unlawful or in breach of these Terms; and (d) a statement that the person reporting believes in good faith that the notice is accurate and complete. A notice concerning copyright or other intellectual property rights must also identify the right claimed and the rightholder, and may require additional information through the dedicated form.
14.3The Provider examines notices diligently, objectively and without undue delay, and informs the person who reported of its decision. The identity of the person reporting is not disclosed to the User concerned, except where necessary to handle an intellectual property claim or required by law.
14.4The Provider may remove, disable, obscure or restrict the visibility of content, remove a listing or a One&Only from sale, or suspend or terminate an Account, where the content or the conduct is unlawful or in breach of these Terms, the Community Guidelines or the One&Only Authentichain Agreement, including on a precautionary basis while a report is being examined. The Provider may also remove or limit the dissemination of content that, while not unlawful, is contrary to the cultural and artistic purposes of the App, including the respect of the identity and integrity of original works and of the moral rights of authors. In assessing reports of artistic or scientific relevance, the Provider may seek the opinion of experts, including any ethical and scientific committee set up for the IMBUED project. Where content has been removed or disabled following a sufficiently substantiated notice from a rightholder, the Provider also takes reasonable measures, including the comparison of images described in clause 12.1, to prevent the same content from being uploaded again.
14.5Where the Provider takes a measure under clause 14.4, it informs the User concerned of the measure, of the facts and grounds on which it is based, of whether automated means were used, and of the means of redress available, unless the content is deceptive high-volume commercial content or a court or public authority requires otherwise. Where the measure concerns content, listings or One&Only that are associated with a pending transaction, the Provider may also state the operational consequences for that transaction.
14.6The User concerned, and the person who reported, may contest the decision free of charge within six months of being informed of it, through “Contest the decision” in the App or by writing to info@imbued.art. The Provider reviews the complaint under the supervision of a person other than the one who took the decision, and communicates the outcome. This procedure does not affect the right to refer the matter to an out-of-court dispute settlement body, where available, or to bring proceedings before the competent court.
14.7The Provider may suspend, for a reasonable period and after a warning, the processing of notices from persons who frequently submit manifestly unfounded notices, and the access of Users who frequently publish manifestly unlawful content.
14.8Where the Provider becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of persons has taken place, is taking place or is likely to take place, it informs the competent authorities.
14.9The single point of contact for authorities and for Users under Regulation (EU) 2022/2065 (Digital Services Act) and for the purposes of the UK Online Safety Act 2023 is info@imbued.art. Communications may be sent in English or Italian. As the Provider is not established in the European Union, it has designated as its legal representative under Article 13 of the Digital Services Act Imbued Italia Srl, Via dei Volsci 15, 00185 Rome (RM), Italy — info@imbued.art — contact person: Chiara Lavanna, which may be addressed by authorities in the European Union on all matters concerning the Digital Services Act.
15. Suspension, termination and account deletion
15.1The Provider may temporarily suspend or permanently close an Account, in whole or limited to certain features, where:
(a) the User has seriously or repeatedly breached these Terms, the Community Guidelines or the One&Only Authentichain Agreement;
(b) the User has published unlawful content or has been the subject of several substantiated notices of infringement;
(c) the information provided at registration is false or the User does not meet the requirements of clause 5;
(d) the User has used the App for unauthorised commercial purposes, for fraud or in a way that exposes the Provider, other Users or third parties to risk;
(e) this is required by law or by an order of a court or public authority.
15.2Except where immediate action is necessary to protect Users, third parties or the App, or is required by law, the Provider informs the User of the suspension or closure and of its reasons, in accordance with clause 14.5. A suspension may be lifted when the Provider has verified that the User complies with these Terms.
15.3The User may terminate the Agreement at any time by deleting their Account from the Account settings or through the dedicated web page. Where several profiles are linked to the same person, deleting a profile terminates the Agreement only in respect of that profile. In the iOS and Android applications, the User may also temporarily deactivate the Account, confirming it with a code sent by email, which hides it until the User logs in again and chooses to reactivate it.
15.4Deletion is requested from the Account settings or the dedicated web page and is confirmed with a code sent by email. From that moment the profile is deactivated, every session is closed and the profile is deleted permanently after 28 days. Until the day before the date of permanent deletion shown to the User, the User may cancel the request by logging in and choosing to recover the profile. Once deletion is completed it cannot be undone. Deletion concerns one profile at a time: each profile linked to the same person must be deleted separately. A User with open orders, held deposits or pending payouts should complete them before requesting deletion. The Provider may postpone the permanent deletion until they are completed, cancelled or settled in accordance with Part B, and may retain the data described in the Privacy Policy.
15.5Warning about One&Only. Deleting the Account permanently removes the Collection associated with it and the means of accessing it. The User loses all access to their One&Only, including the ability to sell them, without refund or compensation (Part C and the One&Only Authentichain Agreement). Before the deletion request is confirmed, the App displays a specific warning about the permanent loss of all One&Only held in the Collection and reminds the User that the request may be cancelled within the 28-day period described in clause 15.4.
15.6Clauses 10.3, 10.4, 20, 22, 23, 24 and 27 and any other provision which by its nature is intended to survive, survive the termination of the Agreement.
16. Scientific research
16.1IMBUED is also a research project on the cognitive, emotional and social dynamics of the enjoyment and creation of art. The use of a User's data for scientific research takes place only in the cases, on the legal bases and with the safeguards described in the Privacy Policy, including pseudonymisation and the publication of results only in aggregated and anonymous form.
16.2By accepting these Terms, the User is informed that their data are also used for scientific research, on the legal basis and with the safeguards described in the Privacy Policy. Each User may stop taking part at any time, without giving reasons, by switching off “Scientific research” in the Account Centre, under “Your information and permissions”; this has no effect on the use of the App. For Users under 18 the switch is off by default, and their data are used for scientific research only if they switch it on.
17. Paid features
17.1Using the App and publishing content are free of charge. The fees for the marketplace and for One&Only are set out in Parts B and C and in Schedule 1.
17.2The Provider may offer paid features, such as the advanced editor available in the web version of the App and, where offered, on tablets (“Editor Pro”), while the editor in the mobile applications on phones remains free. The price, the duration, the renewal conditions, if any, and the conditions of each paid feature are shown in the App before purchase, and the purchase is concluded only when the User confirms it. Where a paid feature is offered free of charge for a limited period, for example through a promotional campaign or a code sent by email, the start of the period is communicated to the User, and the Provider may set or change its end date by giving at least 30 days’ notice in the App or by email; however, for Users who register by 15 April 2027, to whom Editor Pro is offered free of charge with no end date, as stated in the welcome email, the Provider will not set an end date to that free entitlement for as long as Editor Pro is offered; each code may be used for a single profile and has no cash value. The period runs from the date stated in the communication, whether or not the code has been entered. The Provider may suspend or revoke a free or promotional entitlement obtained or used in breach of these Terms, in error, or through abuse of a code. When a paid feature ends, the User keeps the works published or saved to their profile; projects kept only in the browser may no longer be opened through that feature (clause 10.9).
17.3A User who is a Consumer has the right to withdraw from the purchase of a paid digital feature within 14 days, unless they have expressly requested that its supply begin immediately and acknowledged that they will lose the right of withdrawal once supply has begun. Where required by applicable law, that express request and acknowledgment are collected separately from the general acceptance of these Terms.
17.4Prices are expressed in euro, except for Sales on the Physical Marketplace, whose currency is set out in clause B1.2, and for One&Only Listings, whose currency is set out in clause C5.1, and include VAT where applicable.
18. Payments and the Payment Provider
18.1All payments in the App, including the purchase of physical items, Buyer Protection fees, Item Verification fees and deposits, return labels where the App so provides, Authentichain Fees (as defined in the One&Only Authentichain Agreement), the purchase of One&Only and paid features, are made by card or the other methods offered in the App, through Stripe. The App does not sell in-app products through the Apple App Store or Google Play billing systems, and does not accept payment in cryptoassets. The App will identify, before the relevant confirmation, the amount payable to the Provider, the amount payable for third-party services where separately charged, and, where applicable, the amount collected on behalf of another User.
18.2Payment card details are entered directly in the forms provided by Stripe and are never received or stored by the Provider.
18.3Payment processing services for sellers on IMBUED are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”), available at https://stripe.com/connect-account/legal/full and https://stripe.com/legal/ssa. By agreeing to these Terms or continuing to operate as a seller on IMBUED, the seller agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of IMBUED enabling payment processing services through Stripe, the seller agrees to provide IMBUED accurate and complete information about themselves, and authorises IMBUED to share it and transaction information related to their use of the payment processing services provided by Stripe.
18.4When a User provides personal data in connection with payments in the App, Stripe receives that personal data and processes it in accordance with Stripe's Privacy Policy, available at https://stripe.com/privacy.
18.5The Provider is not a bank, an electronic money institution or a payment institution. Amounts paid through the App are processed and held by Stripe in accordance with its terms and do not constitute deposits or savings with the Provider, nor do they bear interest.
18.6The Provider and Stripe may refuse, suspend or cancel a payment that is not successfully authorised, that is considered at risk of fraud or that requires further checks.
19. Licence to use the App and app stores
19.1The Provider grants the User a personal, limited, non-exclusive, non-transferable and revocable licence to download, install and use the App on devices the User owns or controls, solely for the purposes permitted by these Terms. Where the App is downloaded from the Apple App Store, the licence is also subject to the Usage Rules set out in the Apple Media Services Terms and Conditions.
19.2The User must not sell, sublicense, rent, distribute or otherwise make the App available to third parties, nor copy, modify, translate, decompile, disassemble or reverse-engineer it, except to the extent permitted by mandatory law.
19.3If the App has been downloaded from the Apple App Store, the User and the Provider acknowledge that: (a) the Agreement is concluded between the User and the Provider only, and not with Apple Inc. (“Apple”), and the Provider, not Apple, is solely responsible for the App and its content; (b) Apple has no obligation to provide maintenance or support services for the App; (c) in the event of any failure of the App to conform to an applicable warranty, the User may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law Apple has no other warranty obligation, and any other claims attributable to such failure are the Provider's responsibility; (d) the Provider, not Apple, is responsible for addressing any claims of the User or of third parties relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation; (e) in the event of a third-party claim that the App or its possession and use infringe that third party's intellectual property rights, the Provider, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim; (f) the User represents that they are not located in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and are not listed on any United States Government list of prohibited or restricted parties; (g) the User must comply with applicable third-party terms when using the App; and (h) Apple and its subsidiaries are third-party beneficiaries of this clause 19 and, upon the User's acceptance of these Terms, Apple will have the right to enforce it against the User as a third-party beneficiary.
19.4If the App has been downloaded from Google Play, the User also accepts the Google Play Terms of Service, which govern the download. Google is not responsible for the App or its content.
19.5Questions, complaints and claims concerning the App must be addressed to the Provider at the contact details in clause 29.
20. Intellectual property of the Provider
20.1The App, the software, the source code, the smart contracts, the graphic design, the user interface, the texts, the trademarks, the logos, the name IMBUED and every other element of the Service, excluding User Content and Institutional Content, are the exclusive property of the Provider or of its licensors and are protected by intellectual property law.
20.2Except for the licence in clause 19, nothing in the Agreement grants the User any right in them. Any unauthorised use constitutes an infringement of the Provider's rights and may give rise to civil and criminal liability.
21. Availability of the Service
21.1The Provider provides the Service with reasonable care and skill and adopts security measures appropriate to the risk, as described in the Privacy Policy. The Provider does not guarantee that the Service will be uninterrupted or error-free. It may be suspended temporarily for maintenance, updates, security reasons or events beyond the Provider's control, and the Provider will try to give notice of planned interruptions where possible.
21.2The User is responsible for the devices, software and connection they use to access the App and for keeping them updated. The Provider is not liable for malfunctions caused by them or by the internet network.
21.3The Provider may discontinue the Service, in whole or in part, by giving Users at least 30 days' notice, except where earlier discontinuation is required by law or by events beyond its control. Users will be able to download their data in accordance with the Privacy Policy before the discontinuation takes effect. For the One&Only functions, the longer notice period and the right to download Artwork files and Token Metadata set out in clause C2.4 and in the One&Only Authentichain Agreement apply.
22. Disclaimers
22.1Where the User is a Consumer, the User enjoys the mandatory statutory guarantees and remedies for digital content and digital services under applicable law, including Articles 135-octies to 135-vicies-ter of the Italian Consumer Code, Chapter 3 of Part 1 of the UK Consumer Rights Act 2015 and the mandatory provisions of the law of the Consumer’s country of habitual residence, which cannot be excluded or limited. Where the User is not a Consumer, and to the maximum extent permitted by applicable law, the App and the Service are provided “as is” and “as available”. The Provider does not warrant that they will meet the User's particular needs or expectations.
22.2The Provider is not responsible for User Content, for listings, for items sold by other Users or for the conduct of other Users or third parties, without prejudice to its obligations under clause 14 and under Parts B and C.
22.3Nothing in the App constitutes financial, investment, legal or tax advice.
23. Limitation of liability
23.1Where the User is not a Consumer, and to the maximum extent permitted by applicable law, the Provider is not liable for indirect or consequential loss, loss of profits, revenue, business, opportunity, goodwill or data, or for loss that was not reasonably foreseeable when the Agreement was concluded.
23.2Where the User is not a Consumer, and subject to clause 23.4, the Provider's total liability for slight negligence (colpa lieve) towards a User arising out of or in connection with the Agreement in any period of twelve months shall not exceed the higher of (a) the total amount of the fees paid by that User to the Provider in that period and (b) EUR 100. Where a claim relates to a specific transaction, the limit is the amount of the fees received by the Provider for that transaction. The limits in this clause are without prejudice to: (i) the refunds, reversals and operational remedies expressly provided for in Parts B and C; (ii) liability that cannot be excluded or limited under applicable law; and (iii) any sums collected by the Provider on behalf of a Seller and not yet released where these Terms expressly require a different treatment of such sums.
23.3The Provider is not liable for failures or delays caused by events beyond its reasonable control, including failures of networks, blockchains, carriers, payment systems or third-party providers, cyber-attacks, natural events, pandemics or acts of authorities.
23.4Nothing in the Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code), for death or personal injury caused by negligence, or for fraud, nor, where the User is a Consumer, liability for total, partial or defective non-performance by the Provider or for breach of statutory rights (Articles 33(2)(b), 36(2)(b) and 135-octies et seq. of the Italian Consumer Code, Sections 47, 57 and 65 of the UK Consumer Rights Act 2015, or any other mandatory provision of the law of the Consumer’s country of habitual residence).
24. Indemnity
24.1The User agrees to indemnify and hold harmless the Provider, its directors, employees and agents from and against any third-party claim or demand and any related loss, liability, penalty, cost and expense (including reasonable legal fees) arising out of or in connection with: (a) their User Content, including any claim that it infringes the rights of third parties; (b) their breach of the Agreement or of the law; (c) the sale, shipment or condition of items they sell through the App; (d) any unlawful or fraudulent use of the App by them or by third parties using their credentials, unless such use resulted from a breach by the Provider.
24.2For a User who is a Consumer, this clause applies only to losses caused by the User's culpable breach.
25. Changes to these Terms
25.1The Provider may amend these Terms for justified reasons, such as changes to the features of the App, to the providers it uses, to the law or to the case law, or the need to improve clarity or security. The new version is published in the App with a new version number and date.
25.2Changes that are not exclusively in the User's favour are notified to Registered Users by email to the address associated with the Account or by a notice in the App, or both, at least 15 days before they take effect, unless a shorter period is required by law or by a court or authority. When the new version takes effect, the App asks each Registered User, at their next access, to read and accept it before continuing to use the App, and records the acceptance in accordance with clause 1.3. A User who does not accept the new version may log out and terminate the Agreement free of charge by deleting their Account; until they accept it, they cannot use the functions reserved to Registered Users.
25.3Changes do not apply to orders already placed or to One&Only already Authentichained, which remain governed by the version in force when the order was placed or the Authentichain was requested.
26. Personal data
26.1Personal Data is processed in accordance with the Privacy Policy, which the User acknowledges having read.
26.2A User who receives other Users' Personal Data through the App, for example the name and address of a buyer in order to ship an item, may use it only to perform the transaction concerned and must not keep it longer than necessary or use it for any other purpose.
27. Governing law and jurisdiction
27.1The Agreement is governed by and construed in accordance with the laws of Italy.
27.2Exclusively where the User is not a Consumer, any dispute concerning the validity, interpretation, performance or termination of the Agreement shall first be submitted to mediation under Italian Legislative Decree No. 28/2010, as amended and supplemented. If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the Court of Rome, Italy. This clause applies only to the extent permitted by mandatory law and is without prejudice to clause 27.3.
27.3Where the User is a Consumer, clause 27.1 does not deprive them of the protection afforded by the mandatory provisions of the law of the country of their habitual residence (including under Article 6 of Regulation (EC) No 593/2008 – Rome I and, for UK Consumers, the UK Consumer Rights Act 2015), and any dispute arising out of or in connection with the Agreement is subject to the jurisdiction of the courts of the place where the Consumer is domiciled or resides (Article 66-bis of the Italian Consumer Code, Section 15B of the UK Civil Jurisdiction and Judgments Act 1982 or other applicable mandatory law).
27.4Consumers resident in the European Union may also use the online dispute resolution mechanisms and out-of-court dispute resolution bodies available under applicable law.
28. General provisions
28.1If any provision of the Agreement is held invalid or unenforceable, it shall apply to the maximum extent permitted, and the other provisions remain in full force.
28.2The failure or delay of the Provider in exercising a right does not constitute a waiver of it.
28.3The Provider may assign or transfer the Agreement, in whole or in part, to another company of its group or to a successor in the business, provided that the User's rights are not reduced. The User may not assign the Agreement without the Provider's prior written consent.
28.4These Terms are drawn up and made available in English only. Where the User is a Consumer: in the event of doubt about the meaning of a term, the interpretation most favourable to the Consumer prevails, in accordance with Article 5 of Directive 93/13/EEC and the national provisions implementing it (including Article 35(2) of the Italian Consumer Code) and Section 69 of the UK Consumer Rights Act 2015. Any translation, including of texts displayed in the App, is provided for convenience only, and the English version prevails, without prejudice to the interpretation most favourable to the Consumer set out above.
28.5Nothing in the Agreement creates a partnership, joint venture, employment or agency relationship between the Provider and the User, except for the limited agency for the collection of the price described in clause B8.1.
29. Contacts
29.1Alobar Ltd — 9 Sandys Row, London, England, E1 7HW, United Kingdom — company number 13594126.
29.2Support, questions, complaints, reports and notices: info@imbued.art. Data protection: dpo@imbued.art.
29.3Legal representative in the European Union under the Digital Services Act, and representative under Article 27 GDPR: Imbued Italia Srl, Via dei Volsci 15, 00185 Rome (RM), Italy — info@imbued.art — contact person: Chiara Lavanna.
PART B — PHYSICAL MARKETPLACE TERMS
B1. General provisions
B1.1The App makes available a marketplace between private individuals through which eligible Users can list, buy and sell physical items, in particular artworks (the “Physical Marketplace”). This Part B governs every listing and every transaction concerning physical items, and supplements Part A.
B1.2The Physical Marketplace is available worldwide, for shipments between the countries served by the carriers offered in the App, except where a shipment is prohibited by law, by sanctions or by the carrier's terms. The countries, routes, carriers and delivery services actually available for each Listing and each purchase are exclusively those offered in the App at the time of checkout, and shipments outside the European Union may not be available on every route. Listings may be shown to Buyers in countries to which the Seller cannot currently ship; such Listings are marked in the App and cannot be purchased. Each Sale has a single currency, which is the currency of the country from which the Item is shipped and is shown in the Listing and at checkout: pounds sterling for Items shipped from the United Kingdom, euro for Items shipped from the European Union and US dollars for Items shipped from the United States. Where the Buyer pays with a card or account held in another currency, the conversion is made by the Buyer's bank or card issuer at its own rate and with its own charges; the Provider does not convert the price and is not responsible for those rates or charges. Receipts for the fees of the Provider are issued in the currency of the Sale. Item Verification is available only where both the Seller and the Buyer are in Italy (clause B5.1). The Provider may extend, limit, suspend or withdraw the availability of countries, currencies, carriers, delivery services, pick-up points, categories of items or functions of the Physical Marketplace for legal, regulatory, technical, operational, security or commercial reasons. The conditions shown in the App at the time of each listing and purchase apply.
B1.3Definitions. In this Part B:
“Authentication Center” means the centre at which items are checked under the Item Verification service, currently operated on behalf of the Provider by Fulfillment-Box in Italy, or by another partner appointed by the Provider.
“Buyer” means an eligible User who buys an Item through the Physical Marketplace.
“Buyer Protection Fee” means the fee for the services of the Physical Marketplace charged to the Buyer, described in clause B8.5 and in Schedule 1.
“Inspection Period” means the period of 48 hours during which the Buyer may check the Item and confirm the order or open a dispute, as described in clause B3.5.
“Item” means a physical product listed or sold through the Physical Marketplace.
“Item Verification” means the optional check of authenticity and condition of an Item at the Authentication Center, described in clause B5.
“Listing” means the offer of an Item and the information published by a Seller about it.
“Purchase Confirmation” means the notice in the App confirming that the Buyer has paid for an Item.
“Sale” means the contract for the purchase of an Item concluded directly between the Buyer and the Seller through the App.
“Seller” means an eligible User who lists or sells an Item through the Physical Marketplace.
“Verification Deposit” means the refundable deposit paid by the Seller to offer Item Verification, described in clause B5.2.
“Verification Fee” means the fee paid by the Buyer who chooses Item Verification at checkout.
B1.4Role of the Provider. Each Sale is concluded directly between the Buyer and the Seller. The Provider makes available the technology through which Users create Listings, communicate, pay and receive payment, arrange shipping, request Item Verification, track orders and handle disputes. Except as expressly stated in this Part B, the Provider does not own, produce, buy or resell the Items, is not a party to the Sale, does not act as Buyer or Seller, and does not guarantee that an Item will be sold, delivered or accepted, nor the accuracy of Listings or the identity, conduct or status of Users. The Provider nevertheless collects the price on the Seller's behalf (clause B8.1), applies the rules of the Physical Marketplace, examines disputes, cancels transactions, orders refunds and takes protective measures in accordance with this Part B. For the avoidance of doubt, the Provider’s role under this Part B is limited to the platform and related services described in these Terms; those services create obligations of the Provider towards Users only where and to the extent expressly stated in these Terms, and do not by themselves make the Provider the seller, buyer, consignor, carrier, verifier of title or insurer of any Item.
B1.5The Seller is a private individual. By completing the purchase, the Buyer acknowledges and accepts that the Seller is a private individual and not a trader. As a consequence, the consumer protection rules that apply to contracts between traders and consumers, including the statutory right of withdrawal and the legal guarantee of conformity owed by a trader, do not apply to the Sale. The Buyer instead benefits from the protections of this Part B. The allocation of responsibilities between the Provider and the Seller is described in this Part B. The App will indicate in a clear and reasonably prominent manner, on or before checkout, that the Seller is acting as a private individual and that the Sale is concluded between Users.
B1.6Third-party providers. The services of the Physical Marketplace rely on the following providers, each of which may apply its own terms, technical requirements, checks and limitations:
(a) payments, deposits, refunds and payouts: Stripe (clause 18 and clause B8);
(b) shipping: Shippo (Popout, Inc.), which aggregates the services of the carriers offered in the App, generates labels and provides tracking, and the carrier selected for each shipment, which actually carries the parcel;
(c) special shipments: Mail Boxes Etc., through its centres operated by independent franchisees, for the packing and shipment of Items that are particularly valuable, fragile, large or otherwise unsuitable for ordinary parcel services (clause B4.4);
(d) Item Verification: the Authentication Center (clause B5).
The Provider is not responsible for delays, interruptions or failures caused solely by such providers and outside its reasonable control, without prejudice to what cannot lawfully be excluded and to the refunds provided for in this Part B.
B1.7Eligibility. The Physical Marketplace may be used only by Registered Users who are at least 18 years old and have full legal capacity. The Provider and Stripe may require checks of identity, age, address, payment account and tax status before allowing a User to buy, list, sell, receive funds or request a refund. Users must provide accurate, complete and up-to-date information, and the Provider may limit or suspend access to the Physical Marketplace if information is missing, inaccurate, expired or inconsistent.
B2. Seller terms
B2.1Private Sellers only. Only natural persons acting for purposes outside their trade, business, craft or profession may sell on the Physical Marketplace. By creating a Listing or completing a Sale, the Seller declares that they act as a private individual, do not sell in the course of a business or an organised or habitual resale activity, and do not act on behalf of a business or an undisclosed third party. The Provider may examine the number, frequency, organisation and value of a Seller's transactions, ask for information and limit or close the Seller's access to the Physical Marketplace if it reasonably believes that the Seller acts as a trader. The choices made in the App do not determine the legal or tax status of the Seller, which competent authorities may assess on the basis of the activities actually carried out. The Seller states in the App, before publishing their first Listing, whether they act as a private individual or as a professional, and must update that statement without delay if their situation changes. A Seller who states that they act as a professional may not sell on the Physical Marketplace.
B2.2Seller verification and Stripe account. Before the first Listing is published, the Seller must complete the identity verification and onboarding procedure of Stripe, which requires, among other things, a photo of an identity document or passport, a selfie, bank details and tax information. The verification is carried out by Stripe, and the Provider does not receive or store the Seller's identity documents. The Seller accepts the Stripe Services Agreement in accordance with clause 18.3. Stripe may delay, limit, suspend or refuse payouts if the verification is incomplete, the information is inaccurate, the account is restricted, a transaction is contested or the law or Stripe's rules require it. Listings are suspended automatically while the Seller's account is not enabled to receive payouts.
B2.3Disconnecting the payout account. The Seller may disconnect their Stripe account from the App, except while they have live Listings, open orders, deposits held or payments in progress. After disconnection, no one can pay the Seller until a new account is connected. Payments already made keep their record. Where no payment has been made through it, the Provider may also ask Stripe to close the connected account.
B2.4Ownership and right to sell. By listing an Item, the Seller represents and warrants that: (a) they are the lawful owner of the Item or have full legal authority to sell it; (b) the Item is not stolen, counterfeit, unlawfully reproduced, pledged, encumbered, seized or subject to rights that prevent its sale; (c) its possession, listing, sale and shipment are lawful; (d) the Item and the Listing do not infringe copyright, trademarks, design rights, moral rights, image rights or other rights of third parties; (e) any certificate, invoice, receipt, appraisal, serial number, provenance document or attestation of authenticity they provide is genuine and complete; and (f) they have disclosed every limitation known to them that may affect the Sale or the shipment. The Seller remains responsible for the lawfulness, authenticity, quality, condition and conformity of the Item even if it passes Item Verification. Item Verification does not transfer to the Provider or to the Authentication Center any ownership, authorship, provenance or title warranty in respect of the Item.
B2.5Listing requirements. Listing an Item is free of charge. A Listing must be complete, accurate and not misleading, and must include at least one clear and recent photograph of the Item actually offered, its price (subject to the minimum price shown in the App), its dimensions and weight and, where relevant, the author, title, technique, materials, year or period, condition, any defects, restorations or missing parts, and the presence or absence of certificates and other documents. The Seller may attach authenticity or provenance documents in the formats, number and sizes accepted by the App from time to time. The Seller must not hide defects through lighting, framing, filters, editing or incomplete photographs, and must not use images taken from third parties in a way that misrepresents the Item. The Seller must update or withdraw the Listing as soon as the Item is no longer available or any information becomes inaccurate. Where the App allows structured fields or badges relating to authenticity, provenance, condition or verification, the Seller must use them truthfully and consistently with the narrative description and attached documents.
B2.6One sale at a time. An Artwork can be offered in only one open sale at a time, whether as a physical Item or as a One&Only. The Seller may set an optional expiry date for the Listing and may withdraw it at any time before a purchase is completed. A Listing of a physical Item is withdrawn automatically if the Artwork from which it was created is deleted.
B2.7Prohibited and restricted Items. The Seller must not list or sell: (a) stolen, counterfeit or unlawfully reproduced Items; (b) Items whose sale, possession, export, import or shipment is prohibited; (c) Items that infringe intellectual property or other rights of third parties; (d) weapons, explosives, drugs, hazardous materials or dangerous goods; (e) unsafe, recalled or unlawfully marketed products; (f) cultural goods unlawfully exported or imported, or whose sale requires an authorisation or notification that the Seller has not obtained, including under the Italian Code of Cultural Heritage; (g) Items containing materials derived from protected species, unless their sale and shipment are lawful and fully documented; (h) Items subject to sanctions, embargoes or trade restrictions; (i) Items excluded by the selected carrier or by Shippo, Mail Boxes Etc. or the Authentication Center; (j) items which are not physical goods, such as services, digital content or vouchers; or (k) any other Item prohibited by law, by the Community Guidelines or by the rules shown in the App. The Provider may remove, block or restrict a Listing if it reasonably believes that the Item is unlawful, unsafe, misleading, inappropriate or incompatible with the Physical Marketplace.
B2.8Ship-from address. The Seller must indicate the address from which the Item will be collected or shipped. Only the city and country of that address are shown to Buyers in the App, except that the full sender and return addresses appear on the shipping and return labels, as required by the carrier.
B2.9Conclusion of the Sale. The Sale becomes binding when the Buyer completes checkout, the payment is successfully authorised and the Purchase Confirmation is issued in the App. After the Purchase Confirmation the Seller must not sell the Item to anyone else, use or materially alter it, replace it, increase the price or change the Item Verification option chosen by the Buyer.
B2.10Cancellation by the Seller. The Seller may cancel the Sale through the App only before the Item has been shipped. In that case the Buyer is refunded in full, any unused label is cancelled and, where Item Verification was chosen, the rules on the Verification Deposit in clause B5.2 apply. The App may ask the cancelling party to state a reason; the reason is recorded, shown to the other party and to the Provider, and may be taken into account under this clause and clause B9.3, but does not affect the cancellation. Repeated cancellations, Listings of Items that are not available or misuse of the cancellation function may lead to restrictions on Listings or payouts, suspension or closure of the Account. The App may also display the cancellation rate or similar internal reliability indicators to the Provider for fraud-prevention and marketplace-integrity purposes.
B2.11Shipping deadline. The Seller must ship the Item within 5 days of the Purchase Confirmation or, where the Buyer has chosen Item Verification, deliver it to the carrier for shipment to the Authentication Center within 2 days of the Purchase Confirmation. The date shown in the App and in the Purchase Confirmation prevails. The Item is considered shipped only when it has been physically handed to the selected carrier or service point and the carrier's tracking records a first acceptance, collection or drop-off scan. Creating, downloading or printing a label is not, by itself, shipment, and a declaration of shipment made by the Seller in the App does not replace the carrier's scan nor relieve the Seller of any liability. If no such scan is recorded within 48 hours after the date shown in the App, the Sale is cancelled automatically, the Buyer is refunded in full and the Seller may no longer ship under that order, without prejudice to the measures provided for in clause B9.3. The App should indicate the applicable shipment deadline and the consequence of missing it in the order flow.
B2.12Labels and tracking. The Seller must use the prepaid label, QR code and instructions generated in the App for the carrier and service selected by the Buyer, and must not replace the carrier, service or route, arrange shipment outside the App or give false tracking information. The Seller must print the label, unless the App provides a QR code for the selected carrier. The Seller must declare accurately the contents, weight and dimensions of the parcel, keep the shipping receipt and cooperate with the Provider, Shippo, Mail Boxes Etc. and the carrier in any investigation or claim.
B2.13Packing. The Seller is responsible for packing the Item securely and appropriately for its size, weight, value, age, materials and fragility, using clean, intact and sufficiently strong outer packaging and enough internal protective material, preventing movement inside the parcel, using double packaging or equivalent protection for fragile or valuable Items, removing old labels and barcodes, and complying with the instructions of the carrier, Mail Boxes Etc., the Provider and the Authentication Center. The Seller should keep photographs of the Item before packing, of its identifying features and serial numbers, and of the packed and labelled parcel. Inadequate packing may lead to the rejection of a claim against the carrier, to the loss of the right to the price and to liability for refunds and costs not covered by the carrier.
B2.14Cooperation. The Seller must respond promptly to requests concerning verification, shipment, delivery, disputes, returns, payment reviews or legal checks, and provide the photographs, receipts, proofs of ownership, certificates and other evidence requested within the period shown in the App. Failure to do so may lead to a decision against the Seller.
B2.15Taxes and reporting. The Seller is solely responsible for any tax, reporting or declaration obligation arising from their sales, without prejudice to the obligations of the Provider under applicable law. The Seller acknowledges that the Provider, as operator of a digital platform, may be required to collect, verify and keep information about Sellers and their transactions (such as name, address, date of birth, tax identification number, bank account details, the amounts received and the number of sales) and to report it to HM Revenue & Customs, which may exchange it with the tax authorities of the Seller's country of residence, in accordance with the UK Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023 and Council Directive (EU) 2021/514 (DAC7). The Seller undertakes to provide this information on request. If the information is not provided after reminders, the Provider may withhold payouts and suspend the Seller's access to the Physical Marketplace, as required by those rules.
B2.16Artist's resale right. Where the sale of an original work of art gives rise to a resale right of the author or of their heirs under applicable law, the Seller is responsible for it, without prejudice to any obligation that the law places on the Provider, which may in that case collect the amount from the price and pay it to the entitled person or the collecting society.
B2.17Sales taxes in the United States. Where the law of a State of the United States, or of another country, requires the Provider as operator of the marketplace to collect sales tax or a similar tax on a Sale, the Provider adds that tax to the total shown at checkout, collects it from the Buyer and pays it to the competent authority, and the Seller must not charge it separately. Where the Provider is not required to collect such a tax, any tax due by the Buyer under the law of their place of residence, such as use tax, remains their responsibility. The Provider and Stripe may ask Sellers resident in the United States for their taxpayer identification number and other tax information, and may report the payments received by them to the US Internal Revenue Service where the law so requires; clause B2.15 applies to that information.
B3. Buyer terms
B3.1Price and charges. Before the Buyer confirms the purchase, the App shows the total amount payable, which may include: (a) the price of the Item; (b) the shipping costs; (c) the Buyer Protection Fee; (d) the Verification Fee, where the Buyer chooses Item Verification; and (e) any sales tax that the Provider must collect under clause B2.17. Where an amount, such as the cost of the shipment to the Authentication Center, cannot be determined in its final form at checkout, the App indicates it as such together with the basis on which it is calculated. No other amount is charged by the Provider for the purchase. Payment is made through Stripe in accordance with clause 18.
B3.2Reservation. When the Buyer proceeds to payment, the Item is reserved for them for 20 minutes. If payment is not completed within that time, the reservation expires automatically, the Item may be purchased by other Users and the Buyer must start the purchase again. Any payment completed after the reservation has expired is refunded in full.
B3.3Delivery method. The Buyer may choose only among the delivery services shown at checkout: delivery to an address and, where offered in the App for the selected carrier and route, delivery to a pick-up point or locker. The Buyer is responsible for the accuracy of the delivery address and contact details, and for choosing the correct pick-up point. Items purchased with Item Verification are delivered only to an address and cannot be delivered to a pick-up point.
B3.4Cancellation by the Buyer. The Buyer may cancel the order through the App only until the carrier records the first acceptance, collection or drop-off scan of the parcel. In that case the payment is refunded in full. The App may ask the Buyer to state a reason, which is recorded and shown to the Seller and to the Provider and does not affect the cancellation. Thereafter the Buyer may not cancel the order for any reason other than those provided for in clauses B3.5 to B7, and in particular not for a change of mind.
B3.5Inspection and confirmation. When the Item is delivered, the Buyer has 48 hours to check it and either confirm the order or report a problem by opening a dispute. For delivery to an address, the Inspection Period starts when the carrier's tracking records the delivery. For delivery to a pick-up point, it starts when the Buyer collects the parcel, not when the parcel arrives at the pick-up point. The Buyer should check the Item carefully before confirming. Confirming releases the payment to the Seller and closes the possibility of a dispute; once the order is confirmed and closed, this cannot be undone in the App. The Buyer may also confirm the order before the carrier records the delivery; such a confirmation has the same effects and is made at the Buyer's sole risk. If the Buyer takes no action within 48 hours, the order is confirmed and closed automatically. The App may send reminders, but reminders are a courtesy only and do not alter the start, running or expiry of the Inspection Period.
B3.6Collection from a pick-up point. The Buyer must collect the parcel within 7 days of its arrival at the pick-up point, or within any different period shown in the App or communicated by the carrier. The App may send reminders, but the Buyer remains solely responsible for collecting the parcel on time. If the parcel is not collected within that period, the Sale is cancelled, the Item is returned to the Seller and the Buyer is refunded the amount paid less the costs of the original shipment and of its return, the Verification Fee, if any, and the Buyer Protection Fee, as shown in the App. If the cost of the original shipment alone is equal to or greater than half of the amount paid, no refund is due.
B3.7Import duties and local charges. For international shipments, unless the checkout expressly states otherwise, the Buyer is responsible for import VAT, customs duties, brokerage fees and any other charges imposed in the country of destination, which are not included in the total shown at checkout and may be requested by the carrier before delivery. The Buyer must provide the information reasonably needed for customs clearance and must not refuse delivery merely to avoid charges lawfully due. A refusal, or a failure to complete customs clearance, is treated as a failed delivery attributable to the Buyer under clause B3.8. Import VAT or other taxes may be due on arrival even where customs duties are zero, as is generally the case for works of art, and their amount is set by the authorities of the country of destination, not by the Provider. Before payment, the checkout informs the Buyer when a shipment is international and these charges may apply. Charges requested by the carrier or by Mail Boxes Etc. for customs clearance are paid by the Buyer directly to them, unless the checkout states that they are included.
B3.8Failed delivery. If delivery to the Buyer's address fails and the Item is returned to the Seller, the Sale may be cancelled. If the failure is not attributable to the Buyer, the Buyer is refunded in full. If it results from an incorrect address, an unjustified refusal, the Buyer's failure to cooperate or another cause attributable to the Buyer, clause B3.6 applies.
B4. Shipping and delivery
B4.1Shippo and carriers. Shipping services are made available through Shippo or another shipping service provider appointed by the Provider, which shows the available carriers and services, generates labels and, where the carrier supports them, QR codes, identifies pick-up points where available and provides tracking information. Carriage is performed by the selected carrier, under its own terms and conditions, which the Seller accepts when using the label and which may include conditions on prohibited contents, packing, weight, dimensions and liability. Estimated delivery dates are estimates only and are not binding on the Provider.
B4.2Who pays and buys the label. The shipping costs are shown at checkout and paid by the Buyer. Shipping labels are purchased, on behalf of the parties, through the account held with the shipping service provider by the Provider or, where the App so provides, by or for the Seller, and are made available in the App. The Provider is not a carrier and does not assume the obligations of a carrier or of a freight forwarder.
B4.3Order status and tracking. The App shows the status of each order (for example: paid, label generated, under verification, shipped, awaiting collection, delivered, not collected, completed, disputed, return in progress, returned, lost in transit, refunded, cancelled). Carrier tracking data may be used as evidence of shipment, delivery, collection and return. The Provider may correct the status of an order where tracking information is incomplete, inconsistent or clearly wrong.
B4.4Mail Boxes Etc. For Items that are particularly valuable, fragile, large or otherwise unsuitable for ordinary parcel services, the Provider may make available, or require, shipment through Mail Boxes Etc., which may include professional packing, crating, collection and shipment with declared value and additional cover. Where this service is used, the costs are shown at checkout before payment, the Seller must make the Item available for collection or deliver it to the indicated Mail Boxes Etc. centre in accordance with the instructions in the App, and the terms and conditions of Mail Boxes Etc. and of the carrier it uses apply, including those on liability, cover and claims.
B4.5Loss or damage in transit. If the Provider confirms that an order has been lost or damaged in transit for reasons not attributable to the Buyer, the Buyer is refunded in full. Buyer and Seller must cooperate with the requests of the Provider, Shippo, Mail Boxes Etc., the carrier or any insurer concerning a delayed, lost, stolen or damaged parcel. The liability of carriers is limited by their terms and by international conventions, and compensation may depend on compliance with requirements on packing, declared value and documentation. Where loss or damage is caused or aggravated by inadequate packing, prohibited contents, inaccurate declarations or another breach attributable to the Seller, the Seller loses the right to the price and may be liable for the Buyer's refund and the related costs. Where neither party is responsible, the Seller is not paid for that order, and any amount recovered from the carrier or from the cover purchased for the shipment is passed on to the Seller, net of any costs, up to the price of the Item.
B4.6International shipments and customs. For international shipments the Seller is responsible for the accuracy of the customs description, the classification, the origin and the declared value of the Item, and for obtaining any export licence or authorisation required, including those required for cultural goods under the law of the country of export. The Seller must not describe an Item as a gift or declare an artificially low value to avoid duties or controls. The Provider may limit, at any time, a country, a route, a category of Items, a value or a shipping method for reasons relating to sanctions, customs, security, carriers, fraud prevention or other compliance. The customs declaration is completed by the Seller in the App or with Mail Boxes Etc., using the information requested there, and must state the actual description of the Item, the price paid by the Buyer in the currency of the Sale, the country of origin and that the Sale is between private individuals. For Items shipped from Italy that are works of an author who is no longer living and were made more than 70 years ago, the Seller must obtain, before shipment, the certificate of free circulation or the export licence required by Legislative Decree no. 42/2004 (Italian Code of Cultural Heritage) or, where the value of the Item does not exceed EUR 13,500, provide the self-declaration provided for by that law; similar rules may apply in other countries of export. If those documents cannot be obtained, the Item must not be shipped and the Sale may be cancelled with a full refund to the Buyer.
B4.7Risk. The risk of loss of or damage to the Item passes to the Buyer when the Item is delivered to the Buyer or collected by them at the pick-up point.
B5. Item Verification
B5.1What it is. Item Verification is an optional service, available only where both the Seller's and the Buyer's addresses are in Italy, through which the Item does not travel directly to the Buyer: it is sent to the Authentication Center, checked for authenticity and condition, and shipped on to the Buyer only if it passes. The Seller decides whether to offer Item Verification when publishing the Listing; the Buyer decides at checkout whether to use it. Item Verification increases the Buyer's confidence but does not transfer the Seller's responsibility for the Listing or the Item to the Provider or to the Authentication Center. Unless expressly stated otherwise, Item Verification is a transaction-specific assessment based on the item examined, the accompanying documentation and the professional expertise reasonably available at the time, and is not an absolute, universal or perpetual guarantee of authenticity, title or provenance.
B5.2The Verification Deposit. To offer Item Verification, the Seller pays a refundable Verification Deposit equal to 2% of the price of the Item, with a minimum of EUR 18.00. The Verification Deposit is a real payment, not a hold: the amount is charged to the Seller's payment method when Item Verification is activated and is held through Stripe, on the Provider’s account, as security until one of the cases set out below occurs. It is not a fee, nothing expires or renews, and no further amount is ever charged to the Seller beyond the Verification Deposit.
(a) The Seller gets it back in full if: the Item sells, passes Item Verification and the order is completed; the Item sells without Item Verification because the Buyer has not chosen it, and the order is completed; the Seller decides to stop offering Item Verification; the Seller withdraws the Listing; or the order is refunded because the Item was lost in transit or the Buyer failed to collect it. The Seller may stop offering Item Verification, and so ask for the Verification Deposit back, at any time while no order for the Item is in progress. If a Sale is cancelled before shipment, whether by the Buyer, by the Seller or automatically because the Item was not shipped in time, the Listing is offered for sale again and the Verification Deposit remains held for it; it is refunded without delay if the Listing cannot return on sale because the Seller's account is not enabled to receive payouts. In any event, a Verification Deposit still held 150 days after it was paid is refunded automatically.
(b) The Provider keeps it in two cases only: a sold Item fails verification (clause B5.6), or a dispute on an order with Item Verification closes against the Seller. A dispute is deemed to close against the Seller whenever the Buyer is refunded under clauses B6 or B7, including where the Seller accepts the return, fails to respond, or fails to generate the return label in time. In the second case the Verification Deposit covers the Verification Fee refunded to the Buyer.
Refunds of the Verification Deposit are made to the payment method used to pay it, within 5 to 10 working days depending on the payment provider.
B5.3The Verification Fee. The Buyer who chooses Item Verification pays a Verification Fee equal to 2% of the price of the Item, with a minimum of EUR 18.00, which covers the check carried out by the experts of the Authentication Center and the shipment of the Item from the Authentication Center to the Buyer's address. The shipment from the Seller to the Authentication Center and the Buyer Protection Fee are charged separately and are shown at checkout.
B5.4Shipment to the Authentication Center. After the Purchase Confirmation, the Seller receives a prepaid label and must deliver the Item to the carrier for shipment to the Authentication Center within 2 days, using the carrier and the instructions shown in the App. The Seller must not send the Item directly to the Buyer.
B5.5The check. The Authentication Center assesses the authenticity of the Item, its quality and condition, its conformity with the photographs and description in the Listing, its completeness and the reliability of the certificates and documents provided, on the basis of the physical characteristics, the documents and the professional expertise reasonably available at the time of the check. The check normally takes up to 4 days from receipt of the Item; this is an estimate, which may be extended where further checks are reasonably necessary. Buyer and Seller are informed through the App when the Item is received, when the check is in progress and when the outcome is available. The methods, comparative materials, databases and security procedures used for the check may be confidential and need not be disclosed.
B5.6Outcome. If the Item passes, a certificate of authenticity, in the form adopted by the Provider from time to time, is made available in the App and the Authentication Center ships the Item to the Buyer's address, after which clause B3.5 applies. If the Item does not pass, or the outcome is inconclusive: (a) the Sale is cancelled and the Item is not shipped to the Buyer; (b) the Buyer is refunded in full the price, the Verification Fee, the Buyer Protection Fee and the shipping costs paid, within 5 to 10 working days; (c) the Item is returned to the Seller at no further cost to the Seller, the cost of the return shipment being covered by the Verification Deposit kept under clause B5.2(b); and (d) the Provider keeps the Verification Deposit in accordance with clause B5.2(b), while nothing further is charged to the Seller. Where the Item is suspected of being stolen, counterfeit or unlawful, the Provider or the Authentication Center may delay or refuse its return where required by law, keep evidence and inform the rightholder or the competent authorities. The Provider may confirm, correct or determine the outcome on the basis of the Authentication Center's findings, including where the check exceeds its expected duration.
B5.7Finality of the outcome and second opinion. The outcome of the check is final for the purposes of the Sale: the cancellation of the Sale and the refund to the Buyer cannot be reversed. The Seller may, however, ask for a second opinion on a negative or inconclusive outcome within 14 days of receiving it, by writing through the App or to info@imbued.art. If the second opinion is favourable to the Seller, the Verification Deposit is refunded; the Sale is not reinstated and the Seller may list the Item again. The Seller may not ask for the disclosure of confidential methods, databases, comparative materials or security procedures.
B5.8Nature of the certificate. The certificate of authenticity, in the form adopted by the Provider from time to time, reflects the check carried out for that transaction. Unless expressly stated otherwise, it is not a certificate issued by the author, an archive, a foundation or another rightholder, and it is not an absolute or perpetual guarantee. It is issued solely for the purposes of the transaction in which the Item Verification service was requested and completed.
B6. Disputes
B6.1Opening a dispute. The Buyer may open a dispute through the App only within the Inspection Period and before confirming the order, for one of the following reasons: the Item is not as described; the Item is damaged or broken; items or parts are missing; the Item is counterfeit or not authentic; or another issue shown in the App. The Buyer must describe the problem and attach at least one photograph and any other evidence reasonably requested. The sale is final unless the Item is significantly not as described or one of the other reasons above applies; a mere change of mind is not a reason for a dispute. Opening a dispute suspends the completion of the order and the payment to the Seller.
B6.2The Seller's answer. The Seller is informed through the App and has 2 days from the notice to respond. The Seller may accept the return of the Item, or decline it and request a review by Customer Support, giving reasons and evidence. The parties may discuss a different solution in the conversation of the order. If the Seller does not respond within 2 days, the Buyer is refunded in full and may keep the Item.
B6.3Agreement between the parties. A solution agreed between Buyer and Seller in the conversation of the order binds the Provider only once the Provider has confirmed it and implemented it through the App. Until then, the deadlines and procedures of this Part B continue to apply.
B6.4Review by Customer Support. Where the Seller declines and requests a review, or where the parties do not reach an agreement, the Provider's Customer Support examines the statements and evidence of both parties, including the conversation of the order, and decides whether to release the payment to the Seller or refund the Buyer, in full or in part, whether the Item must be returned, and how the return costs are allocated. Both parties must provide the evidence requested by the deadline shown in the App, and failure to do so may be taken into account. The decision of Customer Support is final within the internal procedure of the Physical Marketplace, without prejudice to the rights of the parties before the competent courts and to mandatory law. Customer Support acts under the contractual rules of this Part B and does not act as arbitrator, expert appraiser or judicial authority
B6.5Deadlines. Deadlines are shown in the App for each order. A deadline that would expire at night may be moved to the following morning, as shown in the App. For the avoidance of doubt, the legally relevant deadline for the internal procedures of the Physical Marketplace is the deadline shown in the App for the relevant order.
B7. Returns
B7.1An Item may be returned only where the Seller accepts the return through the App or Customer Support authorises it. The Buyer must not send the Item back outside this procedure.
B7.2Return label. Where the Seller accepts the return, the Seller must generate the return label through the App within 7 days. Where the App so provides, the Seller pays the cost of the return label, as shown in the App before payment; that cost is refunded to the Seller if the label cannot be issued or is refunded by the carrier because it was not used. If the Seller does not generate the label in time, the order is closed in the Buyer's favour: the Buyer is refunded and keeps the Item, and the payment is not released to the Seller.
B7.3Shipment by the Buyer. The Buyer must return the Item within 7 days of receiving the return label, using only the label and carrier provided, returning the same Item with all accessories, documents, certificates and packaging received, packing it adequately and keeping the receipt. If the Buyer does not ship it within that period, the order is considered complete: the Buyer keeps the Item and the payment is released to the Seller.
B7.4The Seller's check. The Seller has 48 hours from delivery of the returned Item to check it and either confirm receipt or contest it through the App, if the returned Item is different from the one shipped, has been replaced, altered, damaged after delivery to the Buyer, is incomplete or is not authentic, giving a description and photographs. If the Seller takes no action within 48 hours, the return is considered received in the expected condition and the Buyer is refunded.
B7.5Contested returns. If the Seller contests the returned Item, the Buyer is informed and has 2 days to accept the contestation or reject it and ask for a review by Customer Support. If the Buyer accepts or does not respond, the payment is released to the Seller. Otherwise clause B6.4 applies.
B7.6Refund after a return. The refund is made to the original payment method and normally appears within 5 to 10 working days. Where the return is due to a reason attributable to the Buyer, or where the App so indicates for the specific return, the refund may be reduced by the shipping costs. Where the Item was sold with Item Verification and the dispute closes against the Seller, clause B5.2(b) applies.
B7.7Abuse. No party may submit false evidence, replace or deliberately damage an Item, make fraudulent claims, abuse the deadlines or put pressure on the other party outside the App. The Provider may suspend a transaction or an Account and recover the losses caused by abuse of the dispute or return procedure.
B8. Payments, payouts, fees and refunds
B8.1Collection on behalf of the Seller. The Seller appoints the Provider as their limited agent for the sole purpose of collecting the price of the Item from the Buyer through Stripe and releasing it to the Seller in accordance with this Part B. Payment of the total amount by the Buyer to the Provider through Stripe fully discharges the Buyer's obligation to pay the price to the Seller. The Provider does not act as agent of the Buyer. Amounts other than the price of the Item are treated in accordance with these Terms and need not be owed to, or collected on behalf of, the Seller.
B8.2Holding of the funds. The Seller does not receive the price immediately after payment. The amounts paid by the Buyer are held through Stripe until the order is completed, cancelled or refunded in accordance with this Part B. Holding the funds does not create a deposit or any banking relationship between a User and the Provider.
B8.3Payout. When the order is completed — because the Buyer confirms it, because the Inspection Period expires without a dispute, or because a dispute or return is resolved in the Seller's favour — the Provider instructs Stripe to transfer the price of the Item to the Seller's Stripe account. The transfer normally reaches the Seller's Stripe balance within 2 business days; Stripe then pays it out to the Seller's bank account according to its payout schedule. The Provider does not control banking, verification and processing times.
B8.4No seller commission. The Seller pays no commission to the Provider on the sale of physical Items, and the transfer corresponds to the full price of the Item, without prejudice to clause B8.6.
B8.5Buyer Protection Fee. The Buyer Protection Fee is the consideration for the services of the Physical Marketplace and is calculated on the price of the Item, as shown in Schedule 1. It covers the processing of the payment, the holding of the funds until completion, the tracking of the order, customer support and the dispute and return procedures described in this Part B. It is not insurance and does not guarantee a refund outside those procedures. It is refunded together with the price whenever the Buyer is refunded in full under this Part B, and is not refunded in the cases of clause B3.6 or where the refund is reduced in accordance with this Part B. The App may describe this fee in a concise form at checkout, provided that such description remains consistent with this clause.
B8.6Withholding, reversal and set-off. The Provider or Stripe may suspend, delay or withhold a payout while a dispute, a refund, a chargeback, a fraud or compliance review, a negative balance, a reporting obligation under clause B2.15 or an investigation into an unlawful Item is pending. If a payment relating to a Sale is reversed, charged back or refunded after the price has been transferred to the Seller, for any reason other than a breach by the Provider, the Provider may recover the corresponding amount from the Seller, including by reversing the Stripe transfer in full or in part or by set-off against future payouts, to the extent permitted by law.
B8.7Refunds. Refunds are made to the original payment method, unless the law or Stripe requires otherwise, and normally appear within 5 to 10 working days, depending on the payment provider. The Provider does not control the time the bank or card issuer takes to show the refund.
B8.8Payout account not enabled. If the payout cannot be made because the Seller's payment account is not enabled, the amount is held until the Seller enables it. If it is not enabled within 90 days of the Provider's notice, the Provider may cancel the Sale and refund the Buyer, or otherwise deal with the amount as permitted by law.
B9. Conduct, protective measures and mandatory law
B9.1Reporting a Listing. The parties to an order may report the Listing from the order in the App, for example as counterfeit, not as described or not fit for sale. Any other User may report the Artwork with which the Listing is associated. Clause 14 applies.
B9.2Prohibited conduct. Users must not offer, buy or ship counterfeit, stolen, unlawful, unsafe or prohibited Items; give false information about identity, payment, tracking, Listings or verification; manipulate prices, conditions, provenance or descriptions; move payments, shipments, returns or disputes outside the App to avoid fees or protections; interfere with Stripe, Shippo, Mail Boxes Etc., the Authentication Center or a carrier; impersonate another person or use documents or accounts belonging to others; or engage in fraud, harassment or conduct intended to cause loss to another User, the Provider or a partner.
B9.3Protective measures. Where the Provider reasonably believes that a User has breached this Part B, has created a fraud or security risk or has acted unlawfully, it may remove or restrict a Listing, cancel a Sale, refund the Buyer, keep the Verification Deposit where permitted by clause B5.2, withhold or recover a payout, restrict the Physical Marketplace functions, suspend or close the Account, recover the losses and costs caused and report the conduct to Stripe, a carrier, a rightholder or a competent authority. Immediate precautionary measures may be taken without notice where reasonably necessary.
B9.4Anti-money laundering. The Provider may carry out, or ask Stripe to carry out, additional identity and source-of-funds checks on Buyers and Sellers, in particular for transactions of a high value, where required by the law on money laundering and the art market or by Stripe's requirements, and may suspend a transaction until the checks are completed.
B9.5Mandatory law. Nothing in this Part B excludes or limits any right, liability or remedy that cannot lawfully be excluded or limited under the law applicable to the User or to the transaction.
B9.6Ranking of Listings. Listings are shown by default in order of publication, newest first, and Users may sort them by date or price. No payment influences the ranking. The Provider may change these parameters, informing Users in the App where required by law.
PART C — ONE&ONLY TERMS
C1. Scope
C1.1This Part C governs the One&Only functions of the App, and in particular the holding, purchase and sale of One&Only by Users. The creation of a One&Only (“Authentichain”) is governed by the One&Only Authentichain Agreement, which the Creator accepts before each Authentichain and which prevails over this Part C for everything concerning Authentichain. In this Part C, “Creator” and “Collection” have the meaning given to them in the One&Only Authentichain Agreement, and “Buyer”, “Seller” and “Listing” refer, mutatis mutandis, to the buyer and the seller of a One&Only and to its offer for sale. Where the One&Only Authentichain Agreement and this Part C both address the same matter, they should be interpreted consistently where possible, and the One&Only Authentichain Agreement prevails only to the extent of an actual inconsistency concerning Authentichain.
C1.2The One&Only functions are available only to Registered Users who are at least 18 years old and have full legal capacity or, in the case of museums, galleries and other entities, act through a duly authorised natural person who meets those conditions (clause 5.5). They are not available in Guest Mode or to profiles operated by automated systems or virtual agents, and the Provider may require the date of birth or other proof of age before allowing their use.
C2. What a One&Only is
C2.1A One&Only on IMBUED is a unique digital token, issued as a single unit, recorded on the Polygon blockchain and associated with an Artwork by means of a data file (“Token Metadata”) containing its title, description, the name of the author of the Artwork and, for a COVER, of the Original Author, a link to a copy of the Artwork file and technical information about the file. The uniqueness of one One&Only per Artwork is ensured by the Provider’s systems. The Provider may support other blockchain networks in the future.
C2.2Holding a One&Only means holding the related digital collectible within the App. Unless expressly stated otherwise in the App at the time of purchase, neither Authentichain nor the purchase of a One&Only transfers the copyright or any other intellectual property right in the Artwork, which remains with its author or rightholder, and the holder of the One&Only receives only the rights expressly described in the App at the time of purchase. A One&Only sale never includes any physical item or shipment, whatever is stated in the Listing. Any licence or permission expressly granted to the holder of a One&Only is limited to the extent, territory, duration and purposes stated in the App or, if none are stated, to personal, non-commercial display within the functionality of the App.
C2.3One&Only Authentichained in the App do not provide creator royalties on subsequent sales, additional utilities, access rights or experiences, and do not expire, unless expressly stated in the App for a specific One&Only.
C2.4The copy of the Artwork file and the Token Metadata are stored on servers operated by or on behalf of the Provider; the blockchain records only a link to them. Subject to the statutory conformity obligations applicable to Consumers, the Provider does not guarantee that they will remain hosted indefinitely beyond the life of the Service. If the Provider decides to discontinue the One&Only functions or the App for justified technical, economic or operational reasons, it will give at least 60 days' notice, by email and/or in the App, before removing them, and Users will be able to download a copy of their Artwork files and Token Metadata free of charge in a commonly used and machine-readable format.
C3. The Collection
C3.1To enable the One&Only functions, the Provider associates a Collection with the User's Account. The Collection is created and managed by the Provider through the App, and each One&Only held by the User is recorded to it.
C3.2The Collection can be used only through the App. The User is not provided with the private key or any other credential of the Collection and cannot export them. Every blockchain operation relating to the User's One&Only, including Authentichain and the transfer to a buyer following a sale, is carried out by the Provider through its infrastructure on the basis of the User's instructions given in the App. The User does not need their own crypto wallet or any cryptoassets. The smart contract grants the Provider a technical operator permission over all tokens issued through it, which allows the Provider to transfer a One&Only without any action by its holder. The Provider undertakes to use that permission only to (a) perform transfers to a Buyer following a sale instructed in the App in accordance with this Part C; (b) comply with applicable law or a binding order of a court or public authority; or (c) reverse or remedy a technical error in an Authentichain or transfer, or a confirmed payment fraud or chargeback under clause C4.5. The User acknowledges that this is a custodial and closed-system model and that the availability, transferability and use of One&Only are limited to the features made available by the Provider in the App from time to time.
C3.3One&Only cannot be transferred to external wallets or to other platforms, cannot be withdrawn from the App and cannot be destroyed (“burned”). A One&Only can change holder only through a sale carried out in the App in accordance with this Part C.
C3.4The address of the Collection and the transactions relating to One&Only are recorded on a public blockchain, are visible to anyone and cannot be modified or erased by anyone, including the Provider. Blockchain transactions are irreversible.
C4. Buying a One&Only
C4.1The Buyer of a One&Only pays the price shown in the Listing, in the currency of the Listing (clause C5.1), by card or by the other payment methods offered in the App through Stripe, such as Apple Pay or Google Pay. The Provider does not charge the Buyer any fee in addition to the price, and the network costs of the transfer are borne by the Provider. Where the Buyer pays with a card or account held in another currency, the conversion is made by the Buyer’s bank or card issuer at its own rate and with its own charges, as described in clause B1.2.
C4.2Before paying, the Buyer must confirm in the App that they accept these Terms and that they want to purchase the One&Only. By doing so, the Buyer expressly requests that the transfer of the One&Only be performed immediately and acknowledges that, as the One&Only is digital content supplied immediately and recorded irreversibly on the blockchain, they lose any right of withdrawal once the transfer has been performed, in accordance with Article 59(1)(o) of the Italian Consumer Code, Regulations 36 and 37 of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and any other applicable mandatory consumer law. The Provider confirms the purchase and the Buyer’s express request and acknowledgment on a durable medium (including by email).
C4.3After payment, the Provider transfers the One&Only from the Seller's Collection to the Buyer's Collection. The price is held through Stripe and released to the Seller only after the transfer has been successfully completed on the blockchain. If the transfer fails, the price is not released to the Seller and the Buyer is refunded in full. Where the outcome of a transfer is uncertain, the Provider will verify it on the blockchain, during which the price remains held and is neither released nor refunded. If the transfer has failed, the Listing is automatically restored on the same terms unless the Seller withdraws it.
C4.4Once the transfer has been completed, the Buyer becomes the holder of the One&Only within the App and the Seller ceases to hold it, while the Seller retains the original Artwork post, the provenance record and any other non-transferable content in the App. A completed sale cannot be cancelled.
C4.5No separate dispute period is provided for completed One&Only sales. Disputes relating to payments are handled in accordance with Stripe's procedures. Technical issues affecting the transfer of a One&Only may be reported to info@imbued.art. If a payment is legitimately reversed or charged back after the price has been released, the Seller shall repay the net amount received, and the Provider may set it off against any liquid and payable sum due to the Seller, without prejudice to a Consumer Seller’s statutory right of set-off and right to raise objections under applicable law. Nothing in this clause limits any mandatory rights that cannot be waived under applicable law.
C4.6The Buyer of a One&Only may resell it through the App in accordance with clause C5.
C5. Selling a One&Only
C5.1The holder authorised under clause C5.2 may list a One&Only for sale in the App at a price they set, greater than zero, in the currency of the Seller’s Stripe account, which may be euro, pounds sterling or US dollars, subject to the minimum and maximum amounts accepted by Stripe, with an optional expiry date, and may withdraw the Listing at any time before a purchase is completed, except while a purchase of it is being processed. The Provider sets no maximum price. To list a One&Only, the Seller must complete the Stripe onboarding procedure and accept the Stripe Services Agreement in accordance with clause 18.3.
C5.2The Provider determines which holders may list a One&Only. At present a One&Only may be sold by its current holder, whether that is the Creator who Authentichained it or a User who acquired it from another User. No royalty is paid to the Creator on a resale (clause C2.3). The Provider may enable, restrict or disable resale in the future, also depending on the requirements of the Payment Provider, and will inform Users in the App.
C5.3When a One&Only is sold, the Provider retains a commission of 5% of the sale price, which is deducted from the amount released to the Seller. The Seller appoints the Provider as their limited agent for the collection of the price in accordance with clause B8.1, which applies to One&Only sales mutatis mutandis. Clauses B8.2, B8.6 and B8.7 also apply to One&Only sales mutatis mutandis; where no enabled payout account is available, the amount is held until the Seller restores one. Unless otherwise stated in the App, no separate buyer fee is charged for the purchase of a One&Only.
C5.4The Seller is solely responsible for their tax obligations arising from the sale, and clause B2.15 applies to One&Only sales as well.
C5.5The Provider does not guarantee that a One&Only will be sold, nor its price.
C5.6During deactivation, a pending deletion or a suspension of the Account, the Provider may suspend or withdraw the User's One&Only Listings; a sale completed in the meantime remains valid.
C6. Account deletion
C6.1Warning. The deletion of an Account becomes permanent 28 days after it is requested, and may be cancelled until then (clause 15.4). When the deletion becomes permanent, the Collection associated with the Account and the means of accessing it are permanently removed. The User permanently and irrevocably loses all access to their One&Only, including the ability to sell them, without refund or compensation, and any active One&Only Listing is withdrawn no later than that moment; any sale completed before then remains valid. The One&Only remain recorded on the blockchain but are no longer accessible to the User. A User who wishes to benefit from their One&Only should sell them before deleting the Account. Before the deletion request is confirmed, the App displays a specific warning about the permanent loss of all One&Only held in the Collection, reminding the User that the request may be cancelled within the 28-day period.
C7. Powers of the Provider, risks and liability
C7.1The Provider may at any time, acting reasonably and proportionately, hide a One&Only or an Artwork in the App, remove a One&Only from sale, suspend or cancel a Listing, restrict the functions associated with a One&Only, modify or update the Token Metadata where technically possible, or take any technical measure in respect of a One&Only necessary to comply with the law or with an order of a court or authority or to remedy a technical error, including where the One&Only or the Artwork is, or is reasonably suspected to be, in breach of these Terms, the One&Only Authentichain Agreement, the law or the rights of third parties. Unless prohibited by law, the Provider informs the User concerned in accordance with clause 14.5. Hiding a One&Only in the App does not remove its record from the blockchain. Deleting the Artwork from which a One&Only was Authentichained does not delete or burn the One&Only. These powers concern the functionality, visibility and transferability of the One&Only within the App and do not amount to a representation that the Provider can alter or erase the blockchain record itself. Where a One&Only is permanently hidden, removed or rendered unusable for technical or security reasons not attributable to the Creator, the refund of the Authentichain Fee provided for in clause 8 of the One&Only Authentichain Agreement applies.
C7.2One&Only are digital collectibles intended to support artistic expression and creative communities. They are not financial instruments, securities, investment products, e-money or means of payment, and must not be bought or Authentichained with an expectation of profit. A One&Only may have no market and may lose all or part of its value.
C7.3The User accepts the risks connected with blockchain technology, including malfunction, congestion, forks, attacks or discontinuation of the blockchain or of third-party infrastructure, vulnerabilities in smart contracts or software, and changes in law or regulation affecting One&Only or the App. The Provider is not responsible for these events, without prejudice to clause 23.4.
C7.4The Provider and Stripe may carry out identity, anti-money-laundering, sanctions and other compliance checks in connection with One&Only, and may limit, suspend or terminate access to the One&Only functions if the User does not cooperate or the checks give rise to concerns.
C7.5Where the User is not a Consumer, and to the maximum extent permitted by law, the One&Only functions are provided “as is” and “as available”; where the User is a Consumer, clause 22.1 applies. Clauses 22, 23 and 24 apply to the One&Only functions, and the One&Only Authentichain Agreement applies to Authentichain.
SCHEDULE 1 — FEES
For convenience, the App may summarise the fees in a shorter form in the relevant purchase or listing flow. In the event of discrepancy, this Schedule and the transaction-specific information shown before confirmation prevail, subject to clause 1.5.
Amounts are shown in euro. On the Physical Marketplace they are charged in the currency of the Sale (clause B1.2), and for the sale of One&Only in the currency of the Listing (clause C5.1); fixed amounts keep the same figure in that currency (for example, €0.99 becomes £0.99 or $0.99), as shown in the App before payment. The Authentichain Fee is always charged in euro. All amounts include VAT where applicable. The amount due for each transaction is always shown in the App before payment.
| Item | Amount | Paid by | When |
|---|
Registration and use of the App | Free | — | — |
Listing a physical Item or a One&Only | Free | — | — |
Buyer Protection Fee (physical Items) | Price up to EUR 500: EUR 0.99 + 6% of the price. Price above EUR 500: EUR 30.99 + 3% of the part of the price exceeding EUR 500 | Buyer | At checkout |
Shipping of physical Items | As shown at checkout for the selected carrier and service | Buyer | At checkout |
Return label (accepted returns of physical Items) | As shown in the App before payment | Seller, where the App so provides | Before the label is issued |
Verification Fee (Item Verification) | 2% of the price, minimum EUR 18.00 | Buyer, only if chosen | At checkout |
Verification Deposit (Item Verification) | 2% of the price, minimum EUR 18.00 — refundable under clause B5.2 | Seller, only if offered | When Item Verification is activated |
Commission on the sale of physical Items | None | — | — |
Authentichain Fee (as defined in the One&Only Authentichain Agreement) | EUR 1.50 per Authentichain, network costs included | Creator | Authorised at confirmation, charged when the One&Only is created |
Commission on the sale of a One&Only | 5% of the sale price | Seller | Deducted from the amount released |
Fee for buying a One&Only | None | — | — |
Paid features (e.g. Editor Pro) | As shown in the App before purchase | User | At purchase |
SCHEDULE 2 — SPECIFIC APPROVAL OF CLAUSES
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, by ticking the dedicated box at registration, the User specifically approves the following clauses: 1.5 (order of precedence); 5 (eligibility and minors); 6.5 (activity carried out through the Account deemed to be the User’s); 6.7 (powers of the Provider over profiles and content); 7.3 (consequences of disabling SMS verification); 8.3 and 8.4 (deadlines not suspended by notification preferences; notifications not guaranteed); 9 (rules of conduct); 10.2 and 10.3 (licence on User Content and its duration); 10.9 (loss of projects kept only in the browser); 11 (works of others, Institutional Content, COVERs, exceptions and cultural goods); 12.4 (automated consequences in the marketplace and for One&Only; automatic withholding of shared resources); 14.4, 14.6 and 14.7 (removal of content, time limit to contest decisions and suspension); 15 (suspension, termination and loss of One&Only on deletion); 17.2 (free periods and their end); 18.6 (refusal, suspension or cancellation of payments); 21 (availability and discontinuation of the Service); 22 (disclaimers for non-Consumers); 23 (limitation of liability for non-Consumers); 24 (indemnity); 25 (changes to the Terms); 27.2 (mandatory mediation and exclusive jurisdiction of the Court of Rome for non-Consumers); 28.3 (assignment); B1.4 and B1.5 (role of the Provider and private Sellers); B1.6 and B1.7 (third-party providers and limits on access to the Physical Marketplace); B2.1, B2.2 and B2.3 (private Sellers only, Seller verification and disconnection of the payout account); B2.10 and B2.11 (cancellation and automatic cancellation); B2.14 and B2.15 (cooperation, taxes, reporting and withholding of payouts); B3.4 (no cancellation by the Buyer after the first carrier scan); B3.5 and B3.6 (inspection period, automatic confirmation and non-collection); B3.7 (import duties); B3.8 (failed delivery); B4.1, B4.2 and B4.3 (non-binding delivery estimates, the Provider not acting as carrier, correction of order status); B4.5 and B4.6 (loss or damage in transit, international shipments); B4.7 (passing of risk); B5.2, B5.6 and B5.7 (Verification Deposit, outcome and its finality); B5.8 (nature of the certificate); B6 and B7 (disputes and returns, including the effects of missed deadlines); B8.1 to B8.8 (collection, holding, payout timing, Buyer Protection Fee and the cases in which it is not refunded, withholding, recovery of reversed or refunded amounts, set-off, refunds and payouts to accounts not enabled); B9.3 and B9.4 (protective measures and anti-money-laundering checks); C3 (the Collection); C4.2, C4.3, C4.4 and C4.5 (immediate performance, loss of withdrawal, uncertain or failed transfers, finality and repayment of reversed payments); C5.1, C5.2, C5.3 and C5.6 (withdrawal of Listings, resale, commission, held amounts and suspension of One&Only Listings); C6 (account deletion); C7 (powers of the Provider and risks).
Acceptance at registration. The User accepts these Terms by tapping or clicking the button that continues registration on the registration form, next to the links to these Terms and to the Privacy Policy, and next to the following statement, and specifically approves the clauses listed above by ticking a separate dedicated box next to the statement: “Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, I specifically approve the clauses listed in Schedule 2.” The Community Guidelines form part of these Terms and are available in the App at all times.
“By continuing, I accept the Terms and Conditions of Use (version 2.0) and I confirm that I have read the Privacy Policy.”
Where applicable law requires a separate acknowledgment or express request for specific effects (including, by way of example, the immediate supply of digital content or the loss of a withdrawal right), the App collects it separately in the relevant flow.