Art Market API is a platform owned and operated by ArtCollection.io LLC, a Delaware limited liability company (the "Company," "We," "Our," or "Us"). The Company operates the Art Market API platform, including the website located at artmarketapi.com and related mobile applications (collectively, the "Platform"). The Platform provides users with art collection management tools, a searchable database of artworks and auction records, artwork valuation services, art market analytics, and related application programming interfaces ("APIs") (collectively, the "Services"). By accessing or using the Services, you agree to be legally bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and the Company.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

These Terms incorporate by reference our Privacy Policy, available at https://artmarketapi.com/privacy, our API Usage Policy, and any additional terms applicable to specific Services you may use.

1.1 Acceptance. By creating an account, accessing the Platform, or using any Services, you represent that you have the legal capacity to enter into these Terms and agree to be bound by them.

1.2 Modifications. We reserve the right to modify these Terms at any time. Material changes will be communicated via email to the address associated with your account or through prominent notice on the Platform at least thirty (30) days prior to the effective date of such changes. Your continued use of the Services following the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services and terminate your account.

2.1 Age Requirement. The Services are intended solely for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years old. If you are under eighteen (18) years of age, you are strictly prohibited from using the Services.

2.2 Entity Users. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to such entity.

2.3 Restricted Jurisdictions. The Services are not available to users in jurisdictions where such services would be prohibited by law. You are responsible for compliance with all local laws applicable to your use of the Services.

3.1 Account Creation. To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy.

3.2 Account Security. You are solely responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You agree to immediately notify Us of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Responsibility. You are fully responsible for all activities that occur under your account, whether or not authorized by you. This includes all API calls made using your API keys and all data accessed through your account.

3.4 Account Termination. We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.

4.1 Company Intellectual Property. The Platform, Services, and all content, features, and functionality thereof, including but not limited to all information, software, code, data compilations, text, displays, graphics, photographs, images, video, audio, design, presentation, selection, and arrangement thereof (collectively, "Company Content"), are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Database Rights. The art market data, auction records, artwork information, artist data, valuation data, and all other data compilations available through the Services (collectively, "Art Market Data") constitute proprietary databases protected under applicable database protection laws, including but not limited to the laws of the European Union and member states providing sui generis database rights. The selection, coordination, arrangement, and enhancement of such content constitutes original works of authorship protected by copyright.

4.3 Trademarks. "ART MARKET API," the Art Market API logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

4.4 License Grant. Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes or personal use, as applicable to your subscription tier.

4.5 Restrictions. You shall not, and shall not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works based on the Services or Company Content;
• Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, underlying ideas, algorithms, structure, or organization of the Services;
• Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Services or Company Content to any third party;
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Services or Company Content;
• Use the Services or Company Content for any purpose that is unlawful or prohibited by these Terms.

THIS SECTION CONTAINS CRITICAL RESTRICTIONS ON DATA USE. VIOLATION OF THESE PROVISIONS MAY RESULT IN IMMEDIATE TERMINATION AND LEGAL ACTION.

5.1 Data Scraping Prohibition. You are strictly prohibited from using any automated means, including but not limited to robots, spiders, crawlers, scrapers, data mining tools, or any other automated device, process, or means to access, retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure, presentation, or content of the Services or Company Content. This prohibition applies regardless of whether such activities are conducted for commercial or non-commercial purposes.

5.2 Data Extraction Prohibition. You shall not extract, download, copy, or store any substantial portion of the Art Market Data, whether through single or multiple queries, automated or manual means, for purposes including but not limited to:

• Creating or supplementing any database, dataset, or data product;
• Training, developing, or improving any machine learning model, artificial intelligence system, or similar technology;
• Providing data services to third parties;
• Competitive intelligence gathering;
• Redistributing or reselling data in any form.

5.3 AI/ML Training Prohibition. Without Our express prior written consent, you shall not use any Company Content or Art Market Data to train, validate, test, or otherwise develop or improve any machine learning model, artificial intelligence system, large language model, neural network, or similar technology, whether for internal or commercial purposes.

5.4 API Rate Limits. API access is subject to rate limits as specified in your subscription agreement. Any attempt to circumvent rate limits, including through the use of multiple accounts, proxy servers, or other technical means, is strictly prohibited and constitutes a material breach of these Terms.

5.5 Monitoring and Enforcement. We employ technical and analytical measures to detect unauthorized data access, scraping, and extraction activities. We reserve the right to immediately terminate access, pursue injunctive relief, and seek damages for any violation of this Section 5.

5.6 Liquidated Damages. You acknowledge that unauthorized data extraction causes substantial harm to the Company that is difficult to quantify. In the event of a breach of this Section 5, you agree to pay liquidated damages of $100 per record accessed, extracted, or copied in violation of these Terms, or actual damages, whichever is greater, plus all costs of enforcement including reasonable attorneys' fees.

6.1 API License. Subject to your compliance with these Terms and payment of all applicable fees, We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the APIs solely in accordance with the documentation provided and your subscription tier.

6.2 API Keys. API keys are confidential and must be protected as trade secrets. You shall not share, publish, distribute, or otherwise disclose your API keys to any third party. You are responsible for all API calls made using your API keys.

6.3 Permitted API Use. You may use the APIs solely to:

• Integrate Art Market Data into your own applications for your internal business purposes or for end-user display as permitted by your subscription tier;
• Access and display Art Market Data to authorized end users in accordance with your subscription agreement.

6.4 API Restrictions. You shall not:

• Use the APIs to create a product or service that competes with the Services;
• Cache, store, or aggregate API responses beyond what is strictly necessary for reasonable application performance (not to exceed 24 hours without prior written consent);
• Resell, sublicense, or redistribute API access or data obtained through the APIs;
• Use the APIs in a manner that could disable, overburden, or impair the Services;
• Circumvent or attempt to circumvent any rate limits, access controls, or security measures.

6.5 Attribution. When displaying Art Market Data obtained through the APIs, you must provide clear and prominent attribution to Art Market API in a form we specify.

7.1 User Content Definition. "User Content" means any content, data, information, or materials that you submit, upload, post, or transmit through the Services, including but not limited to artwork information, collection data, images, and communications.

7.2 Ownership. You retain ownership of your User Content. However, by submitting User Content to the Services, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, improving, and providing the Services.

7.3 User Representations. You represent and warrant that:

• You own or have the necessary rights to submit the User Content;
• The User Content does not infringe any third party's intellectual property rights, privacy rights, or other legal rights;
• The User Content is accurate and not misleading;
• The User Content complies with all applicable laws and these Terms.

7.4 Prohibited Content. You shall not submit User Content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• Contains viruses, malware, or other harmful code;
• Infringes any third party's intellectual property or proprietary rights;
• Violates any applicable law or regulation.

8.1 Subscription Fees. Access to certain features of the Services requires payment of subscription fees as described on the Platform or in your subscription agreement. All fees are stated in U.S. dollars unless otherwise specified.

8.2 Payment Terms. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. You authorize Us to charge your designated payment method for all applicable fees.

8.3 Automatic Renewal. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for successive periods of the same duration at the then-current rate.

8.4 No Refunds. Except as required by applicable law or as otherwise specified in these Terms, all fees are non-refundable. No refunds or credits will be provided for partial months of service, downgrades, or unused features.

8.5 Taxes. You are responsible for all applicable taxes, and We will charge tax where required by law.

The Services may contain links to third-party websites or integrate with third-party services. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party websites and services is at your own risk and subject to the terms and conditions of those third parties.

THE SERVICES, COMPANY CONTENT, AND ART MARKET DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY ART MARKET DATA, VALUATIONS, PRICE ESTIMATES, OR OTHER INFORMATION PROVIDED THROUGH THE SERVICES.

YOU ACKNOWLEDGE THAT ART MARKET DATA IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY INVESTMENT, PURCHASE, SALE, OR OTHER FINANCIAL DECISION. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING ANY INFORMATION AND MAKING YOUR OWN INDEPENDENT ASSESSMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services;
• Your User Content;
• Your violation of these Terms;
• Your violation of any third party's rights, including intellectual property rights;
• Any unauthorized access or use of the Services under your account.

13.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact Us at legal@artmarketapi.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute informally by contacting you via email within sixty (60) days.

13.2 Binding Arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator in San Francisco, California.

13.3 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

13.4 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm pending arbitration.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. For any matters not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and its location on the Platform;
• Your contact information;
• A statement that you have a good faith belief that the use is not authorized by the copyright owner;
• A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Contact our Copyright Agent at: legal@artmarketapi.com

16.1 Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services.

16.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

16.3 Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment. You may not assign or transfer these Terms or your rights hereunder without Our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control.

16.6 Notices. We may provide notices to you by email to the address associated with your account or by posting on the Platform. You may provide notices to Us at legal@artmarketapi.com.

16.7 No Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights.

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

ArtCollection.io LLC
(d/b/a Art Market API)
1201 Pine St. #361
Oakland, CA 94607

Email: legal@artmarketapi.com
Website: https://artmarketapi.com