Terms and Conditions

Last Updated: May 12, 2025

1. Introduction

Welcome to Artfox, a platform connecting artists and clients for commissioned artwork. These Terms and Conditions govern your use of the Artfox platform (the "Platform") and all services offered through our website, mobile applications, and other interactive properties (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you may not access or use the Services.

2. Definitions

Throughout these Terms, we use certain defined terms:

  • Artfox," "we," "us," and "our" refer to Artfox Inc. and its subsidiaries and affiliates.
  • "User," "you," and "your" refer to any individual or entity using our Services.
  • "Artist" refers to a user who offers creative services through the Platform.
  • "Client" refers to a user who commissions artwork or creative services through the Platform.
  • "Content" refers to all text, images, videos, audio, or other material that users submit to or through the Platform.

3. User Accounts

To access certain features of our Services, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information, or for any violation of these Terms.

4. Content Guidelines

Our platform hosts various types of artistic content. We categorize content based on its nature:

  • None ratingContent is appropriate for general audiences, and contains no adult themes or sexual content
  • Non-sexual ratingContent is not sexual in nature, but is not appropriate for minors. This includes artistic nudity or adult themes.
  • Sexual ratingContent is sexual in nature. This includes depictions of sex or erotic themes.
  • Extreme ratingContent is sexual in nature and falls outside of mainstream preferences.

Users can set their visibility preferences for each content category, choosing to show, blur, or hide content based on their comfort level. Artists are responsible for accurately rating their content according to these categories. We reserve the right to modify content ratings or remove content that violates our guidelines.

Prohibited content includes, but is not limited to:

  • Photography, photomanipulation, and live action video
  • Content generated by AI
  • Content involving minors in any sexual context
  • Content promoting illegal activities
  • Content encouraging self-harm or violence

5. Commission Process

Our platform facilitates commissions between Artists and Clients. By using these services:

  • Artists agree to fulfill commissions according to agreed-upon terms
  • Clients agree to provide clear specifications for commissioned work
  • Both parties agree to communicate professionally and respond to communications promptly
  • Disputes will be handled according to our dispute resolution process

6. Payments and Fees

Artfox processes payments using secure third-party payment processors. By using our Services:

  • Clients agree to pay the full amount specified for commissioned work
  • Artists agree to our commission fee structure, which includes platform fees
  • Artfox retains a service fee from each transaction, with remaining funds disbursed to Artists
  • Payment disputes will be handled according to our payment dispute process

Detailed information about our fee structure can be found on our Pricing page.

7. Intellectual Property Rights

Artists retain intellectual property rights to their original content, unless otherwise specified in a written agreement with a Client. By default:

  • Artists grant Clients a license to use commissioned work for personal use
  • Commercial rights must be explicitly negotiated between Artists and Clients
  • Artists may showcase commissioned work in their portfolios unless otherwise agreed

By posting content to the Platform, you grant Artfox a non-exclusive, worldwide, royalty-free license to use, display, and promote your content for the purpose of operating and improving the Services.

8. WARRANTY DISCLAIMERS

THE SERVICES AND ALL CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTFOX EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ARTFOX MAKES NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ARTFOX DOES NOT GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT CREATED BY USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT BY USING THE SERVICES YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE OR OBJECTIONABLE AND THAT, IN THIS RESPECT, YOU USE THE SERVICES AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTFOX OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTFOX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
  • ANY CONTENT OBTAINED FROM THE SERVICES;
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
  • BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
  • ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR
  • THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL ARTFOX'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID ARTFOX IN THE PAST SIX MONTHS.

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ARTFOX HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

A. AGREEMENT TO ARBITRATE

YOU AND ARTFOX AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF OR THE USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") WILL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ARTFOX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

B. ARBITRATION RULES AND GOVERNING LAW

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "AAA RULES") THEN IN EFFECT, EXCEPT AS MODIFIED BY THIS SECTION. THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS SECTION.

11. CLASS ACTION WAIVER

ANY PROCEEDINGS BROUGHT PURSUANT TO THIS SECTION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR ARTFOX WILL BE PERMITTED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR LITIGATE ANY CLAIM AS A REPRESENTATIVE, MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS SECTION'S LIMITATIONS AS TO A PARTICULAR DISPUTE, CLAIM, OR REQUEST FOR RELIEF, THEN THAT DISPUTE, CLAIM, OR REQUEST FOR RELIEF (AND ONLY THAT DISPUTE, CLAIM, OR REQUEST FOR RELIEF) SHALL BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT. ALL OTHER DISPUTES, CLAIMS, OR REQUESTS FOR RELIEF SHALL BE ARBITRATED.

12. Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date at the top of these Terms
  • Sending an email notification for material changes

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

14. Contact Information

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

Artfox LLC
Email: info@artfox.io