Terms and Conditions
1. Who We Are
ArtTern is a digital art-media, discovery, directory, profile, marketing, and professional-visibility platform available at arttern.com (the “Website”). ArtTern is owned and operated by SM Marketing Management LLC, United Arab Emirates (“ArtTern”, “Company”, “we”, “us”, or “our”).
Contact: support@arttern.com or WhatsApp +971 52 220 4964.
2. Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement. If you use the Services for an artist, gallery, studio, company, institution, or other person, you represent and warrant that you are authorised to bind that person or entity and to submit all related information and content.
3. Accounts and Electronic Acceptance
- You must provide accurate, current, and complete information and keep it updated.
- You are responsible for your login credentials and all activity under your account.
- You must notify us promptly of suspected unauthorised access.
- Checkbox acceptance, account registration, order submission, payment, and continued use constitute electronic acceptance. We may retain electronic records showing the date, time, account, IP address, policy version, and acceptance event where permitted by law.
- One person may not impersonate another or create a profile without appropriate authority.
4. The Services
Services may include public profiles, portfolio display, searchable directory placement, editorial or social-media consideration, promotional tools, marketing support, events, open calls, educational resources, AI-assisted tools, and other features introduced from time to time.
Package descriptions identify the features available at the time of purchase. We may improve, replace, reorganise, or discontinue non-essential features. Material changes to a paid service will be handled in accordance with applicable law.
Directory inclusion is not verification, representation, endorsement, certification, agency, employment, partnership, or a guarantee of professional quality. ArtTern is not a party to dealings between users, artists, galleries, collectors, buyers, organisers, or other third parties unless expressly agreed in writing.
5. Prices, Payment, Subscriptions, and Taxes
- Prices, billing periods, included features, and applicable taxes are displayed at checkout or in a written quotation.
- You authorise us and our payment processors to charge the selected payment method for the amount shown.
- Where recurring renewal is expressly enabled and disclosed at checkout, the package may renew at the then-disclosed rate unless cancelled before the renewal date. Cancelling stops future renewal and does not ordinarily create a refund for the current period.
- You remain responsible for taxes, bank charges, currency conversion, and other charges imposed by third parties, except where the law requires otherwise.
- Chargebacks must not be used to avoid a valid payment obligation. Before initiating a chargeback, contact us so we can investigate. We may provide transaction, acceptance, login, delivery, publication, and communication records to the payment provider.
Refund and cancellation rules are set out in our Refund, Returns and Cancellation Policy, which forms part of these Terms.
6. User Content, Ownership, and Licence
“User Content” includes names, biographies, artist statements, images, artworks, videos, logos, trademarks, links, prices, documents, reviews, messages, and any other material submitted or made available through the Services.
You retain ownership of your User Content. You grant ArtTern a worldwide, non-exclusive, royalty-free, sublicensable to our service providers, transferable in connection with a business transfer, licence to host, store, reproduce, resize, crop, format, translate, excerpt, display, publish, distribute, communicate, and promote User Content:
- to operate, secure, improve, and provide the Services;
- to create and display your profile, previews, search results, and promotional features;
- to market ArtTern and promote you, your profile, your work, opportunities, or the ArtTern community through the Website, search engines, newsletters, presentations, advertisements, and ArtTern-controlled social-media channels; and
- to retain reasonable backups, compliance records, and evidence of prior publication.
This operational and promotional licence lasts while the content or account is active and for a reasonable wind-down, backup, legal, and archival period afterwards. Content already lawfully distributed in a campaign, cached by search engines, reposted by third parties, incorporated into a completed publication, or required as legal evidence may remain available to the extent reasonably necessary or technically unavoidable.
AI use is governed separately. Identifiable User Content will not be licensed for training or developing a general AI model merely because you accept these Terms. Any consent-based AI development use will be covered by a separate, clear consent under the AI & Data Use Policy. AI-assisted processing necessary to deliver a feature you request may be performed as described at the point of use and in the Privacy Policy.
Your warranties
You represent and warrant that:
- you own the User Content or hold all permissions, licences, model releases, privacy consents, and other rights necessary for the uses described above;
- the content and information are accurate and not misleading;
- the content does not infringe copyright, trademark, moral rights, privacy, publicity, confidentiality, contractual, or other rights;
- you have permission from every identifiable person shown or described where permission is legally required; and
- the content complies with UAE law and our Community Guidelines.
7. Prohibited Use
You must not use the Services to:
- publish unlawful, false, misleading, defamatory, hateful, discriminatory, obscene, threatening, or privacy-invasive content;
- infringe intellectual-property or other third-party rights;
- impersonate others, manipulate reviews, falsify credentials, provenance, prices, awards, representation, or ownership;
- upload malware, probe security, scrape at scale, harvest personal data, bypass access controls, or interfere with the Website;
- send spam or use contact details for unsolicited mass marketing;
- use ArtTern branding, data, or content to train or build a competing dataset, directory, or AI system without written permission;
- facilitate fraud, money laundering, sanctions evasion, prohibited transactions, or any criminal activity; or
- misrepresent ArtTern as your agent, representative, certifier, sponsor, or partner.
8. Review, Moderation, Suspension, and Removal
We may review, verify, edit for formatting or clarity, refuse, de-index, restrict, suspend, or remove content, listings, or accounts where we reasonably believe there is a legal, safety, quality, authenticity, reputational, payment, policy, or operational concern. We may request identity, authority, provenance, licence, or rights documentation.
We are not obliged to publish every submission or to provide editorial coverage. Promotional and editorial placement remains at our discretion unless a specific deliverable is expressly included in a paid written order.
We may act without advance notice where reasonably necessary to comply with law, an authority, payment-provider rules, security needs, or urgent harm prevention. Where appropriate, we may preserve relevant records and cooperate with lawful requests.
9. Third-Party Services and Transactions
The Website may link to payment processors, social networks, maps, video hosts, analytics providers, galleries, organisers, artists, and other third parties. Their services and terms are independent. We do not control or guarantee third-party content, availability, conduct, authenticity, transactions, shipping, payment, ownership, condition, provenance, or performance. Users must conduct their own due diligence and use written agreements for transactions.
10. Reviews, Ratings, and Feedback
Reviews must reflect genuine experiences and must not be purchased, coerced, retaliatory, fabricated, or posted where there is an undisclosed conflict. We may remove or restrict reviews that violate these Terms, but we do not guarantee that every review is accurate. Feedback or suggestions sent to us may be used without restriction or compensation, provided we do not publicly identify you without permission.
11. Privacy, Cookies, and Marketing
Our Privacy Policy explains how personal data is processed. Our Cookie Policy explains cookies and similar technologies. Direct marketing consent must be collected separately where required, and users may unsubscribe or object at any time. Public-profile information may remain visible and searchable as part of the requested listing service.
12. No Guarantee of Results
ArtTern provides visibility, directory, media, marketing, and technology services. We do not guarantee:
- sales, commissions, representation, followers, leads, rankings, press coverage, invitations, acceptance into events, or any specific commercial result;
- continuous, error-free, or uninterrupted availability;
- that users, content, credentials, artworks, prices, provenance, or opportunities are authentic or suitable; or
- that AI-assisted output will be accurate, original, complete, or suitable for professional reliance.
You remain responsible for reviewing your profile, content, decisions, agreements, and any AI output before use. Nothing on ArtTern is legal, financial, investment, tax, authentication, appraisal, or professional advice.
13. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including mandatory consumer rights.
To the maximum extent permitted by applicable law, ArtTern and SM Marketing Management LLC will not be liable for indirect, incidental, special, punitive, exemplary, or consequential loss; loss of profit, revenue, opportunity, goodwill, data, reputation, anticipated savings, or business; or loss arising from third-party conduct, user transactions, unauthorised account use, content, external links, or events beyond our reasonable control.
To the maximum extent permitted by law, our aggregate liability arising from a specific paid service will not exceed the amount actually paid by you to ArtTern for that service during the 12 months immediately preceding the event giving rise to the claim. For a free service, the aggregate cap is AED 100. This cap does not apply where prohibited by mandatory law.
14. Your Responsibility and Indemnity
To the extent permitted by law, you will defend, indemnify, and hold harmless ArtTern, SM Marketing Management LLC, and their officers, employees, contractors, and service providers from third-party claims, losses, liabilities, penalties, damages, and reasonable legal costs arising from your User Content, your breach of these Terms or law, your infringement of rights, your transactions or promises to others, or your misuse of the Services. We may control the defence of a covered claim, and you must provide reasonable cooperation. This clause does not require a consumer to indemnify us for our own unlawful conduct.
15. Termination
You may stop using the Services and request account closure. We may suspend or terminate access for breach, non-payment, risk, inactivity, discontinuation, or legal requirements. Termination does not cancel accrued payment obligations or provisions intended to survive, including ownership, licences for prior uses and records, disclaimers, liability limits, indemnity, evidence, and dispute provisions.
16. Changes to These Terms
We may update these Terms for legal, security, operational, or service changes. The updated date will be shown above. For material changes, we may provide reasonable notice through the Website, account, or email. Continued use after the effective date constitutes acceptance where permitted by law; if consent is legally required, we will request it.
17. Governing Law and Disputes
These Terms and non-contractual matters arising from them are governed by the laws of the United Arab Emirates. Subject to mandatory consumer rights and any authority with compulsory jurisdiction, the competent courts of the United Arab Emirates shall have exclusive jurisdiction.
Before filing a claim, you agree to send a written description and supporting documents to support@arttern.com and allow 30 days for a good-faith attempt to resolve the dispute, unless urgent relief or a statutory deadline requires earlier action.
18. General Terms
- Entire agreement: These Terms, the order or package description, and incorporated policies form the agreement concerning the Services.
- Priority: A signed written agreement or specific order controls only to the extent it expressly conflicts with these Terms.
- Severability: If a provision is unenforceable, it will be limited or removed to the minimum extent necessary, and the remainder will continue.
- No waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign your rights without our written consent. We may assign the agreement in connection with restructuring, financing, merger, acquisition, or transfer of the relevant business, subject to applicable law.
- Language: Translations may be provided for convenience. Where legally permitted, the English version governs contractual interpretation; however, where UAE law requires reference to Arabic, the legally controlling Arabic text or applicable rule will prevail.
19. Contact
SM Marketing Management LLC — ArtTernWebsite: https://arttern.com
Email: support@arttern.com
WhatsApp: +971 52 220 4964
United Arab Emirates