Terms of Service

artsunami (the “Service”) is a self-service creative studio that helps artists, studios and brands design, generate and issue digital artworks backed by a public authenticity certificate. The Service prepares the artwork files, generates the metadata, and assists the creator in releasing the collection. The creator remains the sole author and owner of every artwork released through the Service.

The Service does not hold the creator’s authentication keys, does not custody funds, and does not act as the issuer of any release.

• You must be at least eighteen (18) years old or the age of majority in your jurisdiction, whichever is higher.
• You must have the legal capacity to enter into a binding agreement.
• You must not be located in, or a resident of, a jurisdiction subject to international sanctions, nor be listed on any sanctioned-persons register.
• You must not use the Service to release works infringing third-party rights, depicting minors in a sexual context, promoting hatred or violence, or otherwise unlawful.

• You retain full ownership of every artwork, layer, script, name and description you upload (collectively, the “Content”).
• By uploading Content, you grant artsunami a non-exclusive, worldwide, royalty-free license to host, process, transform (compression, format conversion, composition) and display the Content strictly to deliver the Service to you.
• You represent and warrant that you own or have secured every right needed to upload, transform and publicly release the Content, including all third-party rights (model releases, licenses, trademarks, font licenses).
• You are responsible for the public availability of your release. Once a release is published, copies of the artwork may be downloaded, mirrored or indexed by third parties beyond our control.

A release published through the Service may be a single work, a limited edition, an open edition, a generative collection, or a physical-and-digital pairing (“Physical+Digital”). In every case:

• You, the creator, are the issuer of the release. You set the price, the supply, the royalty rate and the terms of the release.
• You are responsible for tax treatment of any revenue earned from the release in your jurisdiction.
• For Physical+Digital releases: you commit to ship the physical item to each collector who provides a valid address via the dashboard form, within the lead-time you announced. You handle returns, customs, VAT and consumer-protection obligations in your jurisdiction (in the European Union, including the 14-day right of withdrawal under Directive 2011/83/EU when applicable).
• Releases are technically irreversible after publication. Be sure of the parameters (supply, price, royalty receiver, release window) before confirming.

• The Service may charge a release fee at publication time, scaled with the size of the uploaded files.
• The Service may charge a small percentage of the secondary transfer price when that transfer is routed through the artsunami marketplace. No percentage is charged on the original release.
• Network confirmation fees (paid to operators of the underlying public ledger) are paid by the user directly and are not received by artsunami.
• Current fee schedule is published on the Pricing page and may be updated with at least seven (7) days’ notice.

Public-ledger entries are final by design. Once a release is published, a certificate is issued, or a transfer is confirmed, the operation cannot be reversed by the Service or by the creator. Release fees paid to artsunami are non-refundable once the corresponding files have been pinned to the storage provider, because storage capacity has already been consumed.

For Physical+Digital releases, refund and return policies are set by the creator and apply between the creator and the collector. Where local consumer-protection law grants a mandatory withdrawal right (e.g. the 14-day right under EU Directive 2011/83/EU), the creator must honour it.

For full transparency, the digital authenticity layer of every release relies on a public, append-only ledger (a public blockchain). Specifically:

• The authenticity certificate of each artwork is recorded on a public ledger via an automated program (a “smart contract”) deployed from the creator’s own authentication key.
• The artwork files are stored on decentralised file networks (currently IPFS and/or Arweave).
• Transfers of ownership are recorded on the same public ledger.
• This mechanism is what allows independent verification of authorship, provenance and ownership without relying on artsunami’s servers.

The Service does not provide investment, financial, or tax advice. Authenticity certificates issued through the Service are intended to evidence ownership of a digital artwork. They are not designed, marketed or intended as investments or financial instruments. Their resale value, if any, depends on public demand, which the Service does not guarantee.

• Releasing artworks you do not own or are not licensed to release.
• Depictions of minors in a sexual or sexualised context.
• Content promoting terrorism, violent extremism, or incitement to hatred on protected grounds.
• Operating wash-trading, market-manipulation or money-laundering schemes through the Service.
• Reverse-engineering, scraping, or automated mass-issuance beyond reasonable human use.
• Impersonating another creator, brand, or institution.

Violations may result in immediate, permanent suspension of access to the Service and, where applicable, notification to competent authorities.

If you believe a release published through the Service infringes your rights or violates these Terms, send a takedown notice to the contact address listed in Section 13. A valid notice must contain:

• Your identity and contact information.
• A precise reference to the allegedly infringing release (URL, identifier).
• A description of the right infringed and the basis for the claim.
• A statement made in good faith.

We will assess valid notices and may remove the release from our hosted surfaces (front-end, gallery, search index). Records already written to public ledgers or pinned to third-party file networks may persist beyond our control; we will, however, request unpin and de-indexing where feasible.

The Service is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

The Service relies on third-party infrastructure (public ledgers, file-storage networks, wallet-connection providers, email delivery providers, hosting platforms). Outages, bugs, deprecations or fee changes by these third parties are outside our control.

Royalty enforcement on third-party marketplaces is outside our control. Royalties set through the Service are honoured on artsunami’s own surfaces. Third-party marketplaces honour them on a best-effort basis only.

To the maximum extent permitted by law, artsunami shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of revenue, profits, data or goodwill arising out of or in connection with the Service.

Our total aggregate liability for any claim arising out of or relating to the Service shall not exceed the greater of (a) the total fees paid by you to artsunami in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred euros (€100).

You may stop using the Service at any time. We may suspend or terminate your access if we reasonably believe you have breached these Terms or applicable law, with notice where feasible. Released artworks already recorded on a public ledger continue to exist on that ledger regardless of any suspension. Project files saved locally on your device remain on your device.

These Terms are governed by the laws of England and Wales, without regard to conflict-of-laws principles. The parties shall first attempt to resolve any dispute amicably. Failing amicable resolution within thirty (30) days of written notice, disputes shall be submitted to binding arbitration under the LCIA Rules in London, in English, by a single arbitrator.

Nothing in this section deprives consumers domiciled in the European Union of the protection afforded by mandatory provisions of the law of their country of habitual residence, nor of access to the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

We may update these Terms from time to time. Material changes will be announced on the Service with at least fourteen (14) days’ notice before they take effect. Continued use of the Service after the effective date constitutes acceptance.

For takedown notices, legal correspondence or consumer-protection enquiries, please contact us at legal@artsunami.com (substitute with the address actually monitored before publishing).