1. Purpose and Scope

These terms and conditions of sale (hereinafter "T&Cs") govern the sales of artworks and valuation services carried out on the ArtX platform, accessible at artx.fr.

They apply to any order placed by a buyer (hereinafter the "Buyer" or "Collector") with a seller (hereinafter the "Artist" or "Seller") via our marketplace, as well as to any artificial intelligence valuation service offered by ArtX.

The Buyer acknowledges having read these T&Cs and accepts them without reservation when using the platform. ArtX reserves the right to modify these T&Cs at any time, the applicable terms being those in effect on the date of the order.

2. Products and Services

2.1 ArtX AI Valuation

ArtX offers an innovative automated valuation service based on artificial intelligence and computer vision. This system visually analyzes artworks along 6 vector dimensions:

• CVS : Structured Visual Complexity
• SS : Stylistic Singularity
• OCC : Compositional Organization & Coherence
• IEV : Visual Emotional Impact
• OM : Morphological Originality
• CTA : Apparent Technical Complexity

This valuation is provided for informational purposes only and does not constitute an official appraisal, a guarantee of market value, or a promise of future capital gain.

2.2 Primary and secondary marketplace

The platform connects:

• Primary market : Artists selling their original works directly
• Secondary market : Collectors reselling previously acquired works

ArtX acts as a technical intermediary and does not guarantee the completion of transactions.

2.3 Hierarchy of displayed prices

The price displayed for an artwork is determined according to the following order of priority:

1. Resale price (resale_price): for secondary market works put up for resale by a collector
2. Sale price set by the artist (sale_price): for primary market works
3. AI estimate (price_estimate / valuation): in the absence of a manual price, the system displays the estimate calculated by the valuation engine

This hierarchy guarantees full transparency regarding the origin of the price and enables buyers to clearly distinguish manually set prices from algorithmic estimates.

2.4 Sale eligibility and payment acceptance

For an artwork to be put up for sale and receive payments on ArtX, the following conditions must be met:

• Stripe Connect setup: The artist must have set up and validated their Stripe Connect payment account
• Active accepts_payments status: The artist profile must be authorized to receive payments (verified by ArtX)
• Artwork marked as sellable (is_buyable): The artist must have explicitly enabled the sale of the artwork
• Price set: The artwork must have at least an AI-estimated price or a manually set price

These prerequisites guarantee the security of transactions and compliance with legal payment obligations. Unverified artists or those who have not completed their Stripe Connect setup may display their artworks but cannot receive payments until these conditions are met.

3. Prices and Payment

3.1 Displayed prices

Prices are shown in euros (€), all taxes included. They include VAT applicable at the rate in effect on the order date. Shipping costs are calculated separately and shown before the order is confirmed.

3.2 Payment terms

Payment is made by credit card via our secure payment provider, Stripe. Payment is due immediately upon order confirmation.

Stripe charges transaction fees (approximately 1.4% + €0.25 per transaction in Europe), already included in the final displayed price.

3.3 ArtX commissions and subscriptions

Available subscription plans:

Management of artists by galleries:

Galleries can:

• Invite existing artists to join their gallery (commission negotiated between gallery and artist)
• Create managed artist profiles (non-registered artists) to upload and sell their artworks
• Set sale prices and manage the publication of their managed artists' works
• Collect their commission according to the terms of the contract with the artist

Secondary market commissions: 8% of the pre-tax sale price, distributed as follows:

• 3% for the ArtX platform
• 5% paid to the original artist (ArtX resale royalty)
• 92% for the reseller

The platform commission applies in addition to any gallery-artist commission. These commissions are automatically deducted during the transaction.

3.4 ArtX resale royalty (secondary market)

On the secondary market, ArtX pays the original artist a resale royalty of 5% of the pre-tax sale price on all resales of their works. This ArtX resale royalty is an internal platform policy aimed at fairly compensating artists on successive resales of their works.

Important distinction: This ArtX resale royalty (5%) is distinct from the legal French droit de suite provided for by European directive 2001/84/EC, which applies only to public auction sales and transactions carried out by art market professionals (galleries, auction houses). Since ArtX is not an auction house, the legal resale right does not apply directly, but the platform has chosen to implement its own artist compensation system on the secondary market.

3.5 Technical payment collection mechanism

ArtX uses the Stripe Connect system in "destination charges" mode to manage payments and transfers:

• The total payment (artwork price + shipping costs) is first collected into ArtX's Stripe account
• The platform commission is automatically withheld (application_fee_amount) according to the rates defined in Article 3.3
• The net amount is transferred instantly to the seller's Stripe Connect account (artist or collector)
• On the secondary market, the artist's resale royalty (5%) is managed by ArtX and paid separately to the original artist within 48 business hours
• Stripe transaction fees (~1.4% + €0.25) are deducted from the total amount including tax

This system guarantees transaction security, traceability of financial flows, and compliance with tax obligations. Stripe acts as a payment services provider and applies its own terms of use, available at stripe.com/legal.

3.6 Gallery and managed artist system

Galleries have advanced features to manage two types of artists:

Later linking of a managed artist to a real account:

If a currently managed artist wishes to create their own ArtX account, the gallery can perform a profile transfer:

1. The artist creates their personal ArtX account
2. The gallery initiates the transfer from their dashboard ("Link to account" section)
3. Automatic transfer: complete profile, artworks, sales history, artist rating
4. New status: the artist becomes a "partner artist" (retains the link with the gallery)
5. Establishment of a new partnership contract if desired (commission, rights)

Important: The sales history and the calculated artist rating are fully preserved during the transfer, ensuring the continuity of the artist's reputation on the platform.

4. Delivery

4.1 Delivery area

Deliveries are made to mainland France, Corsica, Monaco, and European Union countries. Restrictions may apply depending on the dimensions and weight of the artworks.

4.2 Indicative timeframes

Delivery times are given for guidance only and vary depending on the chosen shipping method:

• Standard : 5-7 business days
• Express : 2-3 business days
• Premium with insurance : 24-48h with personalized tracking

These timeframes do not constitute a contractual obligation. ArtX and the seller cannot be held liable for delays attributable to the carrier or to exceptional circumstances.

4.3 Shipping costs and insurance

Shipping costs are calculated based on the weight, dimensions of the artwork, chosen delivery method, and destination. Transport insurance is strongly recommended for artworks valued over €1,000.

5. Right of withdrawal

In accordance with Article L. 221-18 of the French Consumer Code, the Buyer has a period of 14 calendar days from receipt of the artwork to exercise their right of withdrawal, without having to justify any reason or pay a penalty.

To exercise this right, the Buyer must notify ArtX by email at contact@artx.art or via their personal account. The artwork must be returned in its original condition, with its packaging and certificate of authenticity, within 14 days following notification.

The refund will be made within a maximum of 14 days after receipt and verification of the returned artwork. Return shipping costs are the responsibility of the Buyer, except in the event of a defect or non-conformity.

6. Warranties

6.1 Authenticity and certificate

Every artwork sold on ArtX comes with a digital certificate of authenticity issued by the artist and timestamped on the blockchain. This certificate attests to the identity of the artist, the originality of the artwork, and its technical characteristics.

In the event of a dispute regarding authenticity, the Buyer has a period of 6 months from the discovery of the defect to notify ArtX. The platform agrees to facilitate the resolution of the dispute, it being understood that authenticity is the sole responsibility of the seller.

6.2 Condition of the artwork and conformity

The Buyer is required to check the condition of the artwork upon receipt and to report any defect, damage, or non-conformity within 48 hours by email with supporting photographs. After this period, the artwork is deemed conforming and accepted as is.

6.3 Legal warranties

The Buyer benefits from the legal warranties of conformity (Articles L. 217-4 to L. 217-14 of the French Consumer Code) and against hidden defects (Articles 1641 to 1649 of the French Civil Code) under the conditions provided for by law.

7. Liability and limitations

7.1 General limitation of liability

ArtX acts as a technical intermediary between buyers and sellers. As such, the platform cannot be held liable for:

• The accuracy of descriptions provided by sellers
• The authenticity, quality, or conformity of the artworks
• Disputes between buyers and sellers
• Losses or damages resulting from the use of the platform

7.2 AI valuation and estimated value

The valuation produced by the ArtX AI engine constitutes a non-binding algorithmic estimate. It does not constitute an official appraisal, a guarantee of sale price, or a promise of future capital gain. Users acknowledge that:

• The art market is subject to strong fluctuations
• AI can produce assessment errors
• Engine updates may retroactively modify valuations
• An artist's rating may evolve positively or negatively

7.3 Service availability

ArtX strives to ensure the platform's availability 24/7, but does not guarantee any minimum level of service. The platform may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical or infrastructure failure
• Force majeure events (Internet outage, cyberattack, natural disaster, etc.)

7.4 Compensation cap

In any event, ArtX's financial liability is limited to the amount actually received by the platform in respect of the transaction in question, excluding any indirect damage (loss of opportunity, non-material damage, etc.).

8. Personal data and GDPR

The processing of users' personal data is governed by our Privacy Policy, available at any time on the site.

In accordance with the General Data Protection Regulation (GDPR) and French data protection law, users have the right to access, rectify, delete, restrict, port, and object to the processing of their personal data.

These rights may be exercised by email at dpo@artx.art or via the personal account. See Article 13 for specifics related to AI processing.

9. Intellectual property

9.1 Artist's rights to the artwork

The artist retains all of their copyright over the works they put up for sale on ArtX, in accordance with Articles L. 111-1 et seq. of the French Intellectual Property Code. The sale of a physical artwork transfers to the buyer only the material ownership of the object, excluding any exploitation right (reproduction, performance, adaptation).

9.2 License granted to ArtX

By publishing an artwork on the platform, the artist grants ArtX a non-exclusive, worldwide, revocable, and royalty-free license to:

• Display the artwork on the marketplace and promotional materials
• Create thumbnails and optimized previews
• Analyze the image via the AI valuation engine
• Archive the vector fingerprint (see Article 13)

This license automatically ends if the artwork is deleted by the artist, with the exception of anonymized vector fingerprints used to improve the AI engine.

9.3 Prohibition of infringement

The artist guarantees that they are the legitimate creator of the artworks they publish and that they do not infringe any third-party intellectual property rights. Any infringement exposes its author to civil and criminal sanctions. ArtX reserves the right to immediately remove any artwork reported as infringing.

9.4 Ownership of the platform

All elements of the ArtX platform (source code, design, logo, brand, algorithms) are the exclusive property of ArtX and are protected by copyright, trademark law, and trade secret law. Any unauthorized reproduction or use is prohibited.

10. AI valuation system

10.1 Valuation methodology

The ArtX engine analyzes each artwork using a purely visual 6-dimensional vector model (CVS, SS, OCC, IEV, OM, CTA), without taking into account the artist's name, social network, or any previous sales.

The final valuation consists of:

• V0 : Native value of the artwork (based on the 6 dimensions)
• Cote_Artiste : Dynamic coefficient reflecting the average performance of the artist's recent works
• Vfinale : Overall ArtX score = V0 × (1 + α × Artist_Rating)

10.2 Evolution and versioning

The AI engine is regularly improved (new versions v1.0, v1.1, v2.0...). Each valuation is timestamped and versioned, allowing transparent historical tracking. Improvements to the engine may lead to retrospective re-evaluations of artworks, either upward or downward.

10.3 Limitations and warnings

Users expressly acknowledge that:

• AI can make errors in judgment
• Training data may introduce bias
• The art market remains unpredictable and subjective
• ArtX does not guarantee any minimum level of accuracy

11. Secondary market and resales

11.1 Resale principle

Any collector who has acquired an artwork on ArtX may put it back up for sale on the platform via the secondary market. Resale is subject to an automatic revaluation of the artwork by the AI engine (new engine version + evolution of the artist's rating).

11.2 Commissions and detailed resale distribution

On the secondary market, the distribution of the pre-tax sale price is as follows:

• Reseller (collector) : 92% of the pre-tax sale price
• Original artist : 5% of the pre-tax sale price (ArtX resale royalty)
• ArtX platform : 3% of the pre-tax sale price (technical commission)
• Stripe fees : ~1.4% + €0.25 per transaction (deducted from the total including tax)

Concrete example: For a resale at €1,000 pre-tax (€1,200 including 20% VAT), the reseller receives €920, the original artist €50, the platform €30, and Stripe charges approximately €17 (1.4% of €1,200 + €0.25).

The 5% ArtX resale royalty is an internal platform policy aimed at fairly compensating artists on successive resales of their works, independently of the legal French resale right (which only applies to auction houses and professional galleries).

11.3 Payment of the resale royalty to the artist

The 5% ArtX resale royalty is automatically deducted on each secondary market resale and paid to the original artist within a maximum of 48 business hours after confirmation of the transaction. This payment is made directly to the artist's Stripe Connect account, with full traceability.

The artist receives an email notification each time a resale royalty is received, with the transaction details (resale price, date, artwork ID). This information is also available in their personal account under the "Secondary revenue" tab.

11.4 Traceability and history

Each resale is recorded in the artwork's history (blockchain + ArtX database), allowing full traceability of provenance and successive transactions.

12. Certificates and blockchain

12.1 Digital certificate of authenticity

Every artwork sold on ArtX comes with an automatically generated and timestamped digital certificate of authenticity. This certificate contains:

• Verified identity of the artist
• Technical characteristics of the artwork (dimensions, medium, year)
• Unique visual fingerprint (cryptographic hash)
• ArtX valuation score (version + date)
• Ownership history

12.2 Blockchain anchoring (optional)

At the request of the artist or buyer, the certificate can be anchored on a public blockchain via a smart contract, guaranteeing its immutability and decentralized traceability. This option may incur additional costs (gas fees).

12.3 Legal nature of the ArtX NFT

The blockchain certificate (NFT) is solely a digital proof of authenticity. It does not transfer any intellectual exploitation rights to the artwork, which remain the property of the artist. The NFT only confers:

• Proof of ownership of the digital certificate
• Verifiable history of the transaction
• Access to the artwork's timestamped metadata

12.4 Sustainability and limitations

ArtX strives to maintain the blockchain infrastructure and associated metadata but cannot guarantee their indefinite sustainability. In the event of a failure of the blockchain used, ArtX will retain a copy of the certificates in its centralized databases.

13. AI image processing

13.1 Analysis of uploaded images

When an artist uploads an image of an artwork, it is analyzed by the ArtX AI engine, which:

• Extracts a vector fingerprint (embedding) in a 6-dimensional space
• Calculates valuation scores (CVS, SS, OCC, IEV, OM, CTA)
• Compares the artwork to other works in the corpus to assess singularity and style
• Stores the vector fingerprint in pseudonymized form

13.2 Retention and processing of AI embeddings

The vector fingerprints (embeddings) generated by AI analysis are retained in pseudonymized form in the ArtX database under the following terms:

• Retention period: For as long as the artwork is present on the platform, then archived for 3 years after the artwork is deleted for continuous model improvement
• Purpose of processing: Continuous improvement of the valuation model, fraud and counterfeit detection, artistic trend analysis, calibration of vector axes
• AI models used: DINOv2 (Meta), CLIP (OpenAI), ResNet, SAM - Segment Anything Model (Meta), VGG for visual feature extraction
• Data stored: Digital vectors of 512 to 2048 dimensions depending on the model, scores normalized across 6 axes, timestamped metadata (analysis date, engine version), technical identifiers
• Security: AES-256 encryption at rest, access restricted to valuation algorithms only, audit logs of all access

Important: These vector fingerprints are abstract mathematical representations that cannot be used to reconstruct the original image. They are subject to the same security guarantees as personal data and comply with GDPR principles (data minimization, purpose limitation, integrity, and confidentiality).

Artists may request access to their embeddings or their early deletion by contacting dpo@artx.art, provided that such deletion does not compromise the overall operation of the valuation system (ArtX's legitimate interest, GDPR Art. 6.1.f).

13.3 Specific GDPR rights

Artists have a right of access to their vector fingerprints and a right of rectification in the event of a manifest error. However, the right to erasure may be limited when anonymized data is necessary for model training (ArtX's legitimate interest, GDPR Article 6.1.f).

13.4 Non-use for generative training

ArtX commits to never using uploaded images to train generative AI models (Stable Diffusion, DALL-E, etc.). Vector fingerprints are used solely for valuation and comparative analysis.

14. Artist verification

14.1 Verification process

To obtain verified artist status (✓ badge), the user must provide:

• A valid ID document
• Proof of their artistic activity (portfolio, exhibitions, official website)
• A document attesting to their professional status (SIRET, Maison des Artistes, etc.)

ArtX reserves the right to accept or refuse any verification request, without any obligation to provide reasons.

14.2 Benefits of verified status

Verified artists benefit from:

• A visible badge on their public profile
• Better visibility in search results
• The ability to generate blockchain certificates
• A personalized artist rating calculation

14.3 Revocation of status

ArtX may revoke verified status in the event of fraud, counterfeiting, non-compliance with the T&Cs, or inappropriate behavior. This revocation is immediate and without compensation.

15. Applicable law and disputes

15.1 Applicable law

These T&Cs are governed by French law. Any dispute relating to their interpretation or performance falls under the exclusive jurisdiction of the French courts, subject to mandatory jurisdiction rules applicable to consumers.

15.2 Mediation and amicable settlement

In accordance with Article L. 612-1 of the French Consumer Code, in the event of a dispute, the consumer buyer may use a consumer mediator free of charge:

Consumer Mediator CNPM - MÉDIATION DE LA CONSOMMATION
27 avenue de la Libération, 42400 Saint-Chamond, France
www.cnpm-mediation-consommation.eu

The European online dispute resolution platform is also accessible at: https://ec.europa.eu/consumers/odr

15.3 Competent court

Failing an amicable settlement, any dispute will be brought before the competent courts of Paris, unless mandatory provisions to the contrary in favor of consumers apply.

16. Contact

For any questions regarding these terms and conditions of sale, you may contact ArtX: