These terms and conditions of use (indistinctly, the “Terms and Conditions” and/or the “T&Cs”) govern and set forth the terms, conditions, scope, limitations, rights and obligations applicable to the access, download, installation, browsing, registration, wallet connection, participation in events, use of geolocation functionalities, QR code scanning, reward claiming, use of augmented reality tools and, in general, any interaction that an individual or legal entity (hereinafter, the “USER”) carries out with respect to ArtFi, its mobile applications, websites, admin dashboards, interfaces, programs, computer systems, content, integrations, technological tools and any associated functionalities, as well as the services related thereto (jointly, the “PLATFORM” and/or the “SERVICES”), offered, managed, made available and/or operated by the entity that owns ArtFi (hereinafter, “ARTFI”), whether directly or through third parties.
These T&Cs, together with the privacy notice, legal notices, risk disclaimers, operational guidelines, event-specific rules, access policies, jurisdictional restrictions, licenses applicable to artistic content, and any other policy, document or provision that ARTFI publishes, notifies or makes available to the USER through the PLATFORM itself or by any enabled electronic means, constitute the entire, complete, valid and binding agreement between ARTFI and the USER, and establish the general conditions pursuant to which the USER may access and use the SERVICES available on or accessible through the PLATFORM.
By accessing, browsing, registering, connecting a wallet, enabling location functionalities, participating in an event, traveling to physical locations, scanning a QR code, claiming a reward, receiving tokens or NFTs, using augmented reality functionalities or, in general, performing any act within or through the PLATFORM, the USER acknowledges that they have read, understood and expressly, freely, knowingly and unconditionally accepted these T&Cs, agreeing to be bound by all of their terms.
For purposes of these T&Cs, the words and expressions capitalized herein shall have the meanings assigned to them below, unless the context clearly requires otherwise.
“DIGITAL ASSETS” means any tokens, NFTs, crypto-assets, digital units recorded on a blockchain, or programmable assets compatible with the infrastructure supported by the PLATFORM.
“AFT” or “ARTFI TOKEN” means the fungible token used within the ARTFI ecosystem as a reward for participation in events, without this, in and of itself, implying any promise of return, investment, corporate right, financial instrument or negotiable security.
“BLOCKCHAIN” means the distributed ledger system, whether public or permissioned, as applicable, in which transactions relating to a given DIGITAL ASSET are validated, recorded, verified and preserved.
“ACCOUNT” means the logical profile, operational record or enabled access within the PLATFORM that allows a USER to be associated with certain functionalities, participation history, claims, rewards, technical records or authentication mechanisms.
“EVENT” means any activity, experience, treasure hunt, scavenger hunt, artistic activation, promotional activity or physical or hybrid experience organized, operated, managed or enabled through the PLATFORM, in which USERS may participate in accordance with the applicable specific rules.
“GEOLOCATION” means the set of data, coordinates, signals, proximity validations, GPS verifications or similar information used to determine whether the USER is within a specific physical radius necessary to enable certain functionalities of the PLATFORM or to claim rewards.
“NFT” means any non-fungible token minted, created or distributed on blockchain, linked to a collection, event, artist, work, digital content or specific experience within the ARTFI ecosystem.
“PLATFORM” means the set of applications, interfaces, software, augmented reality tools, developments, dashboards, websites, APIs, integrations, technological infrastructure and other digital components made available by ARTFI.
“REWARDS” means any digital assets, tokens, NFTs, digital benefits, recognitions or incentives granted to USERS in connection with their participation in an EVENT.
“SERVICES” means the technological, operational, promotional and functional services provided by ARTFI through the PLATFORM, consisting primarily of enabling gamified experiences, location-based treasure hunts, physical-presence validation, use of augmented reality, NFT minting or distribution, and delivery of digital rewards linked to physical or hybrid events.
“USER” means any individual or legal entity that accesses, browses, interacts with, participates in, registers on, connects a wallet to, uses geolocation functionalities, or otherwise uses the PLATFORM or the SERVICES.
“WALLET” means the digital, external, personal or corporate wallet connected by the USER to the PLATFORM for authentication, receipt of REWARDS or blockchain interaction purposes, with respect to which ARTFI has no access to the USER’s private keys.
Definitions stated in the singular shall include the plural and vice versa where the context so permits. Headings and section numbers are included solely for purposes of order and reference and shall not affect the interpretation of the content.
The processing of information shall be carried out in accordance with applicable law, including, without limitation, the Federal Law on Protection of Personal Data Held by Private Parties (Mexico), as well as, where applicable, the General Data Protection Regulation (GDPR) of the European Union and any other applicable provisions.
The USER acknowledges that, due to the digital and potentially international nature of the PLATFORM, the processing of information may involve multiple jurisdictions, including those in which users, servers, technology providers or markets in which assets are offered are located.
The mere reference to, access to, browsing of, interaction with, or use of the PLATFORM, including, without limitation, the use of any site, subdomain, interface, panel, dashboard, mobile application, content, functionality, module, augmented reality tool, geolocation system or QR scanning mechanism related to ArtFi, as well as participation in any EVENT or the claiming of any REWARD, shall imply express acceptance of these T&Cs and the related policies.
Whenever these T&Cs refer to the USER, such term shall include any visitor, participant, event attendee, person who connects a wallet, person who uses limited or full functionalities of the PLATFORM, or any entity that uses ARTFI’s technological infrastructure on its own behalf or on behalf of third parties.
Accordingly, before carrying out any access, connection, use or interaction with the PLATFORM, the USER must carefully read these T&Cs and the privacy notice. If the USER does not agree, in whole or in part, with them, the USER must refrain from accessing, installing, browsing or using the PLATFORM.
ArtFi is a technological tool and a gamified platform based on location, augmented reality and blockchain technology, designed to connect physical art-related events with digital collectibles and token- and NFT-based rewards.
The PLATFORM allows authorized administrators or organizers to create EVENTS associated with artists, physical locations, participation parameters and reward-distribution rules, so that USERS may physically participate in search, location and claiming activities involving virtual objects, digital eggs or equivalent elements deployed at physical locations verifiable through geolocation, QR scanning and augmented reality tools.
The PLATFORM is not an exchange, is not a fiat-to-crypto conversion gateway, is not a platform for the purchase or sale of digital assets, is not a financial institution, is not an investment services provider, is not a DeFi platform, is not a lending protocol, is not a custodian of the USER’s wallets, is not a broker-dealer, and does not constitute a public offering mechanism for securities, token sale, initial coin offering or equivalent scheme.
ARTFI states, and the USER acknowledges and accepts, that the SERVICES are limited to providing technological, operational and experiential infrastructure for participation in EVENTS and for the distribution of digital REWARDS linked to such participation, without implying any promise of economic return, financial utility, guaranteed resale, appreciation in value, or advice of any kind.
Depending on the USER’s country of residence, nationality, actual location, event location, regulatory restrictions or any other connecting factor, certain functionalities of the PLATFORM may not be available, may be limited, or may not be used. It is the sole responsibility of the USER to verify that access to and use of the PLATFORM is lawful and permitted pursuant to the legislation applicable to the USER.
In order to access and use the SERVICES, the USER must be of legal age and have sufficient legal capacity to be bound by these T&Cs. ARTFI may additionally establish higher minimum age requirements for certain EVENTS, whether for safety reasons, venue conditions, organizer guidelines or applicable legal restrictions.
If the USER acts in the name and on behalf of a legal entity, trust, foundation, DAO, organizer, venue, gallery, artistic collective or any other entity or legal vehicle, the USER represents, under oath, that they have sufficient authority to bind such entity, and shall be liable to ARTFI for any falsehood, insufficiency or limitation in such representation.
The USER acknowledges that, prior to using the PLATFORM, they have, on their own account, conducted the technical, operational, legal, tax, physical and regulatory analysis they deem necessary or advisable with respect to the use of the SERVICES, the nature of the REWARDS involved, the physical EVENTS, the applicable jurisdictions and the risks inherent in blockchain technology, augmented reality and movement through physical spaces.
Access to certain functionalities of the PLATFORM may require the connection of a compatible WALLET, the signing of electronic messages, the registration of a username or alias, the enabling of location permissions on the device, or compliance with any other authentication, authorization, consent or whitelisting mechanism implemented by ARTFI from time to time.
The USER agrees that authentication may be carried out through cryptographic signature, wallet connection, public address validation, device validations, physical-presence verifications or any other technological method compatible with the architecture of the PLATFORM, and expressly acknowledges that such mechanisms shall produce binding effects equivalent to a declaration of intent issued by electronic means.
ARTFI may, at its sole discretion, deny, limit, condition, restrict, suspend or revoke access to the PLATFORM, even without cause, whenever it deems it appropriate for operational, regulatory, security, reputational, risk, compliance, technical maintenance or any other legitimate reason.
Participation in EVENTS may be conditioned upon the USER’s physical presence in a specific geographic area, GPS proximity validation, QR code scanning, EVENT availability, compliance with its specific rules, participant caps and any other parameters determined by ARTFI or the relevant organizer.
The USER acknowledges that validation of location, proximity and eligibility to claim REWARDS depends on various technical factors, including GPS signal, connectivity, device accuracy, environmental interference, operating system settings, location permissions and other circumstances beyond ARTFI’s reasonable control.
Accordingly, ARTFI does not guarantee that the USER will be able to locate, unlock, view, scan or claim any or all virtual objects, eggs, NFTs, tokens or REWARDS available within an EVENT.
The REWARDS granted through the PLATFORM may consist of AFT, NFTs or other digital assets determined in accordance with the rules of each EVENT. The USER acknowledges and accepts that such REWARDS are contingent, limited, subject to availability, subject to technical validation and, where applicable, subject to randomization or rarity criteria previously defined by ARTFI or authorized organizers.
ARTFI does not guarantee the delivery of any specific REWARD, any specific level of rarity, any market value, liquidity, financial utility, resale possibility, appreciation, acceptance in third-party markets or any economic benefit whatsoever derived from receiving AFT or NFTs.
Unless expressly provided otherwise, NFTs distributed to USERS constitute digital collectibles linked to a specific EVENT, artist or experience. Ownership of the NFT does not imply assignment, transfer or broad license over the intellectual property rights underlying the work, image, design, 3D model, artistic content or associated material, except to the minimum and express extent established in writing by ARTFI.
ARTFI has no access to the USER’s private keys, seed phrases or wallet-control credentials. Any wallet interaction is initiated by the USER through cryptographic mechanisms compatible with the PLATFORM.
The PLATFORM does not manage funds deposited by the USER, does not receive deposits from the USER in order to generate returns, does not execute purchases and sales among users, does not provide swap services, does not maintain custodial balances on behalf of the USER and does not operate payment or investment accounts for the USER.
The USER acknowledges and agrees that AFT and the NFTs granted in the context of the PLATFORM constitute participation rewards and digital interaction or collectible items, and should not be interpreted by the USER as investment products, financial instruments, securities, equity interests, credit rights, promises of profit or assets with guaranteed yield.
The USER acknowledges and agrees that the use of DIGITAL ASSETS, blockchain, wallets, smart contracts, augmented reality tools, geolocation and in-person dynamics entails significant technical, operational, physical, legal, tax, regulatory, economic and personal-safety risks, some of which may be foreseeable and others not.
The value of DIGITAL ASSETS may fluctuate abruptly, and may increase, decrease or even drop to zero. The execution of operations may be affected by network congestion, increased gas fees, smart contract errors, vulnerabilities, minting failures, distribution delays, RPC unavailability, failures by third-party providers, regulatory changes or circumstances beyond ARTFI’s control.
Likewise, the USER acknowledges that participation in physical EVENTS entails risks inherent in traveling to specific locations, moving through public or private spaces, exposure to weather conditions, terrain irregularities, vehicular traffic, interaction with third parties, theft, loss, accident, injury, signal interference, location errors, spoofing, invalid QR codes, participant saturation or any other event that could affect the USER’s integrity, property or experience.
The USER participates in EVENTS at their own account, risk and responsibility, and releases ARTFI, to the maximum extent permitted by law, from any liability arising out of accidents, injuries, physical harm, property losses, theft, conflicts with third parties, access restrictions at venues, signal failures or any other contingency related to attendance at or participation in EVENTS.
The USER acknowledges and agrees that certain dynamics of the PLATFORM may include elements of randomization, including, without limitation, rarity levels, prize allocation, determination of winning QR-code sides, availability of eggs or virtual objects and other parameters predefined for an EVENT.
Such randomization forms part of the ludic and promotional mechanics of the experience and does not, in and of itself, constitute a guarantee of prize, an acquired right to a specific REWARD, a wager, an investment or a promise of obtaining value. ARTFI may modify, limit, suspend or cancel such dynamics whenever it deems it necessary for technical, legal, regulatory, operational or security reasons.
The USER acknowledges that participation in the PLATFORM does not guarantee that the USER will obtain any particular REWARD and that any expectation in that regard shall be exclusively at the USER’s own risk.
The USER declares, warrants and acknowledges that any DIGITAL ASSETS received, used or moved in connection with the PLATFORM, as well as the USER’s conduct within and outside EVENTS, shall comply with law and shall not be related to unlawful activities, fraud, money laundering, terrorism financing, sanctions evasion, hacking, misappropriation, technological manipulation or any other conduct contrary to law.
Likewise, the USER acknowledges that the USER shall be solely responsible for complying with all legal, regulatory, tax, accounting or any other obligations arising from the receipt of AFT, NFTs or other REWARDS, including reporting obligations, classification, tax returns, payment of taxes or asset disclosures.
ARTFI does not perform any individualized regulatory compliance analysis with respect to the USER and does not guarantee that the use of the PLATFORM complies with the rules applicable in any particular jurisdiction. The USER must refrain from using the PLATFORM whenever such use could imply regulatory non-compliance.
ARTFI may refuse to process, enable, allow or maintain any access, participation, REWARD claim or use of the PLATFORM if it suspects, at its sole discretion, that there is a risk of legal non-compliance, sanctions, fraud, abuse, GPS spoofing, technological manipulation, regulatory evasion or any other activity incompatible with its internal policies or applicable law.
The USER agrees that ARTFI may, at any time and without prior notice, limit, suspend, block, restrict, revoke or terminate, in whole or in part, the USER’s access to the PLATFORM and the SERVICES, as well as remove, disable or prevent the use of certain functionalities or participation in certain EVENTS, whenever it deems this necessary or advisable for reasons of security, maintenance, risk, compliance, reputation, internal policies, regulatory changes, suspected fraud, technological manipulation or any other justified cause.
The USER understands and agrees that decisions to block, suspend, revoke or cancel may be based on internal criteria, confidential risk, security or compliance protocols, and therefore ARTFI shall not be obliged to disclose the details of such criteria, methodologies or procedures.
Termination or suspension of access shall not entitle the USER to any indemnity, compensation, loss of profits, moral damages, reputational damages or compensation of any kind.
ARTFI shall not be liable for technical errors whose cause lies outside its reasonable control, nor for damages caused by acts of God, force majeure, acts of third parties, regulatory changes, sanctions, acts of authority, internet failures, GPS failures, signal loss, inability to access locations, scanning errors, unavailability of the blockchain network, smart contract vulnerabilities, delays in minting or distribution, malware, viruses, network congestion or failures of infrastructure providers or third-party services.
ARTFI does not guarantee the continuous and uninterrupted availability of the PLATFORM and may carry out maintenance, updates, migration, improvements, patching or technical suspensions during such periods as it deems necessary.
The USER agrees that ARTFI shall not be liable for loss of REWARDS, loss of DIGITAL ASSETS, loss of data, loss of income, loss of opportunities, loss of profits, indirect, special, incidental, exemplary, punitive or consequential damages, or any harm arising from the use or inability to use the PLATFORM, the cancellation or modification of EVENTS, or the inability to claim REWARDS.
To the maximum extent permitted by law, any aggregate liability of ARTFI toward the USER arising out of these T&Cs or the use of the PLATFORM shall be limited to the amount effectively paid, if any, by the USER to ARTFI for the specific SERVICE giving rise to the claim during the three months immediately preceding the event giving rise to such claim, provided that such limitation is legally admissible.
All software, source code, object code, developments, scripts, interfaces, designs, dashboards, architecture, documentation, trademarks, trade names, logos, texts, manuals, images, videos, sounds, 3D models, .glb or .gltf files, configurations, databases, compilations, graphic materials, audiovisual materials, reports, methodologies, know-how and, in general, any element comprising or forming part of the PLATFORM, are and shall remain the exclusive property of ARTFI or its licensors, artists, collaborators or authorized third parties, and are protected by applicable laws governing intellectual property, copyright, trade secrets and any other corresponding legal protections.
Access to and use of the PLATFORM does not grant the USER any ownership right, implied license, assignment or authorization other than what is strictly necessary for the permitted use of the SERVICES in accordance with these T&Cs. Consequently, the USER may not copy, reproduce, modify, adapt, translate, sublicense, sell, assign, lease, distribute, decompile, reverse engineer, create derivative works from, commercially exploit or otherwise use without authorization any component of the PLATFORM or any artistic content associated with EVENTS.
Unless expressly provided otherwise, receipt or holding of an NFT does not imply any assignment of economic rights over the underlying work, nor any right of commercial exploitation, mass reproduction, merchandising, sublicensing or corporate use of the associated artistic content.
The USER undertakes to keep strictly confidential all non-public information to which the USER has access by reason of the use of the PLATFORM, including technical, operational, commercial, functional, documentary, methodological, security or strategic information relating to ARTFI, its affiliates, artists, organizers, suppliers, licensors, integrators or collaborators.
The USER shall refrain from disclosing, reproducing, sharing, improperly using or exploiting such information for purposes other than those strictly permitted under these T&Cs, and shall adopt reasonable security measures necessary to protect it.
This obligation shall remain in effect throughout the term of the relationship between the parties and for an additional period of ten years following its termination, without prejudice to the fact that information constituting trade secrets or subject to enhanced confidentiality shall remain protected for such longer period as may legally apply.
The processing of personal data, if any, collected by ARTFI shall be governed by the applicable privacy notice. The USER acknowledges that, by the very nature of the PLATFORM, certain technical data, metadata, public wallet addresses, participation history, claim records, transaction hashes, activity logs, QR scanning information and geolocation data may be processed, stored, linked or used for authentication, proximity validation, security, traceability, support, operation, compliance and service improvement purposes.
The USER further acknowledges that wallet addresses are pseudonymous and not necessarily anonymous, and that transactions executed on blockchain may be publicly visible, traceable and verifiable by third parties.
Geolocation information may be used by ARTFI to verify whether the USER is within the permitted radius to unlock certain functionalities or claim REWARDS. ARTFI may limit or prevent the USER’s participation when the USER fails to grant the necessary location permissions or when technical validation is not satisfactory.
Any notice, request, clarification, instruction, communication or message related to the PLATFORM or to these T&Cs may be made by electronic means, including email, dashboard, user interface, in-app messages, publication on the site, push notifications or any other mechanism enabled by ARTFI.
The USER acknowledges and accepts the legal validity of data messages, electronic signatures, cryptographic signatures, wallet connections, electronic confirmations, digital records, logs, hashes and all other technological elements used by ARTFI, all of which shall produce binding and evidentiary effects under applicable law.
ARTFI reserves the right to modify, update, add, delete or restate these T&Cs, as well as any policy, guideline, restriction, functionality, SERVICE or component of the PLATFORM, at any time.
Such amendments shall become effective upon their publication, notification or availability by any reasonable electronic means. The USER’s continued use of the PLATFORM following such amendments shall constitute acceptance thereof.
These T&Cs constitute the entire agreement between ARTFI and the USER with respect to the subject matter regulated herein and supersede any prior communication, understanding or agreement, whether oral or written, relating to the use of the PLATFORM.
If any provision of these T&Cs is declared invalid, illegal or unenforceable by a competent authority, such declaration shall not affect the validity, legality and enforceability of the remaining provisions, which shall remain in full force and effect.
Any tolerance by ARTFI of any breach of any provision shall not constitute a waiver of its right to require compliance therewith at any later time.
The USER accepts and acknowledges that these T&Cs establish the basis of a valid, binding and enforceable legal agreement. The USER declares that the USER has sufficient legal capacity to be bound, has read this document in its entirety, understands the technical, physical and legal scope of the SERVICES, acknowledges the risks inherent in blockchain, DIGITAL ASSETS, geolocation, augmented reality and participation in physical EVENTS, will use the PLATFORM exclusively for lawful purposes, and will not use it for activities prohibited by applicable law.
Likewise, the USER declares under oath that the assets, funds or digital values received, used or moved in connection with the PLATFORM are and shall be of lawful origin, and releases ARTFI from any liability arising from unusual, unlawful, fraudulent or otherwise illegal activities carried out by the USER or by third parties connected with the USER.
The USER acknowledges and agrees that ARTFI may at any time, at its sole discretion, suspend, restrict, modify, discontinue support for, outsource, limit or eliminate products, functionalities, EVENTS or SERVICES, without prior notice and without giving rise to any right of indemnification in favor of the USER.
These Terms and Conditions, as well as any legal relationship arising from access to, use of, browsing of, participation in EVENTS, wallet connection to, claiming of REWARDS from, or any interaction with the PLATFORM, shall be governed by and construed in accordance with the federal laws of the United Mexican States, excluding any conflict-of-laws rule that could refer to the application of foreign law.
Any controversy, claim or dispute arising out of or in connection with these Terms and Conditions, including, without limitation, any matter relating to their interpretation, validity, performance, enforcement, termination or nullity, shall be finally resolved by arbitration administered by the International Court of Arbitration of the International Chamber of Commerce (ICC), in accordance with its Rules in force at the time the request for arbitration is filed.
The seat of arbitration shall be Mexico City, United Mexican States, the proceedings shall be conducted in the English language, and the dispute shall be resolved by one or more arbitrators appointed in accordance with such Rules. The arbitral award shall be final, binding and enforceable upon the parties, and may be enforced in any jurisdiction having competent authority.
Without prejudice to the foregoing, the parties acknowledge and agree that ARTFI may, at any time, seek interim, provisional or urgent relief from competent judicial authorities, including, without limitation, relief related to the protection of intellectual property rights, confidential information, the operational integrity of the PLATFORM, artistic content, 3D models or technological security mechanisms.
The USER expressly acknowledges and agrees that access to and use of the PLATFORM may be subject to legal, regulatory or public policy provisions applicable in the jurisdiction from which the USER accesses the PLATFORM, in which the USER is located or in which the effects of the transactions carried out may arise, including, without limitation, rules relating to digital assets, consumer protection, personal data, event licensing, promotions, raffles, games with a random element, protection of minors, economic sanctions and trade restrictions.
In this regard, it shall be the USER’s sole responsibility to ensure compliance with the laws applicable to the USER, releasing ARTFI from any liability arising from regulatory non-compliance attributable to the USER.
ARTFI does not guarantee that the PLATFORM, its functionalities, EVENTS, REWARDS or related SERVICES are appropriate, lawful or available in all jurisdictions, and may therefore, at any time and at its sole discretion, restrict, limit, condition, suspend or prohibit access to or use of the PLATFORM from certain territories, countries or regions, whether generally or with respect to certain USERS, without giving rise to any right to compensation.
Likewise, ARTFI reserves the right to deny, suspend or terminate access to the PLATFORM whenever it determines that use thereof could entail a regulatory, legal, reputational or compliance risk, including, without limitation, cases in which authorization, registration, licensing or specific regulatory compliance not implemented by ARTFI would be required.
These Terms and Conditions do not constitute an offer of services in jurisdictions where such offering is restricted or prohibited under applicable law, nor do they imply any intention on the part of ARTFI to subject itself to regulatory frameworks other than those expressly adopted by the operating entity.
