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, authentication, wallet connection, participation in EVENTS, use of geolocation functionalities, QR code scanning, augmented reality functionalities, reward claiming, subscription to available SERVICES, interaction with digital assets and, in general, any interaction that an individual or legal entity (hereinafter, the "USER") carries out with respect to ArtFi, its mobile applications, websites, dashboards, interfaces, APIs, software components, technological infrastructure, blockchain integrations, tracking technologies, security functionalities and any associated technological environment (jointly, the "PLATFORM" and/or the "SERVICES"), offered, managed, made available and/or operated by smarkt, LLC, including its affiliates, subsidiaries, successors, assigns, licensors, authorized operators or any entity designated to operate the PLATFORM from time to time (hereinafter, "ARTFI").
These T&Cs, together with the Privacy Policy, Cookie Policy, Subscription and Billing Policy, Acceptable Use Policy, Risk Disclosure Statement, Event Rules, Intellectual Property Notices, operational guidelines, jurisdictional restrictions, promotional terms, security notices and any other policy, document or legal notice published, referenced or otherwise made available by ARTFI through the PLATFORM or any electronic means, constitute the entire, complete and binding agreement between ARTFI and the USER and establish the general legal framework governing access to and use of the SERVICES.
By accessing, browsing, registering, authenticating, connecting a wallet, enabling location services, participating in EVENTS, traveling to physical locations, scanning QR codes, interacting with augmented reality environments, claiming REWARDS, receiving DIGITAL ASSETS or otherwise interacting with any technological environment associated with the PLATFORM, the USER acknowledges having carefully read, understood and expressly, freely, knowingly and unconditionally accepted these T&Cs and agrees to be legally bound by all of their provisions.
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.
"DEVICE" means any computer, smartphone, tablet, wearable device, browser environment, operating system, hardware infrastructure, endpoint, storage medium or technological environment used by the USER to access or interact with the PLATFORM.
"AUGMENTED REALITY" or "AR" means the technological functionality that superimposes digital objects, experiences or interactive content onto the USER's physical environment through supported DEVICES.
"ORGANIZER" means any individual or legal entity authorized by ARTFI to create, sponsor, administer or manage EVENTS through the PLATFORM.
"QR CODE" means any quick response code, encrypted visual identifier or machine-readable code used to validate participation, physical presence, eligibility or REWARD claims within the PLATFORM.
"LOCATION VALIDATION" means the technological verification process through which ARTFI determines whether the USER satisfies the geographic, proximity or physical-presence requirements established for a particular EVENT.
"DIGITAL COLLECTIBLE" means any NFT, tokenized artwork, commemorative collectible, blockchain-based badge or any other blockchain-enabled digital collectible distributed through the PLATFORM.
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.
References to statutes, regulations, blockchain protocols, technological standards or third-party services shall include any amendments, updates or successor provisions thereto. References to the singular include the plural and vice versa whenever the context so requires. Section headings are included solely for convenience and shall not affect the interpretation of these T&Cs.
The mere access to, browsing of, interaction with, registration on, authentication through, connection of wallets to, participation in EVENTS through, claiming of REWARDS from, or use of any website, mobile application, dashboard, interface, augmented reality environment, QR validation mechanism, API, software component or technological functionality comprising the PLATFORM shall constitute the USER's express acceptance of these T&Cs and all related policies incorporated herein by reference.
Whenever these T&Cs refer to the USER, such term shall include visitors, participants, collectors, organizers, artists, sponsors, attendees, wallet holders, licensors, legal entities and any individual or entity interacting with the PLATFORM in any capacity.
The USER represents and warrants that the USER possesses sufficient legal capacity and authority to enter into these T&Cs and agrees that any access to or use of the PLATFORM shall constitute a legally binding electronic agreement enforceable under applicable law.
If the USER does not agree with these T&Cs or any incorporated policy, the USER must immediately discontinue access to and use of the PLATFORM.
ARTFI is a technological platform that combines blockchain technology, augmented reality, geolocation, digital collectibles and gamified experiences to enable USERS to participate in physical or hybrid EVENTS through which they may discover, unlock or receive DIGITAL ASSETS and REWARDS associated with artists, organizers, brands, venues or other authorized participants.
The PLATFORM may include mobile applications, websites, organizer dashboards, administrative interfaces, APIs, QR validation systems, augmented reality environments, blockchain integrations, analytics environments, subscription functionalities, software components, tracking technologies and other technological infrastructure necessary for the provision of the SERVICES.
Authorized organizers may create EVENTS linked to specific physical locations, artists, promotional campaigns, cultural experiences or commercial initiatives, establishing eligibility criteria, participation parameters, geolocation requirements, REWARD distribution mechanisms and other operational rules applicable to each EVENT.
ARTFI is not a financial institution, payment institution, securities intermediary, broker-dealer, exchange, custodial wallet provider, investment adviser, lending platform, decentralized finance (DeFi) protocol, escrow agent, marketplace guaranteeing secondary sales, digital asset valuation platform or provider of financial services.
Nothing contained within the PLATFORM, the SERVICES, the EVENTS or the REWARDS shall be construed as financial, legal, accounting, tax or investment advice, nor as a recommendation to acquire, dispose of or hold DIGITAL ASSETS.
ARTFI provides exclusively technological infrastructure intended to facilitate participation in EVENTS and the distribution of DIGITAL ASSETS associated therewith. ARTFI makes no representation or warranty regarding the economic value, liquidity, transferability, appreciation, market acceptance or future utility of any DIGITAL ASSET distributed through the PLATFORM.
Availability of the SERVICES may vary depending on jurisdiction, applicable law, regulatory restrictions, technological limitations or operational considerations, and ARTFI reserves the right to restrict or disable access in any jurisdiction at its sole discretion.
In order to access or use the SERVICES, the USER must be at least eighteen (18) years of age or the age of legal majority in the USER's jurisdiction, whichever is greater, and possess full legal capacity to enter into binding agreements under applicable law.
If the USER accesses or uses the PLATFORM on behalf of a legal entity, trust, foundation, decentralized autonomous organization (DAO), organizer, venue, gallery, artist collective, sponsor or any other legal vehicle, the USER represents and warrants that the USER has full authority to bind such entity to these T&Cs and shall remain jointly and severally liable for any breach thereof.
Prior to using the PLATFORM, the USER acknowledges having independently evaluated the technical, operational, legal, tax, accounting, regulatory, commercial and cybersecurity implications associated with participation in EVENTS, the receipt of DIGITAL ASSETS, the use of blockchain technology, augmented reality functionalities and geolocation services.
The USER expressly acknowledges that participation in EVENTS, interaction with augmented reality environments, connection of blockchain wallets, receipt of DIGITAL ASSETS and use of geolocation technologies occur exclusively at the USER's own account, risk and responsibility, and that the USER remains solely responsible for determining whether the SERVICES are appropriate for the USER's particular legal, operational, regulatory, tax and commercial circumstances.
Access to certain functionalities of the PLATFORM may require the USER to register an ACCOUNT, connect a compatible WALLET, authenticate through cryptographic signatures, enable location permissions, scan QR CODES, satisfy eligibility requirements or complete any other authentication, authorization or verification procedure established by ARTFI.
Authentication may be carried out through wallet signatures, public-key verification, cryptographic authentication, device validation, geolocation verification, QR validation, multi-factor authentication, biometric authentication (where available), digital certificates or any other technological method compatible with the architecture of the PLATFORM.
The USER represents and warrants that all information provided during registration or authentication shall be accurate, complete and kept up to date throughout the USER's use of the PLATFORM.
The USER shall be solely responsible for maintaining the confidentiality and security of authentication credentials, connected wallets, authentication devices and any associated accounts, and shall immediately notify ARTFI of any unauthorized access or suspected security incident.
ARTFI reserves the right, at its sole discretion, to approve, deny, suspend, limit, revoke or terminate any ACCOUNT or access request whenever reasonably necessary for operational, legal, regulatory, compliance, cybersecurity, fraud-prevention, reputational or technical reasons.
Participation in EVENTS may require the USER to satisfy geolocation requirements, proximity validations, QR CODE scanning, augmented reality interactions, attendance during specified time windows or compliance with additional eligibility criteria established by ARTFI or the relevant ORGANIZER.
The USER acknowledges that participation in EVENTS may involve travel to public or private venues, interaction with third parties, outdoor activities or access to environments over which ARTFI exercises no control.
Validation of physical presence depends upon GPS accuracy, network connectivity, DEVICE compatibility, operating system permissions, environmental conditions, QR readability, blockchain availability and other technological or physical factors beyond ARTFI's reasonable control.
Accordingly, ARTFI does not guarantee that the USER will successfully locate, unlock, scan, interact with or claim every DIGITAL COLLECTIBLE, QR CODE, NFT, TOKEN or REWARD available within an EVENT.
ARTFI reserves the right to suspend, cancel, postpone, relocate or modify any EVENT at any time due to operational, security, legal, regulatory, commercial, force majeure or organizational reasons without generating any obligation to compensate the USER.
REWARDS available through the PLATFORM may consist of AFT, NFTs, DIGITAL COLLECTIBLES or other DIGITAL ASSETS determined in accordance with the specific rules applicable to each EVENT.
The availability, rarity, quantity, distribution methodology and eligibility criteria applicable to any REWARD shall be determined exclusively by ARTFI or the relevant ORGANIZER and may be modified, suspended or discontinued at any time.
The USER expressly acknowledges that no REWARD constitutes an investment, security, financial instrument, deposit, promise of return, ownership interest or guarantee of future value.
ARTFI makes no representation or warranty regarding the liquidity, transferability, interoperability, resale value, scarcity, appreciation, commercial acceptance or future utility of any DIGITAL ASSET distributed through the PLATFORM.
Unless expressly provided otherwise in writing, ownership of an NFT or DIGITAL COLLECTIBLE grants only those rights expressly described in the applicable EVENT rules and shall not transfer any copyright, trademark, moral rights or other intellectual property rights relating to the associated artwork, audiovisual content or creative work.
ARTFI does not hold custody of the USER's wallets, private keys, recovery phrases (seed phrases), authentication credentials or DIGITAL ASSETS.
All blockchain transactions are initiated, authorized and cryptographically signed exclusively by the USER through compatible wallet infrastructure.
ARTFI does not receive deposits, maintain balances on behalf of USERS, execute exchange transactions, facilitate peer-to-peer trading, operate investment accounts, provide custody services or manage DIGITAL ASSETS on behalf of USERS.
Nothing contained in the PLATFORM or the SERVICES shall be interpreted as constituting financial services, payment services, regulated investment activities, brokerage services, custody services or any activity requiring financial authorization unless expressly indicated otherwise by ARTFI.
The USER acknowledges that participation in EVENTS and receipt of REWARDS constitute participation in a technological and promotional ecosystem rather than participation in an investment or financial product.
The USER expressly acknowledges and agrees that participation in EVENTS, use of DIGITAL ASSETS, interaction with blockchain networks, augmented reality environments, geolocation functionalities, QR validation systems, wallet connectivity and any technological component of the PLATFORM involves significant technological, operational, cybersecurity, legal, regulatory, tax, financial, physical and personal risks, many of which may be unforeseeable or beyond ARTFI's reasonable control.
The USER further acknowledges that blockchain networks may experience congestion, forks, protocol modifications, validator failures, consensus failures, smart contract vulnerabilities, RPC interruptions, oracle failures, bridge failures, gas fee volatility, transaction delays, failed executions, permanent transaction recording or other technical events capable of affecting the operation of the PLATFORM or the USER's interaction with DIGITAL ASSETS.
The USER understands that DIGITAL ASSETS, including AFT, NFTs and any DIGITAL COLLECTIBLE distributed through the PLATFORM, may experience substantial fluctuations in value, may become illiquid, may lose all economic value, may not be accepted by third parties and may never develop an active secondary market.
ARTFI makes no representation or warranty regarding the future value, marketability, liquidity, transferability, interoperability, legal characterization or tax treatment of any DIGITAL ASSET distributed through the PLATFORM.
The USER expressly acknowledges that certain functionalities of the PLATFORM incorporate promotional mechanics, gamification dynamics, randomized allocation systems, rarity classifications, probability-based distribution methodologies, limited-availability campaigns and other participation mechanics designed exclusively to enhance the user experience.
Any allocation of REWARDS, NFTs, DIGITAL COLLECTIBLES, AFT or other DIGITAL ASSETS may depend upon predefined algorithms, randomization engines, technical validation mechanisms, availability limits, participation criteria or EVENT-specific rules established by ARTFI or the relevant ORGANIZER.
Randomization mechanisms do not constitute gambling, betting, gaming for consideration, financial investment activities or any promise of obtaining economic value, and shall be interpreted exclusively as technological mechanics supporting promotional or experiential activities.
ARTFI reserves the unrestricted right to modify, suspend, replace, cancel or discontinue any REWARD, rarity classification, promotional campaign, allocation methodology or EVENT mechanic whenever reasonably necessary for operational, commercial, legal, regulatory, technical or security reasons.
Participation in any promotional mechanic does not create any vested right to receive a particular DIGITAL ASSET, rarity level, NFT, TOKEN or REWARD.
The USER represents, warrants and covenants that any DIGITAL ASSETS, funds, wallets, cryptographic addresses and resources utilized within the PLATFORM are derived from legitimate activities and are not linked to money laundering, financing of terrorism, evasion of international sanctions, fraudulent schemes, market interference, cybernetic crimes, unauthorized intrusions, corruption or any conduct prohibited under applicable legislation.
The USER further declares that participation in EVENTS, the acquisition of REWARDS and any interaction with DIGITAL ASSETS strictly adhere to all legal, fiscal, accounting, consumer rights, export restrictions, trade sanctions, anti-bribery and other regulatory requirements applicable to the USER.
ARTFI reserves the right to deploy, at its exclusive discretion, identity authentication protocols, screening against sanction lists, anti-fraud mechanisms, wallet risk assessments, blockchain forensic analysis, geolocation verification, monitoring of transactions or other compliance safeguards deemed necessary to safeguard the PLATFORM's integrity or satisfy regulatory mandates.
ARTFI maintains the unrestricted right to decline, interrupt, reverse (to the extent technically feasible), limit or definitively bar participation upon reasonable suspicion of illicit behavior, technological exploitation, regulatory violations, subversion of EVENT dynamics, GPS manipulation, automated interactions, bot interference, deceptive REWARD acquisition or any action incompatible with these T&Cs.
ARTFI reserves the right, at any time and at its sole discretion, to suspend, restrict, block, revoke, terminate or otherwise limit the USER's access to the PLATFORM, any ACCOUNT, EVENT, DIGITAL ASSET, REWARD or SERVICE, whether temporarily or permanently, with or without prior notice, whenever ARTFI reasonably determines that such action is necessary for operational, legal, regulatory, cybersecurity, fraud-prevention, technical maintenance, reputational, commercial or compliance purposes.
Such measures may include, without limitation, suspension of wallet connectivity, prevention of REWARD claims, cancellation of EVENT participation, restriction of geolocation functionalities, disabling of QR validation mechanisms, termination of subscriptions, limitation of platform functionalities or permanent closure of USER accounts.
The USER acknowledges that decisions adopted pursuant to this Section may be based upon confidential risk assessment methodologies, fraud-prevention mechanisms, cybersecurity protocols, internal compliance procedures or technological monitoring systems that constitute proprietary and confidential information of ARTFI.
Accordingly, ARTFI shall not be obligated to disclose the criteria, algorithms, methodologies, security controls or operational procedures supporting such decisions.
Suspension, restriction or termination shall not create any obligation to compensate the USER for any alleged loss of DIGITAL ASSETS, REWARDS, profits, opportunities, goodwill or any other direct or indirect damages except where expressly required under mandatory applicable law.
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 applicable law, ARTFI's aggregate liability arising out of these Terms and Conditions shall never exceed the total amount actually paid by the USER to ARTFI for the specific SERVICE giving rise to the claim during the three (3) months immediately preceding the event from which the claim arose
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.
For any legal notices, inquiries regarding these T&Cs, technical support, or rights requests, the USER may contact ARTFI through [email protected] or through the designated contact interfaces available within the PLATFORM. Notices sent to ARTFI shall be deemed effective only upon confirmation of receipt.
If any provision of these T&Cs is found by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. Provisions relating to Intellectual Property, Limitation of Liability, Governing Law, and Arbitration shall survive any termination or expiration of these T&Cs.
