Terms of Service

Please read these Terms of Service carefully before using Atma & Alchemy Art. By accessing or using our platform, you agree to be bound by these terms.

1. Acceptance of Terms

Welcome to Atma & Alchemy Art ("the Platform," "we," "us," or "our"), a curated digital gallery and commerce platform for verified artists and discerning collectors. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Atma & Alchemy Art regarding your access to and use of our website, applications, APIs, and all related services (collectively, the "Services").

By creating an account, submitting an artist application, purchasing artwork, or otherwise accessing any part of the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform.

If you are using the Platform on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you individually and the entity you represent.

We reserve the right to update, amend, or replace these Terms at any time. Continued use of the Platform following notification of any changes constitutes your acceptance of the revised Terms. We will make commercially reasonable efforts to notify registered users of material changes via email or a prominent notice on the Platform.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Platform" means the Atma & Alchemy Art website, mobile applications, APIs, and all associated services operated by us.
• "Artist" means an individual who has been approved through our verification process and is authorized to publish and sell artwork on the Platform.
• "Collector" means any registered user who browses, follows, commissions, or purchases artworks or collections on the Platform.
• "Artwork" means any original creative work — including digital paintings, photographs, illustrations, sculptures (documented), generative pieces, and mixed-media works — uploaded by a verified Artist.
• "Collection" means a curated group of Artworks organized by one or more Artists.
• "Exhibition" means a Collection designated as an exhibition event, either physical (held at a partnered venue) or virtual (hosted within the Platform's online gallery environment).
• "Commission" means a custom Artwork created by an Artist at a Collector's specific request and pursuant to agreed terms.
• "Platform Fee" means the percentage of gross sales revenue retained by Atma & Alchemy Art for facilitating transactions.
• "Revenue Split" means the agreed-upon percentage distribution of sales proceeds among collaborating Artists within a Collection.
• "Content" means any and all text, images, video, audio, metadata, and other materials submitted, uploaded, or published by Users.
• "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, moral rights, and any other proprietary rights recognized under applicable law.

3. Eligibility & Artist Verification

3.1 General Eligibility

You must be at least 18 years of age to use this Platform. By using the Platform, you represent and warrant that you meet this age requirement. If you are a minor in your jurisdiction, you must have verifiable parental or guardian consent before using any paid features.

The Platform is available worldwide except in jurisdictions where its use is prohibited by applicable law, regulation, or sanctions. We reserve the right to restrict access in certain geographic regions.

3.2 Artist Application & Vetting

Becoming a selling Artist on Atma & Alchemy Art requires approval through our curation and verification process. We do not accept open registrations. Every artist application is reviewed by our editorial team and evaluated according to the following criteria:

• Artistic Merit: Portfolio quality, technical skill, and originality of the submitted work. We look for artists with a coherent body of work that demonstrates mastery and a distinct creative voice.
• Identity Verification: We require valid government-issued identification and, where applicable, verifiable professional credentials to ensure the authenticity of each artist's identity.
• Originality Statement: Applicants must confirm that all submitted works are original creations and that they hold all necessary rights to publish, license, and sell those works on our Platform.
• Community Standards: Applicants must agree to uphold the Platform's community standards, including respectful conduct, non-infringement, and compliance with all applicable laws.

We reserve the sole and absolute right to approve or reject any application at our discretion. Rejection does not preclude a future application. We do not provide detailed feedback on rejected applications to protect the integrity of our curation process.

Approved Artists may have their verified status revoked at any time if they violate these Terms, engage in fraudulent conduct, or no longer meet our community standards. Revocation results in immediate suspension of selling privileges and removal of listed artworks pending review.

3.3 Collector Registration

Collectors may register freely by providing a valid email address and creating a secure password. Collectors are not subject to the artistic vetting process but must comply with all applicable sections of these Terms. We reserve the right to suspend or terminate Collector accounts for violations of these Terms.

4. Account Registration & Security

4.1 Account Creation

To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must immediately notify us at security@atmaalchemy.art of any unauthorized use of your account or any other security breach. We cannot and will not be liable for any loss or damage arising from your failure to protect your account credentials.

4.2 Account Restrictions

Each user may maintain only one account per email address. Creating multiple accounts to circumvent platform restrictions, verification requirements, or suspensions is strictly prohibited and will result in permanent banning of all associated accounts.

Accounts are non-transferable. You may not sell, assign, or otherwise transfer your account or any rights therein to any third party.

4.3 Platform Balance & Wallet

Artists maintain a platform wallet balance reflecting accumulated earnings from sales and commissions. Collectors may optionally fund a platform balance for streamlined purchasing. These balances are denominated in USD and are subject to the following conditions:

• Platform balances are not interest-bearing and are not insured by any government deposit protection scheme.
• Withdrawal requests are subject to identity verification and standard processing times of 3–7 business days.
• We reserve the right to withhold funds if we reasonably suspect fraud, chargebacks, or violations of these Terms.
• Balances that remain inactive for 24 consecutive months may be subject to a dormancy fee of up to $5 per month, applied until the balance reaches zero.

5. Artist Obligations & Content Standards

5.1 Originality & Ownership

By uploading any Artwork to the Platform, you represent, warrant, and covenant that:

• The Artwork is an original creation made by you (or, in the case of collaborative works, by the listed collaborating artists).
• You are the sole and exclusive owner of all Intellectual Property Rights in the Artwork, or you have obtained all necessary licenses, permissions, and consents from third parties.
• The Artwork does not infringe the copyright, trademark, right of publicity, privacy, or any other right of any person or entity.
• The Artwork is not defamatory, obscene, or otherwise in violation of applicable law.
• You have not previously sold exclusive rights to the Artwork that would conflict with your right to list it on the Platform.

5.2 Content Quality Standards

Artists agree to upload Artworks that meet or exceed the Platform's quality standards, which include:

• Image resolution of at least 2000 pixels on the longest edge, or equivalent resolution for the medium.
• Accurate and complete metadata including title, medium, year of creation, dimensions (where applicable), and edition information for limited-edition works.
• Honest and complete artist statements and artwork descriptions.
• Watermark-free primary display images (a subtle signature is acceptable).

We reserve the right to remove or request revision of any Artwork that does not meet these quality standards, without prior notice.

5.3 Pricing & Availability

Artists set their own prices in USD. You are solely responsible for the accuracy of your pricing. Once a Collector initiates a purchase, the price is locked and cannot be modified. We encourage Artists to price their works thoughtfully and to remain responsive to collector inquiries.

Artists may adjust prices for unsold works at any time. Significant price reductions on recently listed works (within 72 hours of a sale to another collector) may be flagged for review to protect market integrity.

5.4 Artist Conduct

Artists agree to maintain professional conduct in all platform interactions, including but not limited to:

• Responding to commission inquiries within a reasonable timeframe (we recommend 5 business days).
• Delivering commissioned works on the agreed timeline and to the agreed specifications.
• Communicating honestly and transparently with Collectors regarding availability, timelines, and artistic decisions.
• Not soliciting Collectors to transact outside the Platform in order to circumvent fees.

6. Collector Rights & Responsibilities

6.1 Acquisition Rights

Upon successful purchase of an Artwork or Collection, Collectors receive a non-exclusive, non-transferable (unless explicitly stated otherwise) license to display the acquired Artwork for personal, non-commercial purposes. This license does not include the right to reproduce, distribute, create derivative works, or commercially exploit the Artwork without the express written consent of the Artist.

For limited-edition works, the Collector receives a numbered, authenticated digital certificate confirming their acquisition number within the edition. This certificate is stored in the Platform's permanent acquisition archive.

6.2 Collector Conduct

Collectors agree not to:

• Use acquired Artworks for commercial purposes without the Artist's express written authorization and appropriate licensing agreements.
• Misrepresent the provenance or authenticity of acquired works.
• Reverse-engineer, tamper with, or remove any digital watermarks, metadata, or authentication markers embedded in acquired works.
• Resell acquired Artworks through channels that misrepresent the work's origin or undermine the Artist's reputation.

6.3 Returns & Refunds

All sales on Atma & Alchemy Art are generally final. Because our Artworks are original creative works, we do not accept returns based on aesthetic preference. However, refunds may be issued in the following limited circumstances:

• The Artwork delivered materially differs from its description or displayed images.
• A commissioned work is not delivered within twice the agreed delivery timeframe with no communication from the Artist.
• There is a verified authentication failure or confirmed case of Art fraud.
• A technical error caused a duplicate charge or incorrect purchase amount.

Refund requests must be submitted within 30 days of purchase via support@atmaalchemy.art. We will review each request and issue a decision within 10 business days.

7. Intellectual Property

7.1 Artist Retention of Rights

Artists retain full copyright and all Intellectual Property Rights in their Artworks. Listing an Artwork on the Platform does not transfer ownership of copyright to Atma & Alchemy Art or to any Collector. We are granted only a limited license to display, promote, and facilitate the sale of your Artworks as described in these Terms.

7.2 License to Platform

By uploading Content to the Platform, you grant Atma & Alchemy Art a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, and adapt your Content solely for the purpose of operating and promoting the Platform and its Services. This license includes the right to use thumbnail or preview versions of your Artworks in marketing materials, social media, and editorial content, provided that appropriate attribution is maintained.

This license terminates upon removal of your Content from the Platform, except to the extent that copies have already been distributed or cached by third-party systems.

7.3 Platform Intellectual Property

The Platform's brand, interface design, code, editorial content, and all other non-User Content is the exclusive property of Atma & Alchemy Art and its licensors. You may not copy, reproduce, distribute, or create derivative works based on any Platform content without our express written permission.

7.4 AI-Generated Content Policy

We require full disclosure if any Artwork submitted to the Platform incorporates content generated wholly or substantially by artificial intelligence tools. Partially AI-assisted works (where the Artist exercises significant creative control, curation, and post-processing) may be eligible for listing with appropriate disclosure. Wholly AI-generated works without substantial human creative input are not eligible for listing on the Platform.

Misrepresentation of the nature or origin of submitted work, including concealment of AI generation, is grounds for immediate account termination and forfeiture of any pending earnings.

8. Transactions, Fees & Revenue Sharing

8.1 Platform Commission

Atma & Alchemy Art charges a platform commission on each completed primary sale. The current commission rate is 5% of the gross sale price, deducted automatically at the time of transaction. The remaining 95% is distributed to the Artist(s) according to the applicable Revenue Split. We reserve the right to adjust commission rates with 30 days' notice to active Artists.

8.2 Revenue Splits for Collaborative Works

For Collections with multiple collaborating Artists, the Artists must agree on a Revenue Split prior to listing the Collection for sale. The split is configured by the Collection owner within the Platform's collaboration management interface. Revenue splits must sum to exactly 100% and cannot be modified after a sale has been processed. Disputes between collaborating Artists regarding revenue splits must be resolved between the parties directly; we will not adjudicate such disputes.

8.3 Payment Processing

All transactions on the Platform are conducted in US Dollars (USD). We facilitate payments through our integrated payment infrastructure. Artists and Collectors are responsible for any applicable taxes, duties, or fees imposed by their respective jurisdictions. We do not collect or remit sales tax, VAT, or other transactional taxes on behalf of Artists, unless required to do so by applicable law.

8.4 Payouts & Withdrawal Fees

Artists may request payout of their available balance at any time. Payouts are processed within 3–7 business days of the request. The minimum withdrawal amount is $50.00. Wire transfers to international accounts may be subject to additional processing fees charged by the receiving institution. We do not charge a withdrawal fee for standard ACH transfers to US bank accounts.

8.5 Chargebacks & Fraud

If a Collector initiates a chargeback with their payment provider, the corresponding funds may be withheld from the Artist's balance pending resolution. If the chargeback is resolved in the Collector's favor, the Artist agrees that we may deduct the disputed amount, plus any chargeback fees charged to us, from the Artist's available balance or future earnings. Repeated chargebacks associated with a specific Artist may result in suspension of selling privileges.

9. Exhibitions & Collaborative Works

9.1 Creating Exhibitions

Verified Artists may designate a Collection as a physical or virtual Exhibition from their dashboard. Physical Exhibitions require prior coordination with our curatorial team to arrange venue partnerships, installation logistics, and promotional support. Virtual Exhibitions are hosted entirely within the Platform's online gallery environment and may be activated without prior approval, subject to content standards compliance.

9.2 Physical Exhibition Terms

For Collections designated as Physical Exhibitions, the following additional terms apply:

• The Artist is responsible for the physical preparation and, where required, shipping of works to the designated venue. We may assist with logistics coordination but bear no liability for damage in transit.
• Physical Exhibition venues operate under separate agreements with Atma & Alchemy Art. Venue-specific terms will be communicated to the Artist prior to the event.
• Sales of physical works at exhibitions are subject to the standard Platform commission and are processed through the Platform's payment infrastructure.
• Artists may not conduct direct, off-platform sales at Platform-affiliated physical events.

9.3 Virtual Exhibition Standards

Virtual Exhibitions must meet the same content quality standards as regular Artworks. Artists hosting Virtual Exhibitions agree to maintain the Exhibition's online gallery in an accessible state for the duration of the Exhibition period. Collectors who have purchased works from a Virtual Exhibition retain permanent access to their acquired pieces through the Platform's collection management interface.

9.4 Collaboration Ethics

When creating collaborative Collections or Exhibitions, Artists must have explicit consent from each collaborating party before adding them to a Collection. Collaborators receive dashboard notifications when they are added and must accept the collaboration terms within 7 days, or be automatically removed. Collaborating Artists have visibility into revenue splits but do not have the authority to modify them unless they are the Collection owner.

10. Prohibited Content & Conduct

The following types of Content and conduct are strictly prohibited on the Platform:

10.1 Content Prohibited at All Times

• Child sexual abuse material (CSAM) or any content that sexually exploits minors.
• Content that depicts, glorifies, or incites real-world violence, terrorism, or genocide.
• Content that infringes on any third party's copyright, trademark, or other Intellectual Property Rights.
• Plagiarized or misrepresented works, including works generated by AI systems presented as wholly original human-made art without disclosure.
• Content designed to deceive, defraud, or manipulate Users of the Platform.
• Malware, phishing, or other technically harmful content embedded in files or links.

10.2 Prohibited Conduct

• Creating fake accounts or impersonating another artist, collector, or public figure.
• Manipulating the Platform's discovery or search algorithms through artificial means, including vote rings or coordinated engagement.
• Scraping, crawling, or otherwise automating access to the Platform without our written permission.
• Attempting to circumvent, bypass, or undermine the Platform's security measures, authentication systems, or access controls.
• Interfering with the normal operation of the Platform or its servers, including distributed denial-of-service attacks.
• Using the Platform to transmit unsolicited commercial communications (spam) to other Users.
• Soliciting off-platform transactions to avoid Platform Fees.
• Reverse-engineering any part of the Platform's software or infrastructure.

10.3 Enforcement

We employ a combination of automated and human review to identify violations of these prohibitions. Violations may result in Content removal, temporary suspension, permanent account termination, and/or referral to law enforcement where required by law. We maintain the right to take any enforcement action we deem appropriate without prior notice.

11. DMCA & Copyright Disputes

11.1 Reporting Infringement

We take copyright infringement seriously. If you believe that Content on the Platform infringes your copyright, please submit a notice to our designated copyright agent at dmca@atmaalchemy.art containing the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, with sufficient detail to permit us to locate it on the Platform.
• Your contact information, including address, telephone number, and email address.
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

11.2 Counter-Notice

If you believe that your Content was removed due to a mistake or misidentification, you may submit a counter-notice to our copyright agent. Upon receipt of a valid counter-notice, we will re-upload the disputed Content within 10–14 business days unless the original complainant notifies us that they have filed an action in a court of competent jurisdiction.

11.3 Repeat Infringers

We will terminate the accounts of Users who are determined to be repeat copyright infringers. We define "repeat infringer" as any User who has received three or more valid DMCA takedown notices within any 12-month period.

12. Privacy & Data Protection

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the processing of your personal data as described in the Privacy Policy.

We implement industry-standard technical and organizational security measures to protect your data. Artists' sensitive financial information is encrypted at rest using AES-256 encryption. We do not sell your personal data to third parties for their independent marketing purposes.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATMA & ALCHEMY ART DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, BE FREE OF ERRORS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE PLATFORM.
• WARRANTIES REGARDING THE ARTISTIC VALUE, INVESTMENT POTENTIAL, OR FUTURE APPRECIATION OF ANY ARTWORK PURCHASED THROUGH THE PLATFORM.

We do not represent or warrant that the Platform will meet your specific requirements, or that any defects or errors will be corrected. You use the Platform entirely at your own risk.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATMA & ALCHEMY ART, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE PLATFORM.
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR ACCOUNT.
• THE CONDUCT OF ANY THIRD PARTY ON THE PLATFORM.
• ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE PLATFORM BY THIRD PARTIES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless Atma & Alchemy Art and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your Content, including any claim that your Content infringes, misappropriates, or violates any third party's Intellectual Property Rights, privacy rights, or other rights.
• Your interaction with any other User of the Platform.
• Your violation of any applicable law, rule, or regulation.
• Any misrepresentation made by you to us or to any other User.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims and not to settle any matter without our prior written consent.

16. Termination

16.1 Termination by You

You may close your account at any time by contacting us at support@atmaalchemy.art. Upon account closure, your Content will be removed from public display within 30 days. However, we may retain copies of your data as required by applicable law or as necessary to resolve pending disputes, enforce these Terms, or for legitimate business purposes.

Artists who close their accounts with pending earnings must provide valid payout details to receive any outstanding balance. Accounts that remain inactive for 24 months without any login activity may be automatically closed with prior notice.

16.2 Termination by Us

We reserve the right to suspend or terminate your access to the Platform, with or without notice, for any reason, including:

• Violation of these Terms or our community guidelines.
• Fraudulent, deceptive, or illegal activity.
• Repeated DMCA violations.
• Actions that harm other Users or the integrity of the Platform.
• Extended periods of account inactivity.

16.3 Effect of Termination

Upon termination, your right to use the Platform immediately ceases. Any provisions of these Terms that, by their nature, should survive termination shall do so, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.

17. Governing Law & Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. If you are a consumer located in the European Union, you may also be entitled to the mandatory protections afforded by the laws of your country of residence.

17.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN COURT PROCEEDINGS.

You and Atma & Alchemy Art agree to resolve any disputes arising out of or related to these Terms or the Platform through final and binding arbitration, rather than in court, except as set forth in Section 17.3. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, conducted in English, and held in Wilmington, Delaware, or by videoconference if agreed.

17.3 Exceptions to Arbitration

The arbitration agreement above does not apply to:

• Claims for injunctive or other equitable relief to prevent unauthorized use or infringement of Intellectual Property Rights.
• Small claims court actions within the jurisdictional limits of such courts.
• Claims that applicable law expressly requires to be adjudicated in court.

17.4 Class Action Waiver

YOU AND ATMA & ALCHEMY ART AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' advance notice of material changes via email to your registered address and through a prominent notice on the Platform. For non-material changes, we may update the Terms without notice and will update the "Last Updated" date at the top of this page.

If you continue to use the Platform after the effective date of any modification, you are deemed to have accepted the revised Terms. If you do not agree to the revised Terms, you must cease using the Platform and may close your account.

19. Contact Information

If you have any questions or concerns regarding these Terms, please contact us: