Terms of Service

These Terms of Service (“Terms”) govern your use of the Ateliera platform (“Platform”), operated by Ateliera (“Company”, “we”, “us”, “our”). By accessing or using Ateliera, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Platform Overview

Ateliera is an online art marketplace connecting emerging artists (“Artists”) with art collectors (“Collectors”). The Platform facilitates the listing, sale, and delivery of original artwork. Ateliera acts solely as a marketplace facilitator and is not a party to transactions between Artists and Collectors.

2. Accounts & Eligibility

You must be at least 18 years old to use Ateliera. You must provide accurate, complete information when creating an account. You are solely responsible for maintaining the security of your account credentials. Ateliera reserves the right to suspend or terminate accounts at its sole discretion for any reason, including suspected fraud, Terms violation, or inactivity.

3. Artist Obligations

3.1 Verification

Artists must complete a mandatory verification process before listing artwork. This includes providing a photo of their artwork with a handwritten identification note, a photo of their workspace, and an artist statement. Artists may not list artwork until verified and approved by Ateliera.

3.2 Artwork Authenticity

All artwork listed must be the Artist’s original creation. The following are strictly prohibited and will result in immediate account termination:

• Mass-produced prints or factory-made items presented as original art
• AI-generated images presented as physical or hand-made originals
• Plagiarized, copied, or unauthorized reproductions of other artists’ work
• Stolen artwork or artwork to which the Artist does not hold rights
• Misleading descriptions, dimensions, or photographs

3.3 Listing Accuracy

Artists must accurately describe all artwork including medium, dimensions, condition, and any defects. Photographs must accurately represent the artwork. Misrepresentation is grounds for account termination and potential legal action.

3.4 Shipping Obligations

Upon receiving an order, Artists must provide a real postal shipping quote within 5 business days. Once the buyer approves and pays, Artists must ship within 7 business days and provide a valid tracking number. Artists are responsible for safe and professional packaging. Failure to ship within the stated timeframe may result in order cancellation, account suspension, and potential liability for damages.

3.5 Terms Acceptance

Artists must accept the Ateliera Artist Agreement before listing artwork. This agreement covers commission structure, shipping obligations, intellectual property rights, dispute resolution, and all terms outlined herein.

4. Collector Obligations

Collectors agree to provide accurate shipping information and to pay the listed artwork price plus shipping and applicable customs/import duties. Collectors must confirm receipt of artwork within 7 days of delivery. Failure to confirm may result in automatic payment release to the Artist. Collectors may not open fraudulent disputes or attempt to obtain artwork without payment.

5. Commission Structure

Ateliera operates on the following commission structure, applied to the artwork sale price (excluding shipping and customs):

• Gallery (Ateliera): 30% of the artwork sale price
• Partner (if applicable): 5% of the artwork sale price for the first 3 sales, then at the Artist’s discretion
• Artist: Receives the remainder (65% with partner, 70% without)

Shipping costs and customs duties are paid by the Collector and passed through to the Artist. They are not subject to commission. Ateliera reserves the right to modify the commission structure with 30 days notice to active Artists.

6. Payments, Escrow & Payouts

All payments are processed securely. Funds are held in escrow until the Collector confirms receipt of artwork or 7 days after confirmed shipping (whichever comes first). Ateliera will release Artist earnings after the escrow period. Ateliera is not responsible for delays caused by payment processors, banks, international transfer regulations, or currency conversion. Artists are solely responsible for their own tax obligations related to income earned through the Platform.

7. Partner Program

Partners who recruit Artists to Ateliera earn a 5% commission on their recruited Artists’ sales. This commission is automatic for the first 3 sales per Artist, after which the Artist may choose to continue or discontinue the partner relationship. Partners must accept the Partner Program Agreement separately. Partners may not misrepresent Ateliera, make unauthorized promises, or engage in spam or deceptive recruitment practices.

8. Intellectual Property

Artists retain full copyright to their work. By listing on Ateliera, Artists grant the Platform a non-exclusive, worldwide, royalty-free license to display, reproduce, and promote their artwork on the Platform and related marketing materials. This license terminates upon removal of the listing, except for sold works which may remain in sales records and archives. Collectors receive ownership of the physical or digital artwork but do not receive reproduction rights unless explicitly stated.

9. Disputes & Returns

If artwork arrives damaged, is significantly different from the listing description, or is proven to be fraudulent, the Collector may open a dispute within 14 days of confirmed delivery. Ateliera will mediate disputes in good faith. If the dispute is found in the Collector’s favor, the Artist may be required to accept a return and refund the full sale price. Ateliera’s decision in disputes is final and binding. Ateliera’s liability in any dispute shall not exceed the commission retained from that specific transaction.

10. Prohibited Conduct

All users are prohibited from:

• Manipulating sales, reviews, or platform metrics
• Creating multiple accounts or impersonating others
• Harassing, threatening, or discriminating against other users
• Using the Platform for money laundering or illegal activities
• Attempting to circumvent Platform commissions by directing off-platform transactions
• Uploading malware, spam, or harmful content
• Scraping, data mining, or unauthorized automated access to the Platform
• Interfering with Platform operations or security

11. Limitation of Liability

ATELIERA IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Ateliera’s total aggregate liability to any user shall not exceed the total fees/commissions retained from that user’s transactions in the preceding 12 months, or $1,000 USD, whichever is less.
• Ateliera is not liable for: artwork quality, authenticity (beyond our verification process), or condition; shipping damage, delays, or loss; customs seizures or import duties; buyer non-payment (escrow protects against this); international tax obligations; loss of sales due to platform maintenance, downtime, or technical issues; any indirect, incidental, consequential, or punitive damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ateliera, its owners, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: your use of the Platform, your artwork listings or purchases, your violation of these Terms, your violation of any third-party rights (including intellectual property rights), your tax obligations, or any dispute between you and another user.

13. Privacy

Your use of Ateliera is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for details on how we collect, use, and protect your data.

14. Account Termination

Ateliera may suspend or permanently terminate any account at its sole discretion, with or without cause, with or without notice. Grounds for termination include but are not limited to: violation of these Terms, fraudulent listings, failure to ship orders, excessive disputes, conduct damaging to the Platform’s reputation, or extended inactivity. Upon termination: pending payouts for delivered orders will be honored within 30 days; payouts for undelivered orders will be refunded to Collectors; the user’s listings will be removed; the user’s account data will be retained as required by law.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute arising from or relating to these Terms or use of the Platform shall be resolved through binding arbitration in Dubai, UAE, under the rules of the Dubai International Arbitration Centre (DIAC). Each party shall bear its own costs of arbitration. The prevailing party may recover reasonable attorneys’ fees. You waive any right to participate in class action lawsuits against Ateliera.

16. Modifications

Ateliera reserves the right to modify these Terms at any time. Material changes will be communicated to registered users via email at least 30 days before taking effect. Continued use of the Platform after the effective date of modifications constitutes acceptance. If you do not agree with modified Terms, you must discontinue use and close your account.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, Artist Agreement, and Partner Program Agreement (where applicable), constitute the entire agreement between you and Ateliera regarding use of the Platform, superseding all prior agreements.

19. Contact

For questions about these Terms, contact us at hello@ateliera.art