Terms of Use

Effective Date: July 18, 2025

Last Updated: July 18, 2025

Welcome to ArtNativ, a platform operated by ArtNativ Inc. (“ArtNativ”, “we”, “us”, or “our”), 

created to enable visual artists to showcase, sell, and receive commissions for original 

artworks to global collectors and buyers. These Terms of Use (“Terms”) govern your use of 

our services, platform, websites, and applications (collectively, the “Services”). By 

registering or using any part of the Services, you (“you”, “Artist”, “User”) agree to be bound 

by these Terms.

• Artist: A user who creates, uploads, or offers original artworks on ArtNativ.

• Collector/Buyer: A user who purchases or commissions artworks through ArtNativ.

• Commissioned Work: A custom-made artwork requested by a buyer through 

ArtNativ.

• Content: All materials (artworks, text, images, videos, etc.) uploaded or posted by 

users.

• Platform: The ArtNativ online service infrastructure including website, dashboards, 

and mobile/web applications.

To use ArtNativ, you must:

• Be at least 18 years old or have parental/guardian consent.

• Provide accurate personal, identification, and payment information.

• Not have been previously suspended or removed from ArtNativ for violation of 

policies.

By registering, you confirm that all submitted information is truthful and that you are 

legally permitted to enter into these Terms.

Artists agree to:

• Upload only original artworks created by them or for which they have full rights to 

distribute and sell.

• Maintain high standards of honesty, professionalism, and responsiveness in all 

buyer interactions.

• Ensure artworks are packaged securely and shipped promptly when required.

• Keep pricing and artwork details accurate and up to date.

• Refrain from engaging in activities that harm the reputation or operations of 

ArtNativ.

ArtNativ grants you a limited, revocable, non-exclusive license to use our platform in 

accordance with these Terms. You may not:

• Attempt to reverse engineer or exploit the platform for unauthorized purposes.

• Collect or harvest any data without express permission.

• Misuse the platform by spamming, phishing, or hacking.

We may, at our discretion, limit or suspend access for breach of these rules.

• You retain full copyright and intellectual property rights to your original artworks 

and content.

• By uploading artworks or content to ArtNativ, you grant ArtNativ a worldwide, 

royalty-free, sublicensable, non-exclusive license to:

o Display, promote, and market your works across our channels.

o Use your content for promotional and archival purposes.

o Share your content with third-party service providers (e.g., courier, payment 

processors) solely for operational purposes.

ArtNativ will never claim ownership of your artwork, but we may watermark or format 

content to preserve integrity and attribution.

• You are responsible for setting prices for listed artworks.

• ArtNativ may suggest pricing tiers to ensure consistency, but final control remains 

with the artist.

• A commission fee will be deducted from each sale or completed custom order. This 

fee will be communicated transparently.

• Artists must not sell or offer listed artworks externally once they are committed to 

the platform, unless designated as non-exclusive.

• Escrow Protection: All payments made through ArtNativ are securely held in 

escrow until the agreed conditions for release are met. This ensures that buyers are 

protected until artworks are received and artists are assured of payment once 

obligations are fulfilled.

• Commissioned Work: For commissioned projects, payouts are made in line with the 

payment schedule agreed upon between the buyer and the artist. The final tranche 

of payment is released upon successful delivery of the commissioned artwork and 

buyer confirmation of acceptance. If the buyer does not provide confirmation 

within five (5) business days of delivery, funds are automatically released to the 

artist.

• Non-Commissioned Work (Ready-Made Art): For ready-made artworks sold 

through the platform, 30% of the payout becomes withdrawable once the order is 

received at an ArtNativ hub. The remaining balance is released after (a) successful 

delivery to the buyer, and (b) the expiry of the seven (7) day return period without a 

return request. If a return request is made within this window, funds remain on hold 

until the return is resolved.

• Artist Responsibilities: Artists must provide accurate payment details and are 

solely responsible for any applicable transfer fees, taxes, or reporting obligations 

under their local jurisdiction.

• Tax Compliance: ArtNativ does not collect or remit artist income taxes, VAT, or 

other taxes unless explicitly required by law.

• ArtNativ coordinates delivery of all sold or commissioned artworks.

• Artists are responsible for shipping artworks to ArtNativ’s fulfillment center unless 

other arrangements are made.

• If ArtNativ arranges pickup, associated costs will be deducted from artist payouts.

• Artists agree to package artwork professionally to avoid damage; failure to do so 

may affect eligibility or result in refund deductions.

9. Prohibited Activities

Users may not:

• Upload plagiarized, AI-generated, or unauthorized works.

• Harass or abuse any member of the community or staff.

• Engage in discriminatory, unlawful, or fraudulent behavior.

• Circumvent the platform for direct, off-platform sales resulting from ArtNativ leads.

ArtNativ reserves the right to suspend or ban users involved in such conduct without 

notice.

• In the event of a dispute between a buyer and an artist, ArtNativ will act as a neutral 

intermediary to mediate and resolve the issue.

• Artists agree to cooperate with reasonable resolutions, including refunds or 

redelivery if quality or delivery issues arise.

• If unresolved, disputes will be escalated to a mutually agreed third-party arbitrator 

in Ontario, Canada, in accordance with the rules of the Canadian Arbitration 

Association.

ArtNativ is not liable for:

• Loss of income, sales, or opportunity from platform downtime or buyer nonpayment.

• Damages to artworks caused during shipping unless ArtNativ handled the 

packaging and transit.

• Disputes between users outside the platform.

Maximum liability for any claim will not exceed the total commission amount ArtNativ 

earned from the transaction in dispute.

ArtNativ reserves the right to:

• Suspend or terminate accounts for breach of Terms or unethical conduct.

• Remove or reject artworks that violate intellectual property laws or platform values.

• Retain promotional rights to already-published content even after artist departure.

Artists may request account closure at any time, subject to settling all open orders and 

financial obligations.

These Terms are governed by the laws of the Province of Ontario, Canada, and applicable 

international intellectual property laws. Any legal disputes shall be handled in the 

jurisdiction of Ontario, Canada, through binding arbitration.

14. Miscellaneous

• These Terms may be updated from time to time. Artists will be notified via email 

and/or dashboard notice.

• Continued use of the platform constitutes acceptance of revised terms.

• If any clause herein is found unenforceable, the remainder shall remain in full force.

15. Exclusivity & Dual Representation

15.1 Non-Exclusivity

Unless explicitly agreed, all artist relationships are non-exclusive. You may sell on other 

platforms or galleries, provided:

• You do not simultaneously list or sell the exact same work featured on ArtNativ.

• ArtNativ-originated leads or clients are not diverted off-platform.

• Pricing remains consistent across platforms.

Artists may choose or be invited to sign an Exclusive Artist Representation Agreement

with ArtNativ. Under this agreement:

• ArtNativ becomes the sole commercial representative of the artist's work for an 

agreed period.

• The artist may not sell through other galleries, platforms, or agents without prior 

written approval from ArtNativ.

• The artist gains access to premium features, such as priority promotion, curated 

exhibitions, licensing opportunities, and deeper brand collaborations.

Important: The commission structure under an Exclusive Representation Agreement 

differs from the standard platform rate and will be detailed in a separate written 

addendum signed by both parties. Any conflict between these Terms and the Exclusive 

Agreement will be resolved in favor of the signed addendum.

ArtNativ is a Canadian-registered platform operating globally. Users are responsible for 

complying with their local laws, including:

• Import/export controls.

• Tax remittance.

• Cultural property export rules (especially for Indigenous or National Heritage Art).

ArtNativ reserves the right to suspend sales in any jurisdiction where regulatory 

requirements are unclear or hostile to international e-commerce.

• Artists are responsible for reporting and remitting income taxes or VAT in their 

jurisdictions.

• ArtNativ does not withhold taxes unless legally obligated.

• If legally required (e.g., under Canada’s CRA, the US IRS, or Nigeria’s FIRS), ArtNativ 

may:

o Issue T4A or equivalent forms.

o Withhold applicable tax and remit on the artist’s behalf.

• Artists must provide accurate tax information, including:

o TIN (Tax Identification Number).

o VAT registration (if applicable).

o Bank account country and legal ownership details.

ArtNativ values artistic integrity and protects against style mimicry and unauthorized 

reproductions.

• By uploading your artwork, you affirm that it was created by human authorship and

does not rely solely on AI-generated content unless explicitly permitted.

• You agree not to upload AI-replicated versions of another artist's work or style.

• ArtNativ reserves the right to:

o Use image hashing or AI tools to detect forgery or duplication.

o Flag accounts generating AI-imitated works without disclosure.

ArtNativ may integrate blockchain-powered features in the future to support artwork 

authenticity, provenance tracking, or digital innovation. Artists will be notified and may opt 

in when such features are launched. No blockchain-based actions (e.g., digital tokens, 

resale royalties) will be applied to your work without your explicit consent.

ArtNativ may enter commercial partnerships with interior design brands, museums, 

publishers, or corporations. If your artwork is selected for licensing, you will:

• Be notified and given a revenue-share offer or licensing fee.

• Retain final say to approve or reject the use of your work.

• Grant, if approved, a time-limited and scope-specific license to use your artwork for 

commercial reproduction or product integration.

By participating on the platform, you grant ArtNativ the right to:

• Feature your profile, artworks, and biography in marketing campaigns (email, social 

media, blogs, PR).

• Use excerpts from your artist video or interviews for promotional purposes.

• Tag and mention you in social media or buyer outreach.

We will not edit or misrepresent your work or statements without approval.

ArtNativ fosters inclusion and artistic diversity. Artists agree to:

• Refrain from hate speech, nudity involving minors, or discriminatory content.

• Respect sacred symbols and traditional art forms.

• Disclose if works are derivative of cultural artifacts or traditional knowledge.

• Abide by community review policies if flagged.

Violation may result in content removal or account suspension.

Unless otherwise agreed:

• Artists and ArtNativ agree not to disclose confidential details of platform 

development, custom deals, licensing terms, internal tools, or exclusive strategies 

to any third party.

• This clause survives account termination for 2 years.

• Artists may not replicate or copy ArtNativ’s interface, onboarding process, or artist 

agreements to create competing platforms.

From time to time, ArtNativ may roll out:

• Beta features (e.g., AI art recommendation tools, virtual exhibitions).

• Design changes or algorithm updates.

• Pilot programs for selected users.

Artists acknowledge:

• Beta features may be imperfect or discontinued.

• Feedback may be requested and used for improvement without additional 

compensation.

ArtNativ is not liable for delays or failures resulting from events beyond its control, 

including:

• Acts of God, war, terrorism, natural disasters, public health emergencies, 

government restrictions, strikes, and platform outages.

In such cases, pending payouts and deliveries may be paused but not canceled.

Artists are not employees of ArtNativ. By using the ArtNativ platform, you agree that your 

relationship with ArtNativ is that of an independent contractor. Nothing in this agreement 

shall be construed as creating an employer-employee, partnership, joint venture, or agency 

relationship.

ArtNativ may collect data on user behavior (e.g., clicks, time on page, conversions) to 

improve platform functionality and artist exposure. By using the platform, you agree to the 

use of anonymized data for operational and commercial insights.

Any suggestions, feedback, or recommendations you provide to ArtNativ regarding 

platform improvements or features shall be considered non-confidential and become the 

sole property of ArtNativ, without obligation to compensate you.

You agree to receive transactional and promotional emails from ArtNativ. You may opt out 

of marketing emails at any time, but transactional emails (e.g., sales, delivery, payouts) are 

required for platform use.

ArtNativ reserves the right to protect artists from exploitative behavior by buyers, 

including but not limited to excessive refund requests, harassment, commission abuse, or 

misuse of the platform. Such buyers may be warned, suspended, or banned.

If you believe your intellectual property has been infringed by content on the ArtNativ 

platform, please submit a notice to legal@artnativ.art with:

• A description of the copyrighted work.

• The location of the infringing material on the platform.

• Your contact information and a statement affirming ownership.

ArtNativ will investigate and may remove or disable access to allegedly infringing content.

Users may not operate multiple artist accounts without written approval. Duplicate or 

impersonated accounts may be suspended.

In the event of an artist's death, the artist’s designated next of kin or estate representative 

may contact ArtNativ to transfer rights, receive payouts, or manage the account. Proof of 

authority (e.g., legal documentation) will be required.

Buyers may request a return within 7 calendar days of receiving an artwork, provided:

• The artwork is undamaged, unaltered, and in its original packaging.

• The return request is made in writing to support@artnativ.art within the 7-day 

window.

• The buyer is responsible for return shipping and insurance costs.

Returns are not guaranteed; all requests will be reviewed individually. If accepted, a full or 

partial refund will be issued after the artwork is received and inspected by ArtNativ.

Returns are not permitted for:

• Commissioned or customized artworks.

These categories are exempt under international consumer protection guidelines for 

custom goods and intellectual property.

If a return is accepted:

• The artist will not be debited for commissions already paid unless the artwork is 

found to be:

o Inauthentic.

o Fraudulently described.

o Damaged due to poor original packaging.

• ArtNativ will attempt to resell the returned work (with artist consent) or ship it back 

at cost.

In some countries (e.g., UK, EU, certain US states), buyers may be entitled to longer return 

periods or automatic cooling-off rights. ArtNativ will comply with applicable local laws and 

notify artists when such conditions apply.

Your use of the Services is also governed by our Privacy Policy, available at 

www.artnativ.com/privacy-policy. By using the platform, you consent to the collection, 

use, and sharing of your personal information as described in the Privacy Policy. This 

includes data necessary for account management, payment processing, and shipping 

coordination.

You are responsible for maintaining the confidentiality of your account credentials, 

including your username and password. You agree to:

• Notify ArtNativ immediately at support@artnativ.art if you suspect unauthorized 

access to your account.

• Ensure all account activities are authorized by you.

ArtNativ is not liable for losses resulting from unauthorized account access due to your 

failure to secure your credentials.

The Services may contain links to third-party websites or services (e.g., payment 

processors, shipping providers). ArtNativ is not responsible for the content, policies, or 

practices of these third parties. Your interactions with third-party services are at your own 

risk and subject to their terms.

You agree to indemnify, defend, and hold harmless ArtNativ, its officers, directors, 

employees, and agents from any claims, liabilities, damages, or expenses (including legal 

fees) arising from:

ArtNativ strives to make the platform accessible in accordance with applicable 

accessibility standards (e.g., WCAG 2.1). If you encounter accessibility barriers, please 

contact support@artnativ.art to report issues or request accommodations.

By using the Services, you represent and warrant that:

For questions about these Terms, please contact us at: