These Terms of Use ('Terms') govern your access to and use of wallerist.com and related services (the 'Service'). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be able to form a legally binding contract in your jurisdiction to use the Service. By using the Service, you represent that you meet this requirement and that any information you provide is accurate and complete.
2. Accounts & Security
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us promptly of any unauthorized use. We may suspend or close accounts that violate these Terms or applicable law.
3. User Content & Intellectual Property
"User Content" includes artworks, images, descriptions, wall listings, measurements, comments, and any other material you upload or submit. You retain all rights to your User Content.
You represent and warrant that you have all rights necessary to submit the User Content and that it does not infringe, misappropriate, or violate any third-party rights or laws.
4. License to Wallerist
You grant Wallerist a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute, and adapt your User Content solely for operating, promoting, and improving the Service (including promotional displays of artworks in context and on-site QR labels). You may revoke this license for future use by removing the content or closing your account, except where retention is legally required or reasonably necessary for dispute resolution or record-keeping.
5. Listings & Transactions
Artists may list artworks with accurate details (title, dimensions, medium, availability, pricing where applicable). Venues ("Wallerists") may list walls with accurate measurements, lighting notes, and any relevant constraints. Collectors may discover, reserve, or purchase works as available.
Matching and placements require approval by both the artist and the venue. Specific placement terms, durations, and any special conditions are confirmed in writing (e.g., through dashboards, email, or agreements).
6. Pricing, Fees & Taxes
Pricing, commissions, and service fees are communicated clearly before a transaction or placement is confirmed. We may update fees from time to time, with changes applying prospectively. You are responsible for any applicable taxes (e.g., VAT, sales tax) related to your transactions, unless the law requires us to collect and remit them.
7. Payments & Payouts
Payments are processed by third-party payment providers. Payouts to artists and venues are made according to the agreed schedule and subject to completion of required onboarding and compliance checks. We may place holds or offsets for refunds, chargebacks, suspected fraud, or legal obligations.
8. Shipping, Installation & Insurance
Where offered, Wallerist coordinates professional packing, insured shipment, delivery, and installation within agreed windows. Title and risk of loss transfer as specified in the applicable order or placement terms. If a work is damaged in transit or on site, notify us promptly so we can coordinate assessment and next steps per the applicable agreement and insurance coverage.
9. Prohibited Conduct
- Submitting unlawful, infringing, or misleading content.
- Bypassing technical protections, scraping without permission, or reverse engineering.
- Interfering with the Service or other users' access.
- Attempting to buy/sell outside the agreed process to evade applicable fees.
10. Suspension & Termination
We may suspend or terminate access to the Service at any time for actual or suspected violations of these Terms, fraud, legal risk, or technical/security issues. You may stop using the Service at any time. Certain provisions survive termination, including those relating to intellectual property, payments, disclaimers, limitations of liability, and dispute resolution.
11. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and availability. We do not guarantee uninterrupted or error-free operation or that content will be accurate or complete.
12. Limitation of Liability
To the maximum extent permitted by law, Wallerist and its affiliates will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages. Our aggregate liability for all claims related to the Service will not exceed the greater of (a) the amounts you paid to us in the twelve months preceding the claim or (b) EUR 100.
13. Indemnity
You agree to defend, indemnify, and hold harmless Wallerist and its affiliates, and their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or applicable law.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of Hong Kong, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts located in Hong Kong to resolve any dispute arising from or relating to these Terms or the Service. Where applicable law requires a different forum for consumers, that protection remains unaffected.
15. Changes to the Service & Terms
We may modify the Service or these Terms from time to time, for example to reflect changes in features, law, or business needs. We'll update the "Last updated" date and, where appropriate, provide notice within the Service. Continued use after changes take effect constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Email olivier@wallerist.com or visit our contact page.