Terms of Service

Last updated: 23 April 2025

Welcome to ARTWISTA, a curated NFT marketplace built on the Ethereum blockchain. By accessing or using ARTWISTA, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Platform Overview

ARTWISTA is a platform operated by ARTWISTA Marketplace GmbH, enabling artists to mint and sell NFTs, collectors to purchase and trade them, and curators to create thematic collections that promote digital art.

2. Eligibility and Wallet Connection

To use ARTWISTA, you must:

1. Be at least 18 years old or the legal age in your jurisdiction
2. Connect a supported Ethereum wallet (e.g., MetaMask)
3. Have the authority to agree to these Terms

Your wallet serves as your identity and authentication mechanism on the platform.

3. NFT Minting & Collections

Only verified artists may mint (create) NFTs on ARTWISTA. Each NFT must be minted into a collection. Artists may:

1. Create a new collection
2. Use an existing collection

Artists agree not to:

1. Upload or sell plagiarized or illegal content that violates intellectual property rights or community standards
2. Attempt to manipulate the platform, smart contracts, or sales
3. Impersonate others or provide misleading information

Two token standards are supported:

1. ERC-721: Single, unique items. Can be sold at a fixed price or through offers.
2. ERC-1155: Editions with multiple copies. Can only be sold at a fixed price.

Artists retain full ownership of the intellectual property rights of their work. When minting an NFT, they grant the buyer a usage license — either Personal Use, Limited Commercial Rights, or Commercial Rights — depending on the selected license type. Additionally, artists can set a royalty (0–10%) that they will receive from every resale of the NFT.

4. NFT License Types

When minting a new NFT on ARTWISTA, the artist must choose one of the following license types:

1. Personal Use License: Restricts monetization and provides limited display rights. The owner cannot use the artwork for commercial purposes.
2. Limited Commercial Rights: Permits monetization up to a certain revenue limit, in specific formats or venues, or for a defined period — often applicable to low-dollar merchandise sales.
3. Commercial Rights: Allows the owner to monetize the artwork freely, without restrictions on revenue, format, or duration.

5. Sales & Fees

All sales occur directly between users via smart contracts. Fees are distributed automatically as follows:

1. Listing Fee: 0.020 ETH
2. Artist Royalties: Set by the creator (0–10%)
3. Curator Fee: 3% (if part of a curated collection)
4. Marketplace Fee: 3% of the sale price

The remaining amount goes to the seller.

6. Curators

Curators are verified users who:

1. Create thematic curated collections
2. Add available NFTs to collections (which then become unavailable to other curators)
3. Write about and promote these collections

When an NFT in a curated collection is sold, the curator receives a fee. After the sale, the NFT becomes available to other curators again.

7. User Conduct

Users agree not to:

1. Sell any content that is not theirs or that violates the platform’s terms
2. Attempt to manipulate the platform, smart contracts, or sales
3. Impersonate others or provide misleading information

Uploading is not available to standard users. ARTWISTA reserves the right to suspend users who violate these rules.

8. Intellectual Property

All content created by users remains their intellectual property. However, by listing NFTs on ARTWISTA, users grant ARTWISTA a limited, royalty-free license to display and promote their NFTs on the platform and across social media.

9. Risks and Disclaimers

Using blockchain technology involves inherent risks, including volatility, smart contract bugs, and wallet security. ARTWISTA is not responsible for losses resulting from blockchain disruptions, wallet access issues, or unauthorized use of NFTs. Users interact with the Ethereum blockchain at their own risk. ARTWISTA provides no guarantee of NFT value or platform uptime.

10. Prohibited Transfers

You are forbidden from knowingly selling or transferring any Creator NFT, or using any Creator NFT in a manner, that infringes or may infringe on any copyright, trademark, patent, trade secret, or other intellectual property right of a third party, or from selling or transferring any Creator NFT that you know is subject to a dispute or investigation.

11. Modifications to Terms

We may update these Terms at any time. Continued use of the platform after changes constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of Germany.