Terms of Service

Last updated: 17 October 2026

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. Hybrid AI Art

The category “AI Art” is reserved for Hybrid AI Art: works in which the artist has made a substantial creative contribution of their own, for example by repainting, newly composing or creatively retouching an AI-generated image. Works that consist solely or predominantly of unedited AI output are not permitted.

When minting in this category, the artist must state which AI tool was used and confirm that:

1. the work was substantially created or reworked by the artist and is not pure AI output;
2. the artist holds all necessary rights and does not infringe the rights of third parties, including characters, brands and works of other artists;
3. the terms of the AI tool used allow the sale of the result as an NFT; and
4. the artist accepts these Terms.

The creation type and the AI tool used are stored in the NFT metadata and displayed publicly. Because blockchain data is permanent, this information cannot be changed or deleted after minting.

ARTWISTA does not guarantee that a Hybrid AI Art work is protected by copyright. Whether and to what extent protection exists depends on the artist’s own creative contribution and the applicable law. Owning an NFT does not transfer copyright; the buyer receives only the usage license chosen under Section 4.

The artist is solely responsible for the works they mint. To the extent permitted by law, the artist indemnifies ARTWISTA against claims of third parties arising from the artist’s works or from false statements made when minting.

Hybrid AI Art terms version: 2026-10-v2

12. Reporting Infringements and Removal of Content

If you believe that a work on ARTWISTA infringes your rights, please send a notice to support@artwista.com containing:

1. the contract address and token ID of the work, or a link to its page;
2. a description of the right you believe is infringed and why;
3. your name and contact details; and
4. a statement that the information in your notice is accurate and given in good faith.

ARTWISTA will review reports promptly. We may hide a work from the platform, disable its listing, and suspend or remove the artist, in particular in cases of repeated or serious infringements. The artist may be given an opportunity to respond. ARTWISTA cannot delete a token from the blockchain; removal means that the work is no longer displayed or offered on ARTWISTA.

13. Modifications to Terms

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

14. Governing Law

These Terms are governed by the laws of Germany.