Terms of Service

These Terms of Service ("Terms") govern your access to and use of Inquire.art (the "Platform"), operated by Artdnd LLC ("we," "us," or "our"), a Florida limited liability company. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

You must be at least 18 years of age to create an account or use the Platform. By registering, you represent and warrant that you meet this requirement and that all information you provide is accurate, current, and complete.

The Platform is designed for individual artists. Each account is associated with a single artist, and artwork entries are attributed to that artist only. Studios, collectives, or multi-artist organizations may not share a single account at this time.

2. Accounts and Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at info@inquire.art if you suspect unauthorized access to your account.

You may not transfer, sell, or assign your account to any third party. We reserve the right to refuse registration or cancel accounts at our discretion.

3. Subscriptions and Billing

3.1 Subscription Plans

Inquire.art offers subscription-based access to the Platform. Current plan details, features, and pricing are described on our pricing page and are incorporated into these Terms by reference. Plans include monthly and annual billing options.

3.2 Billing and Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis. You are responsible for keeping your billing information current.

3.3 Grace Period and Account Restriction

Upon subscription expiration, your account enters a 7-day grace period during which full access is maintained. After 7 days, your account is restricted to read-only access. Accounts inactive for 30 days following expiration may be suspended. We will make reasonable efforts to notify you of upcoming expiration and status changes.

3.4 Refunds

Monthly subscriptions: Refunds are available upon request within the first 15 days of a subscription period. After 15 days, the monthly payment is non-refundable.

Annual subscriptions: Refunds are available on a prorated basis for the unused days remaining in the billing period at the time of cancellation.

Refund requests should be submitted to info@inquire.art. We reserve the right to decline refund requests that appear to constitute abuse of this policy.

3.5 Price Changes

We will provide no less than 30 days advance notice of any pricing changes via email to the address on file. Your continued use of the Platform following the effective date of a price change constitutes your acceptance of the new pricing. If you do not agree, you may cancel your subscription before the change takes effect.

3.6 Founding Member Pricing

Founding Member pricing is locked for the lifetime of the account under which it was originally activated and will not be subject to future price increases. Founding Member pricing is personal and non-transferable.

Founding Member status is permanently forfeited if the subscription lapses for more than 90 consecutive days. Temporary payment failures that are resolved within 90 days do not constitute a lapse for the purposes of this section.

4. User Content and Intellectual Property

4.1 Ownership

Artists retain all intellectual property rights to artwork images, descriptions, and catalog data uploaded to Inquire.art. We claim no ownership over any content you submit to the Platform.

4.2 License to Operate the Platform

By uploading content to Inquire.art, you grant us a limited, non-exclusive, royalty-free, worldwide license to store, display, resize, and transmit your content solely for the purpose of operating and delivering the Platform's features — including displaying catalog pages to authorized viewers you designate. This license does not grant us the right to use your content for advertising, promotional materials, or any AI or machine learning training purpose, under any circumstances.

This license terminates upon deletion of the content or closure of your account, subject to the data retention provisions in Section 9.

4.3 No AI Training

Inquire.art will not use artist-uploaded artwork, images, or catalog content to train artificial intelligence or machine learning models without your explicit written consent. This prohibition is absolute and is not subject to exception based on changes to our Privacy Policy or Terms.

4.4 Prohibited Content

You may not upload content that:

• You do not own or have the right to distribute;
• Infringes on the intellectual property, privacy, or other rights of any third party;
• Is unlawful, fraudulent, defamatory, obscene, or otherwise objectionable; or
• Violates any applicable local, state, national, or international law or regulation.

We reserve the right to remove content that violates these Terms and to suspend or terminate accounts in egregious or repeat cases.

5. The Inquiry Workflow

Inquire.art provides a communication facilitation tool through the 'Inquire' button feature. We are not a party to any transaction, negotiation, or agreement between an artist and a prospective buyer or collector that may result from use of the Platform.

We are not responsible for any sale, purchase, commission, or other transaction that results from an inquiry submitted through the Platform. All such transactions are conducted entirely between the artist and the inquiring party, and we have no involvement in, liability for, or interest in the terms, execution, or outcome of any such transaction.

6. Viewer Access and Password-Protected Catalogs

6.1 Artist Responsibility

Artists are solely responsible for managing access to their catalogs and profiles. We provide access control tools, including public/private visibility settings and system-generated passwords. Artists may create and distribute additional passwords at their discretion. We do not monitor, manage, or restrict viewer access on behalf of artists beyond the tools provided.

6.2 Password Security

Artists assume full responsibility for the distribution and security of catalog passwords. We are not liable for unauthorized access resulting from an artist sharing, losing, or failing to secure a password. Artists are encouraged to reset passwords if unauthorized access is suspected.

6.3 Viewer Obligations

Viewers who access password-protected catalogs do so subject to Inquire.art's Viewer Access Policy and agree, by accessing any catalog, that all content is private and confidential and may not be reproduced, shared, or distributed without the artist's written consent. Viewers may not screenshot, download, copy, or redistribute catalog content without explicit permission from the artist. We reserve the right to revoke viewer access for violations.

7. Platform Data and Analytics

Inquire.art collects certain data on catalog activity, including page views and engagement metrics. A subset of this data is made available to artists through their dashboard. Collection and use of data — including data relating to catalog viewers — are governed by our Privacy Policy, which is incorporated into these Terms by reference.

We do not sell viewer data to third parties.

8. Termination and Suspension

8.1 Termination by Us

We reserve the right to suspend or terminate accounts at our discretion, including but not limited to:

• Violation of these Terms of Service;
• Uploading content you do not own or have rights to distribute;
• Fraudulent, abusive, or illegal activity;
• Non-payment of subscription fees following the applicable grace period; or
• Conduct that harms other users, viewers, or the Platform.

We will make reasonable efforts to notify the account holder prior to termination, except where immediate action is required to protect the Platform or its users.

8.2 Termination by You

You may cancel your account at any time through your account settings. Cancellation takes effect at the end of the current billing period unless you request immediate termination. Refunds for cancelled subscriptions are governed by Section 3.4.

9. Data Retention and Export

9.1 Retention After Closure

Upon account closure, we retain account data for 90 days to allow for account recovery or data export. After 90 days, all account data — including artwork images, catalog content, and profile information — is permanently deleted from our active systems. We are not liable for data loss following permanent deletion.

9.2 Data Export

You may request an export of your account data — including artwork records and catalog information — at any time while your account is active. Following account closure, data export remains available for 30 days. We will fulfill export requests within 5 business days. Data export is not available after permanent deletion.

Export includes: artwork metadata (title, medium, dimensions, price, availability, notes) and associated artwork images. Additional data fields may be included as the feature set expands.

10. Disclaimers

THE PLATFORM IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

We do not guarantee that catalog content will be accessible to viewers at all times, that inquiry messages will be delivered without delay, or that the Platform will meet your specific requirements.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTDND LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute, you agree to first contact us at info@inquire.art and attempt to resolve the dispute informally. We will make reasonable efforts to resolve the dispute within 30 days.

12.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Inquire.art that cannot be resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as then in effect. Either party may bring qualifying claims in small claims court in lieu of arbitration. The arbitration shall take place in Florida. Each party shall bear their own arbitration costs unless the arbitrator determines otherwise.

12.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST INQUIRE.ART OR ARTDND LLC. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. IF YOU ARE A CALIFORNIA RESIDENT, THE CLASS ACTION WAIVER IN SECTION 12.3 APPLIES ONLY TO THE EXTENT PERMITTED BY CALIFORNIA LAW.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

13. Changes to These Terms

We will notify you of material changes to these Terms via email to the address on file and through a notice displayed within your Platform dashboard. Material changes take effect no sooner than 30 days following notification, except where changes are required by law or to address an urgent security or legal matter, in which case changes may take effect immediately with notice provided as soon as reasonably practicable.

Minor, non-material corrections or clarifications may be made without advance notice. Your continued use of the Platform following the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the Platform and may cancel your account.

14. General

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the Platform and supersede all prior agreements and understandings.

14.2 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.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction in connection with a merger, acquisition, or sale of all or substantially all of our assets.

14.5 Contact

For questions about these Terms, contact us at: info@inquire.art