Terms of Service

Terms and Conditions - Artscapy Ltd

1. Introduction to Artscapy

Welcome to Artscapy. These Terms of Use ("Terms") constitute a legal agreement between you ("you" or "your") and Artscapy Limited ("Artscapy", "we", "our" or "us") governing your access to and use of our website, mobile application, products, and services (collectively, "Services").

By accessing or using our Services in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from accessing or using our Services. Please read these Terms carefully and contact us if you have any questions.

2. Information About Us and How to Contact Us

2.1 Company Information

Artscapy is a website and mobile application owned and operated by Artscapy Limited. We are registered in England under company number 12918699. Our registered office is at 36 Fifth Avenue, Havant, Hampshire PO9 2PL and effective 1st of December 2025 at Office 43, 1000 Lakeside, North Harbour, Portsmouth, PO6 3EZ

2.2 Contact Methods

You can contact us by:

Email: info@artscapy.com
Post: Writing to our registered office address above

2.3 How We Contact You

If we need to contact you, we will do so by writing to you at the email address, postal address, or telephone number you provided during registration.

3. Term and Termination

These Terms remain in full force and effect while you use our Services. You may discontinue using our Services at any time for any reason. We may terminate your account and/or membership if you breach these Terms, as determined at our reasonable discretion.

Failure to remedy a breach after notice may result in account termination. These Terms will continue to apply even after your account termination, particularly regarding your past use of our Services and any ongoing obligations.

4. Account, Password & Security

4.1 Account Registration

To access the full functionality of our Services, you must create an account by completing our registration process. This requires you to provide certain mandatory information including a valid email address, your name, telephone number, and a secure password. All personal data provided will be processed in accordance with our Privacy Policy and UK data protection laws.

4.2 Account Verification and Security

Following registration, you must:

Confirm your email address through our verification process
Complete our Two-Factor Authentication (2FA) setup to enhance account security

If you experience difficulties with email verification, please contact us at info@artscapy.com. Please check your spam folder and other email sub-folders, as verification emails may be filtered by your email provider.

4.3 Additional Information Requirements

We may occasionally request additional information to verify your identity or complete transactions, such as:

Address verification
Payment method details
Other documentation as required by law or our internal policies

Such requests will be made only when necessary and proportionate, and all information will be handled in accordance with applicable data protection legislation.

4.4 Account Restrictions and Approval

Each individual or organisation may register for only one account
Multiple accounts by the same user are prohibited
Your account becomes fully active only upon successful completion of our verification process
We reserve the right to refuse registration applications at our reasonable discretion, particularly where:
Information provided appears incomplete or inaccurate
We suspect fraudulent activity
Registration would breach these Terms or applicable law

4.5 Account Security Responsibilities

You are responsible for:

Maintaining the confidentiality and security of your account credentials
All activities conducted through your account
Ensuring your login details are not shared with unauthorised parties

Important Security Notice: We will never ask you to provide your password via email, telephone, or other unsecured means.

4.6 Limitations of Liability

While we implement reasonable security measures, we cannot guarantee absolute security. Subject to our statutory obligations under UK consumer protection law, we exclude liability for:

Indirect, consequential, or special damages arising from unauthorised account access
Losses resulting from your failure to maintain account security
Damages arising from circumstances beyond our reasonable control

This limitation does not affect your statutory rights as a consumer under UK law where applicable.

4.7 Account Transfer Restrictions

Your account is personal to you and may not be:

Transferred, assigned, or sold to any third party
Used by others without your express written consent
Shared for commercial purposes

4.8 Security Breach Obligations

You must immediately notify us if you become aware of:

Any unauthorised use of your account
Any suspected security breach affecting your account
Any compromise of your login credentials

Upon notification, you must:

Take reasonable steps to prevent further unauthorised access
Cooperate with our investigation and remedial measures
Change your password and security settings as directed

Contact for Security Issues: info@artscapy.com

4.9 Account Suspension and Termination

We may suspend or terminate your account if:

You breach these Terms and Conditions
We suspect fraudulent or illegal activity
Required by law or regulatory authority
For other legitimate business reasons

Where possible, we will provide reasonable notice before account termination, except in cases of serious breach or legal requirement for immediate action.

5. Membership and Subscription with Artscapy

5.1 Premium Membership Services

Artscapy offers premium membership services that provide access to enhanced features and exclusive content within our platform. Premium subscriptions are available for various durations and can be purchased following successful account registration and verification.

Pricing and Promotions:

Subscription prices are clearly displayed during the purchase process
Pricing may vary due to promotional offers, loyalty discounts, or special campaigns
All prices include applicable VAT where required by UK law
Current pricing information is available on our website and during checkout

5.2 Payment Terms and Billing

Payment Authorisation: By subscribing to premium services, you authorise us to charge your selected payment method for:

The initial subscription fee
Recurring subscription renewals (where applicable)
Any applicable taxes or fees

Payment Methods:

You may update your payment method at any time by contacting us at info@artscapy.com
We accept major credit cards, debit cards, and other payment methods as displayed during checkout
You are responsible for ensuring your payment method remains valid and has sufficient funds

Automatic Renewal:

Subscriptions automatically renew at the end of each billing period unless cancelled
Renewal charges will be at the then-current subscription rate
You may cancel automatic renewal at any time before the next billing cycle

5.3 Cancellation Rights and Process

Your Right to Cancel:

You may cancel your subscription at any time by contacting us at info@artscapy.com
14-Day Cooling-Off Period: Under UK Consumer Contracts Regulations, you have the right to cancel within 14 days of purchase for a full refund, provided you have not extensively used the premium services
Cancellation takes effect at the end of your current billing period
Following cancellation, your account will revert to a free basic membership unless you request complete account deletion

Cancellation Process: To cancel your subscription:

Contact us at info@artscapy.com with your account details
Specify your cancellation request and preferred effective date
We will confirm your cancellation within 2 business days
You will retain premium access until the end of your paid period

5.4 Refund Policy

Consumer Rights: Your statutory rights under UK consumer protection law are not affected by these Terms. You may be entitled to refunds where:

Services are not as described
Services are faulty or do not work properly
You exercise your 14-day cooling-off period rights

Standard Refund Terms:

Subscriptions are generally non-refundable after the 14-day cooling-off period
Partial refunds for unused subscription periods are not typically provided
Where refunds are approved, they will be processed minus reasonable administrative costs and payment processing fees
Refunds will be issued to your original payment method within 14 days of approval

Exceptional Circumstances: We may consider refunds outside our standard policy in exceptional circumstances, such as:

Technical failures preventing service access
Billing errors or unauthorised charges
Other circumstances at our reasonable discretion

5.5 Service Availability and Changes

Service Delivery:

Premium services begin immediately upon successful payment processing
We strive to provide continuous service availability, but cannot guarantee uninterrupted access
Planned maintenance will be communicated in advance where possible

Service Modifications:

We may modify, enhance, or discontinue premium features with reasonable notice
Significant changes affecting your subscription will be communicated at least 30 days in advance
You may cancel without penalty if you disagree with substantial service changes

5.6 Billing Disputes and Support

If you have concerns about billing or subscription matters:

Contact us immediately at info@artscapy.com
Provide your account details and specific concerns
We will investigate and respond within 5 business days
For unresolved disputes, you may contact your payment provider or relevant consumer protection authorities

5.7 Taxes and Additional Charges

All subscription prices include applicable UK VAT where required
You are responsible for any additional taxes that may apply in your jurisdiction
We will provide appropriate tax receipts upon request
Currency conversion fees (if applicable) are charged by your payment provider

Important Note: These terms do not affect your statutory rights as a consumer under UK law. For more information about your consumer rights, visit gov.uk or contact Citizens Advice.

6. Rights We Grant You

6.1 License to Use Our Services

Subject to your compliance with these Terms of Use, Artscapy grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use our Services for lawful personal and non-commercial purposes.

Permitted Commercial Activity: The following commercial activity is expressly permitted for verified users:

Sale of artworks from your personal collection through our consignment process
Such sales must comply with our verification procedures and consignment terms
All transactions must be conducted through the Artscapy platform

License Limitations: This license does not permit you to:

Sublicense, transfer, or assign your rights to any third party
Use our Services for any unlawful purpose
Breach any provision of these Terms of Use or applicable law

6.2 Content Usage Restrictions

You acknowledge that all content on the Artscapy Service is protected by intellectual property rights. You may not, without our express written consent:

Prohibited Content Activities:

Copy, reproduce, distribute, or publicly display any content beyond normal browsing
Create derivative works based on our content or platform features
Archive or systematically download content from our platform
Modify, adapt, or alter any content or platform functionality
Use content for commercial purposes outside the permitted consignment activities

Fair Use Exception: Normal browsing, viewing, and sharing content through our designated sharing features remains permitted under fair use principles.

6.3 Technical and Security Restrictions

To protect our platform integrity and user security, you must not:

System Interference:

Circumvent, disable, or interfere with security features or content protection measures
Insert malicious code, viruses, or any harmful software
Attempt to gain unauthorised access to our systems or other users' accounts
Manipulate or alter the platform's functionality or content delivery

Automated Access:

Use robots, spiders, scrapers, or other automated tools to access our Services
Employ data mining, gathering, or extraction methods
Reverse engineer, decompile, or disassemble any aspect of our platform
Attempt to derive source code or underlying algorithms

6.4 User Conduct Standards

When using our Services, you must comply with the following conduct standards:

Lawful Use:

Comply with all applicable UK and international laws and regulations
Respect intellectual property rights of third parties
Avoid any activity that could be considered unlawful or harmful

Respectful Interaction:

Treat other users with respect and courtesy
Refrain from harassment, bullying, or intimidatory behavior
Avoid content that is offensive, discriminatory, or promotes hatred

Prohibited Content Types: You may not post, share, or transmit:

Defamatory, libelous, or misleading content
Content that incites violence or hatred based on protected characteristics
Sexually explicit or inappropriate material
Content that violates privacy or publicity rights
Spam, commercial solicitations, or unsolicited communications

6.5 Privacy and Security Requirements

Personal Information Protection:

Do not share sensitive personal information (credit card details, national insurance numbers, private contact information)
Respect other users' privacy and do not attempt to collect their personal data
Report any privacy breaches or security concerns immediately

Account Security:

Maintain the confidentiality of your account credentials
Do not impersonate other users, Artscapy staff, or any third parties
Using a legitimate pseudonym for privacy purposes is acceptable

Contact Information Restrictions:

All transactions and communications should occur through our platform
This protects both parties from fraud and ensures transaction security

6.6 Platform Integrity

Trading and Transaction Rules:

All artwork transactions must be conducted through the Artscapy platform
Circumventing our platform for direct trading is prohibited
This ensures buyer/seller protection and maintains our quality standards

Commercial Restrictions: Outside of permitted consignment activities, you may not:

Sell access to our Services
Place unauthorised advertising or promotions
Use our platform for general commercial purposes
Exploit our Services for business activities not explicitly permitted

6.7 Compliance and Enforcement

Monitoring and Reporting:

We may monitor platform usage to ensure compliance with these Terms
Users can report violations through our reporting mechanisms
We investigate reported violations promptly and fairly

Consequences of Violations: Depending on the severity and nature of violations, we may:

Issue warnings or require corrective action
Temporarily suspend account access
Permanently terminate accounts for serious breaches
Take legal action where appropriate

Appeals Process: If you believe your account has been restricted unfairly:

Contact us at info@artscapy.com within 14 days
Provide relevant details and supporting information
We will review and respond within 5 business days

6.8 Intellectual Property Respect

Third-Party Rights:

Respect all intellectual property rights when using our Services
Only upload or share content you have rights to use
Properly attribute content where required
Report suspected intellectual property violations

Our Intellectual Property:

Our platform, features, and proprietary content remain our property
Your use license does not grant ownership rights
Unauthorised use of our intellectual property may result in legal action

6.9 Official Communication Channels

Email Communications:

Our official corporate email domain is: artscapy.com
Primary contact email: info@artscapy.com
All legitimate communications from Artscapy will originate from addresses ending in @artscapy.com
We will never contact you from personal email addresses (e.g., Gmail, Yahoo, Hotmail)
We will never request sensitive information such as passwords, payment details, or personal identification numbers via email

Security Verification: Always verify the authenticity of emails by:

Checking the sender's email address ends with @artscapy.com
Looking for official Artscapy branding and formatting
Being suspicious of urgent requests for sensitive information
Contacting us directly at info@artscapy.com if you're unsure about any communication

Staff Contact Information:

All legitimate Artscapy advisors and staff contact details are published on our platform
Verified contacts can be found on individual landing pages and our About Us section
If someone claims to represent Artscapy but their details aren't listed on our platform, contact us for verification

WhatsApp Communications:

Our official WhatsApp contact is accessible through the WhatsApp icon on our platform
This is our only legitimate WhatsApp channel for customer communications
Be cautious of unsolicited WhatsApp messages claiming to be from Artscapy

Security Warning: If you receive suspicious communications claiming to be from Artscapy:

Do not provide any personal or financial information
Report the incident to us immediately at info@artscapy.com
Forward suspicious emails to our security team for investigation

Data Protection Notice: All communications through our official channels are subject to our Privacy Policy and UK data protection laws. We process your communications data only as necessary to provide our services and respond to your inquiries.

Note: These restrictions are designed to ensure a safe, legal, and positive experience for all users while protecting the integrity of our platform and compliance with UK law. They do not limit your statutory rights as a consumer.

7. Your Content

7.1 User-Generated Content Definition

Our Services may allow you to submit, post, publish, upload, or otherwise provide content including but not limited to:

Artwork images and descriptions
Comments and reviews
Profile information and biography
Messages and communications
Other materials you choose to share

(collectively referred to as "User-Generated Content" or "Your Content")

7.2 Your Responsibility for Content

You are fully responsible for all content you provide through our Services, including:

Ensuring content accuracy and legitimacy
Complying with all applicable laws and regulations
Respecting third-party intellectual property rights
Maintaining appropriate and lawful content standards

7.3 License Grant and Usage Rights

Limited License to Artscapy: By providing User-Generated Content through our Services, you grant Artscapy a limited, non-exclusive, worldwide license to:

Host, store, and display your content as necessary to provide our Services
Process and reproduce content for platform functionality
Distribute content as directed by your privacy and sharing settings
Create necessary technical copies for backup and system operation

Specific Purposes: This license is granted solely for the following legitimate purposes:

Operating and maintaining our platform services
Displaying your content according to your chosen settings
Providing customer support and technical assistance
Ensuring platform security and preventing abuse
Complying with legal obligations and law enforcement requests

Important Limitations:

This license does not grant us ownership of your content
We will not use your content for commercial advertising without your separate consent
The license terminates when you delete content, subject to technical delays
We will not license your content to third parties for their commercial use without your permission

7.4 Content Ownership and Rights

Your Ownership:

You retain full ownership of your User-Generated Content
You maintain all intellectual property rights in your original content
Your content license to us does not affect your rights to license content to others

Required Warranties: By submitting content, you confirm that:

You own all rights to the content or have proper authorisation to share it
Your content does not infringe any third-party intellectual property rights
Your content complies with these Terms and applicable UK law
You have obtained necessary permissions for any copyrighted material included

7.5 Content Standards and Prohibited Material

Acceptable Use Standards: Your content must comply with UK law and our community standards. You may not submit content that:

Legal Violations:

Infringes copyright, trademark, or other intellectual property rights
Violates privacy or data protection laws
Contains defamatory or libelous statements
Promotes illegal activities or products

Harmful Content:

Contains hate speech or discriminatory language
Promotes violence, harassment, or intimidation
Includes sexually explicit or inappropriate material
Constitutes spam or commercial solicitation outside permitted activities

Platform Integrity:

Contains false or misleading information about artworks or transactions
Attempts to manipulate platform features or other users
Includes malicious code or harmful software
Violates other users' rights or platform security

7.6 Content Moderation and Removal

Our Moderation Rights: We reserve the right to:

Review content for compliance with these Terms
Remove content that violates our standards or applicable law
Suspend or restrict accounts that repeatedly violate content policies
Cooperate with law enforcement regarding illegal content

Moderation Process:

Content moderation may be automated or manual
We aim to review reported content within 48 hours
You will be notified of content removal when practicable
You may appeal content removal decisions within 14 days

Your Rights:

You may delete your own content at any time through your account
Deleted content will be removed from public view immediately
Technical copies may remain in our systems for up to 30 days for backup purposes
You can request permanent deletion by contacting us

7.7 Third-Party Content and Interactions

Content Disclaimer:

We do not endorse or verify the accuracy of User-Generated Content
Content represents the views of individual users, not Artscapy
We are not responsible for the quality, accuracy, or reliability of user content
Professional advice should be sought for important decisions

Your Risk and Responsibility:

You use and rely on User-Generated Content at your own risk
Verify important information through independent sources
Report inappropriate or harmful content through our reporting mechanisms
Exercise caution when interacting with other users or their content

7.8 Intellectual Property Protection

Reporting Infringement: If you believe your intellectual property rights have been infringed:

Contact us immediately at info@artscapy.com
Provide detailed information about the alleged infringement
Include evidence of your ownership or authorisation
We will investigate and respond within 5 business days

Counter-Notification Process: If your content is removed for alleged infringement:

You may submit a counter-notification if you believe the removal was erroneous
Provide evidence of your right to use the content
We will review counter-notifications fairly and promptly

7.9 Data Protection and Privacy

Personal Data in Content:

Avoid including sensitive personal information in public content
Your content may be processed according to our Privacy Policy
You control the privacy settings for your content where options are available
We will handle personal data in your content according to UK data protection law

Content Analytics:

We may analyse content patterns to improve our services
Analytics are conducted on an aggregated, anonymised basis where possible
Individual content analysis is performed only as necessary for service provision or legal compliance

Note: Your rights as a content creator under UK law, including moral rights where applicable, are not affected by these Terms. We are committed to respecting your intellectual property while maintaining a safe and legal platform for all users.

All personal data processing complies with UK GDPR and Data Protection Act 2018. Users have rights including access, rectification, erasure, and portability of their data.

8. Buying and Selling Services

8.1 Platform Services Overview

Our Services include a comprehensive online marketplace featuring:

Core Platform Features:

Curated Collections showcasing selected artworks
Browse and search functionality for discovering art
Individual artwork and collection purchasing options
Inquiry system for artwork information and negotiations
Personal wishlist and favorites functionality
Secure transaction processing and management

Service Scope: Transactions are conducted either:

Through our secure online platform with integrated payment processing, or
Via over-the-counter arrangements with accompanying email communication and formal invoicing

All transaction methods include appropriate buyer and seller protections in accordance with UK consumer and commercial law.

8.2 Age Requirements and Legal Capacity

Minimum Age Requirement:

Users must be at least 18 years old to buy or sell through our Services
Minors (under 18) are prohibited from engaging in any commercial transactions
Age verification may be required for high-value transactions

Legal Capacity Requirements: By using our Services for commercial purposes, you represent and warrant that you:

Are at least 18 years of age
Have the legal capacity to enter into binding contracts under UK law
Are not prohibited from contracting under any applicable law or regulation
Have authority to bind any entity on whose behalf you are acting

Verification Process: We reserve the right to request age and identity verification, particularly for:

High-value transactions
Repeated commercial activity
Situations where age or capacity is in doubt
Compliance with anti-money laundering requirements

8.3 Additional Terms and Conditions

Integrated Terms Documents: Our comprehensive terms include several integrated documents that govern specific aspects of our Services:

Buyer Terms: https://artscapy.com/page/Buyers-Terms

Purchase procedures and payment terms
Buyer rights and responsibilities
Delivery and collection arrangements
Returns and refunds policy

Seller Terms: https://artscapy.com/page/Sellers-Terms-of-Sale

Consignment procedures and requirements
Seller obligations and warranties
Commission structure and payment terms
Marketing and promotion arrangements
Withdrawal and unsold lot procedures

Your Responsibility:

You must read and understand all applicable terms before engaging in any transactions
These additional terms are legally binding and form part of your agreement with us
Changes to these terms will be communicated according to our standard notification procedures
Continued use of our Services after term updates constitutes acceptance

8.4 Our Role as Service Provider

Consignment Model:

We operate primarily as a consignee for artworks listed on our platform
Consignors (sellers) entrust their artworks to us for marketing and sale
We do not typically own the artworks unless explicitly stated
Clear ownership information is provided for each listing

Our Responsibilities as Consignee:

Professional marketing and presentation of consigned artworks
Secure storage and handling of physical artworks (where applicable)
Transparent transaction processing and record-keeping
Compliance with relevant consumer protection and commercial laws

Ownership Disclosure:

Where we own artworks directly, this will be clearly disclosed in the listing
We maintain clear records of ownership and consignment status
Ownership information is available upon request for any listed artwork

8.5 Transaction Facilitation Services

Platform Role: We act as an intermediary facilitating transactions between buyers and sellers, providing:

For Buyers:

Secure browsing and purchasing environment
Verified artwork information and provenance where available
Secure payment processing and buyer protection
Customer support throughout the purchase process
Post-sale services including delivery coordination

For Sellers/Consignors:

Professional marketing and presentation services
Access to our curated buyer network
Secure transaction processing and payment handling
Market expertise and pricing guidance
Administrative support for legal and regulatory requirements

Facilitation Standards:

All transactions comply with UK consumer protection law
We maintain appropriate insurance and bonding where required
Professional standards are applied to artwork handling and presentation
Transparent fee structures are clearly communicated

8.6 Legal and Regulatory Compliance

Consumer Protection:

All buyer transactions are subject to UK Consumer Rights Act protections
Distance selling regulations apply to online purchases
Clear cancellation and returns policies are provided
Dispute resolution procedures are available

Commercial Standards:

We comply with relevant UK commercial law and regulations
Anti-money laundering procedures are applied where required
Professional indemnity and appropriate insurance coverage maintained
Regular audit and compliance reviews conducted

Data Protection:

All transaction data is processed in accordance with UK data protection law
Personal information is used only for legitimate business purposes
Appropriate security measures protect sensitive transaction data
Data retention policies comply with legal requirements

8.7 Platform Integrity and Fair Trading

Quality Assurance:

Artwork descriptions and condition reports are prepared professionally
Provenance research is conducted where appropriate and possible
Market valuations are based on professional expertise and comparable sales
Any known issues or concerns are disclosed transparently

Fair Trading Practices:

Equal treatment for all users regardless of transaction size
Transparent pricing and fee structures
No hidden charges or undisclosed costs
Clear communication of all terms and conditions

Dispute Resolution:

Internal dispute resolution procedures for transaction issues
Access to independent dispute resolution services where appropriate
Compliance with relevant ombudsman schemes
Clear escalation procedures for unresolved issues

Note: These terms are designed to ensure fair, secure, and legally compliant art transactions while protecting the interests of both buyers and sellers. Your statutory rights under UK consumer and commercial law are preserved and not limited by these terms.

9. Customer Due Diligence and AML

As an Art Market Participant (AMP), Artscapy is obliged to follow certain Anti Money Laundering (AML) regulations. An Art Market Participant is defined in the Money Laundering Regulations (MLRs) as:

'a firm or sole practitioner who

by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to 10,000 euros or more; or
is the operator of a freeport when it, or any other firm or sole practitioner, by way of business stores works of art in the freeport and the value of the works of art so stored for a person, or a series of linked persons, amounts to 10,000 euros or more.'

AMPs must identify the physical person whom they are dealing in any transaction, or when dealing with a corporate body or a trust, the person or persons who control that entity. Any person or entity identified in this way will be required to verify and prove their identity, either through identity documents or official corporate documents, or electronically.

We maintain comprehensive AML procedures including:

Customer Due Diligence (CDD) for transactions over £8,500/€10,000
Enhanced Due Diligence (EDD) for high-risk customers
Ongoing monitoring and reporting of suspicious activities to the NCA
Regular training and compliance reviews

For detailed information on Customer Due Diligence requirements for buyers and sellers, please read the Buyers terms and the Sellers terms.

10. Additional Services

10.1 Art Advisory Services

Service Overview: Our Art Advisory service provides professional guidance throughout your art collecting journey through a dedicated team of sales professionals and client-facing advisory specialists. Each client is assigned a single point of contact for personalised service delivery.

Advisory Services Include:

Complete purchase and sales process facilitation between buyers and sellers
Market valuations and collection guidance
Collection development strategy and planning
Platform navigation and technical support
Face-to-face consultations when requested
Ongoing collection management advice

Investment Advice, Risk and Returns:

Investing in art involves inherent risks, including market volatility, loss of principal, liquidity risks, and fluctuations in value due to economic, political, or other external factors. Past performance does not guarantee future results, and there is no assurance that any investment in art will achieve its objectives or generate profits. Art may go up or down in value and your capital allocated to art investments and purchases is at risk.

Clients and prospective clients (including users or members of the site "Artscapy") should thoroughly research and consider their own financial objectives and risk tolerance before making any investment decisions.

Art investment carries significant risks. Art investment is not regulated by the Financial Conduct Authority (FCA) in the UK. This means art investments are not protected by the Financial Services Compensation Scheme (FSCS) and complaints cannot be referred to the Financial Ombudsman Service (FOS). Therefore, clients have no recourse to these protections when investing in art.

None of the information on our website should be construed or in any way interpreted as investment, financial, tax, or legal advice. The information has been prepared by Artscapy Ltd. ("Artscapy") without reference to any particular individual's investment goals or financial situation and contains summary information relating to Artscapy investment opportunities. You are encouraged to consult with qualified tax, legal, and financial professionals before entering into any artwork purchase or service related to art investment.

You are solely responsible for Your own investment decisions and must conduct independent due diligence. No guarantee or representation is made regarding the accuracy, completeness, or timeliness of any information provided.

Artscapy bears no liability for any direct or indirect loss arising from investment activities undertaken based on the information provided.

By proceeding with any investment or other service by Artscapy, clients confirm and are deemed by us to have accepted the above stated risks and omission of legal protections.

Our services are limited to art dealing, consignment, and facilitation.

10.2 Art Insurance Services

Service Overview: We provide art insurance services through partnership with specialist insurance provider. We act solely as an intermediary - our insurance partner serves as the legal insurance broker and policy processor.

Insurance Process:

Submit artwork information through our platform for review
Receive personalised insurance quotation from our partner provider
Review terms, conditions, and coverage details independently
Make informed decision regarding insurance purchase

Important Insurance Disclaimers:

We do not act as the insurer or provide insurance advice
Insurance terms, exclusions, and conditions are provided for information only
The decision to purchase insurance is entirely your responsibility
You must carefully review all policy documentation before acceptance

Your Responsibilities:

Read and understand all quotation terms before enrollment
Seek independent insurance advice if terms are unclear
Ensure accurate disclosure of all material facts to avoid claim rejection
Verify that coverage meets your specific requirements
Understand that insurers may reject claims for misrepresentation or non-disclosure

Professional Advice Recommendation: We strongly recommend consulting qualified insurance professionals to assess whether the coverage meets your individual needs and circumstances.

10.3 Artwork Appraisal Services

Service Overview: Our appraisal services provide accessible valuation updates for collectors through our Art Account platform, offering professional assessments for insurance and market value purposes.

Service Scope: Eligible Artworks:

Contemporary and Modern art (our core expertise)
Any medium - paintings, sculptures, photography, etc.
Limited edition or unique works
Works by established, known artists

Excluded Items:

Offset lithographs and open edition prints
Collectibles, toys, posters, or artist merchandise
Works by unknown or unestablished artists
Valuations for artists seeking to value their own work

Valuation Methodology: Our comprehensive assessment process includes:

Analysis of 30+ market data points
Artist's professional curriculum and exhibition history
Institutional and private collection presence
Art historical and cultural significance evaluation
Critical acclaim and market performance review
Conservative and optimistic value range estimates

Two Valuation Types:

Market Value Reports:

Fair market value assessment for general purposes
Based on comprehensive market analysis
Dual estimate approach (conservative and optimistic ranges)
Complies with FIRREA market value definitions where applicable

Insurance Value Reports:

Conservative valuation methodology approved by insurance partners
Available through your Art Account upon request
Designed for insurance coverage purposes

Important Limitations and Disclaimers:

Valuations performed on an "as-is" basis using provided information
Physical condition assessed through images and descriptions only
Physical inspection conducted only for high-value works or specific requirements
15% administration fee deducted from refunds for incorrect or non-compliant information
Valuations reflect our professional opinion based on available market data
Appraisals are provided for informational purposes only and are not intended for use in legal litigation, court proceedings, or any legal disputes.

Sample Report: Available at https://artscapy.com/m/ac_appraisals/download_sample_report

10.4 AI-Powered Artwork Estimation

Our website uses artificial intelligence technology to provide estimated valuations for artworks. These AI-generated estimates are based solely on artwork characteristics and publicly available market data. The system does not process or utilise any personal data, private information, user details, purchase prices, or location information in generating these estimates.

Important Notice: These AI estimates are provided for informational purposes only and should not be relied upon as professional advice or as a basis for financial decisions. The estimates represent indicative potential values only and should not influence any final decisions regarding artwork transactions or expected returns. For accurate valuations, please use Artscapy's professional appraisal service or consult with your Artscapy Art Advisor.

Do not represent a guaranteed sell or buy price and do not amount to an offer by Artscapy or any third party to transact at any price within the range;

Are subject to uncertainty and limitations in the underlying data and modelling, and may differ from prices achieved in actual market transactions; and

Do not constitute investment advice or a personal recommendation to buy, sell or hold any artwork.

Actual transaction outcomes will depend on market conditions, the specific work, counterparties, negotiation and other factors outside the model.

10.5 Art-Backed Financing Services

Service Overview: We act as intermediary broker for Artscapy Finance Ltd, providing art-backed financing solutions that allow collectors to borrow against their artworks as collateral.

Regulatory Notice: This service is operated outside consumer credit regulations and is not covered under the UK Financial Services Compensation Scheme. This service is restricted to high net worth individuals only and does not benefit from standard consumer protections. You are required to check and agree with the Artscapy Finance Terms and Conditions below.

1. Overview

By submitting a loan enquiry through the Artscapy platform (operated by Artscapy Ltd, “we”, “us”, or “our”), you acknowledge and agree to the following Terms and Conditions (“Terms”) under the service provider Artscapy Finance Ltd. Please read them carefully before proceeding.

Submission of a loan enquiry does not constitute a loan offer, loan approval, or binding agreement of any kind. All financing requests are subject to full due diligence, independent valuation, and credit assessment.

2. Nature of Service

Artscapy Finance provides art-secured lending solutions for collectors, galleries, and institutions seeking liquidity against fine art and related collateral. By submitting an enquiry, you are requesting a preliminary review of your eligibility for such financing. The review is indicative only and may be withdrawn, revised, or declined at any time at our sole discretion.

3. Eligibility

Loan enquiries are accepted only from individuals or entities who:

Qualify as High Net Worth Individuals or Professional Clients under Article 50A of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001;
Can demonstrate legal and beneficial ownership of the proposed artwork(s); and
Meet Artscapy Finance’s minimum internal criteria for facility size, collateral quality, and loan-to-value.

Eligibility and minimum thresholds are assessed at our discretion during preliminary review.

4. Non-Binding Nature

Submitting a loan enquiry does not:

Create a lending relationship or binding commitment between you and Artscapy Finance;
Guarantee that a loan will be offered, approved, or funded;
Constitute investment, legal, or financial advice.

Any subsequent loan terms will be set out in a separate, legally binding facility agreement and related security documentation.

5. Information and Due Diligence

You agree that all information you provide (including personal data, artwork details, valuations, and provenance records) is accurate, complete, and up to date.

We may conduct due diligence checks including, but not limited to:

Artwork authenticity and provenance verification;
Creditworthiness assessment;
Title and ownership verification;
Compliance with anti-money laundering and counter-terrorist financing regulations.

Submission of false or misleading information may result in automatic rejection of your application and, where applicable, legal action.

6. Collateral and Risk

Loans arranged through Artscapy Finance are secured against artworks or other eligible collateral. You understand that:

The pledged artwork may be seized and sold if you default on repayment obligations;
Loan-to-value ratios, interest rates, and term structures vary depending on market, borrower, and collateral factors;
Market volatility, authenticity disputes, or title claims may affect the value and enforceability of collateral.

You acknowledge that art-secured lending involves financial and legal risks which you must assess independently.

7. Professional Advice

Artscapy Finance does not provide investment, tax, or legal advice.

You are strongly encouraged to seek independent professional advice before proceeding with any financing arrangement, including advice regarding ownership rights, loan structure, and tax implications.

8. Regulatory Status

Artscapy Finance Ltd is a UK company providing non-regulated, high net worth–restricted art finance.

Our services are not regulated by the Financial Conduct Authority (FCA), and loans arranged through us are not covered by the Financial Services Compensation Scheme (FSCS) or any other form of statutory protection.

This service is intended exclusively for high net worth individuals and professional counterparties who understand and accept the risks involved.

9. Confidentiality and Data Protection

All information submitted through this form will be handled in accordance with our Privacy Policy.

We may share relevant data with affiliated companies, professional advisors, and third-party service providers strictly for the purposes of assessing, structuring, or administering a potential loan facility.

10. Intellectual Property

All intellectual property rights in the Artscapy Finance platform, including branding, content, and materials, remain the exclusive property of Artscapy Ltd or its licensors. You may not copy, reproduce, or distribute any material without prior written consent.

11. Limitation of Liability

To the fullest extent permitted by law, Artscapy Finance Ltd shall not be liable for any loss, damage, or expense (direct, indirect, or consequential) arising from:

Submission of a loan enquiry;
Reliance on indicative terms or estimates;
Any interruption, delay, or inaccuracy in Artscapy platform or communications.

Our liability, if any, shall be limited to the value of any fees paid by you in connection with the specific loan enquiry (if applicable).

12. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

By clicking “I Agree” and submitting your enquiry, you confirm that you have read, understood, and accepted these Terms and Conditions.

General Service Disclaimer: All additional services are provided subject to separate terms and conditions. These services supplement but do not replace professional advice from qualified specialists in relevant fields.

11. Mobile Application

As part of our Services, we may offer you the use of our Artscapy mobile application. To access and use our application, you will need a compatible device. We cannot guarantee that our application will be compatible with your device.

Your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply. By downloading our application, you expressly agree that we may communicate with you through your device, and certain information about your usage of the application may be communicated to us from your device automatically.

Your use of our application is subject to these Terms and any other applicable terms that we may post on our Services or otherwise make available to you in connection with our application. We may update our application without notice, at any time at our sole discretion, and these Terms will apply to any updated versions.

11.1 App Stores

By downloading the Artscapy mobile application from a third-party app store (the "App Store"), you acknowledge and agree:

These Terms of Use are an agreement between us and not with the App Store
The App Store has no duty to provide maintenance or support services for our application
The App Store is not accountable for addressing any claims you have with regard to the application or your use of the application
If a third party claims an application infringes another party's intellectual property rights, as between the App Store and Artscapy, Artscapy will be responsible for the investigation, defence, settlement, and discharge of any such claim to the extent required by these Terms
The App Store and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license to the applications. Upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof
You must also comply with all applicable third-party terms of service when using the applications

12. Intellectual Property

12.1 Our Intellectual Property Rights

You acknowledge that except for any User-Generated Content, any and all other software (including source code), logos, icons, the website's "look and feel", text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights therein is owned solely and exclusively by Artscapy and/or its licensors and are protected by the United Kingdom and international copyright, trade secret or other intellectual property laws and treaties.

12.2 Restrictions on Use

You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms. Additionally, you may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

The Artscapy name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Artscapy, its affiliates, or its licensors. Other names, logos, product and service names, designs, and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Artscapy. You may not use, copy, or imitate any such branding, logos, designs, without the express prior permission of Artscapy.

13. Third Party Intellectual Property Rights and Copyright Claims

13.1 Intellectual Property Respect

Artscapy respects the rights of intellectual property owners. If you believe that any content infringes your intellectual property rights or other rights, contact us at info@artscapy.com.

If a copyright holder notifies Artscapy that any content infringes a copyright, Artscapy may, in its reasonable discretion, remove such content from the Service or take other steps that Artscapy deems appropriate, without prior notification to the user or other party who supplied or posted that content.

If such user or other party believes that the content is not infringing, he or she may in certain circumstances submit a counter-notification to Artscapy with a request to restore the removed content, which Artscapy may or may not honour, in Artscapy's reasonable discretion.

We reserve the right to remove or disable access to any Artscapy content or any other materials posted to or otherwise displayed through the Services, including any Artscapy content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company, or other entity. We will not be liable for the removal of or disabling of access to any Artscapy content or materials.

14. Privacy Policy and Cookies Policy

Use of the Services is also governed by our Privacy Policy - https://artscapy.com/page/privacy and Cookies Policy - https://artscapy.com/page/Cookie-Policy, which are incorporated into these Terms of Use by this reference.

15. Availability of the Service

Artscapy has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on Artscapy and provides that information on an "as is", "as available" basis. Artscapy does not give or make any warranty or representation of any kind about the information contained on Artscapy, whether express or implied.

Use of Artscapy and the materials available on it is at your sole risk. Artscapy cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Artscapy is free of viruses or other harmful components.

You accept that Artscapy will not be provided uninterrupted or error-free, that defects may not be corrected, or that Artscapy, or the server that makes it available, is free of viruses or bugs, spyware, Trojan horses, or any similar malicious software. Artscapy is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.

16. Third Parties

Our Services may include links and features that enable you to access third-party websites or services, and other websites or services may include links to our Services. Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods, or services on or available from any such websites or services.

You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods, or services on or available from any such websites or services. You acknowledge and agree that Artscapy is not responsible and will not be liable for:

The accuracy or availability of any such websites or services; or
Any information, materials, goods, or services on or available from any such websites or services.

17. Disclaimer of Warranties

Your use of the Services is at your own risk. We provide the Services "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, non-infringement, and fitness for a particular purpose, any warranties arising out of course of dealing or usage of trade, any warranties that the Services will meet your requirements or be available, accessible, uninterrupted, timely, secure, or free of errors, and any warranties that any buyers, prospective buyers, bidders or sellers will complete any transactions or otherwise perform as promised, all of which Artscapy expressly disclaim to the fullest extent permitted by applicable law.

In no event will Artscapy be liable or responsible for any errors or omissions in connection with the execution of any bids (whether online, offline, on the Services, in an email, or otherwise), or for any inability or failure to access the Services, including but not limited to any failures resulting directly or indirectly from any loss of internet or telephone connection or from any breakdowns or malfunctions of the Services or any computer, device or system directly or indirectly affecting the availability or operation of the Services.

18. Limitations of Liability

Nothing in these Terms of Use will:

Limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable
Limit or exclude our or your liability for fraud or fraudulent misrepresentation
Limit or exclude any of our or your liabilities in any way that is not permitted under applicable law

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Artscapy accepts no liability for any of the following:

Any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill, or commercial opportunities
Loss or corruption of any data, database, or software
Any special, indirect, or consequential loss or damage

19. Indemnity

You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms of Use or your use of the website, including any upload provided or submitted, posted, or transmitted through the website.

20. General Terms

We reserve the right to modify, amend, or change these Terms at any time (a "Change"). If we do this, then the Changes will be posted on this page, and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.

If you do not accept any Change to the Terms, you should stop using Artscapy immediately. Your continued use of Artscapy following any Change constitutes your acceptance of the Change, and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

These Terms, including our Privacy Policy, our Buyers Terms and Conditions of Sale, our Sellers Terms and Conditions for Sale, other applicable agreements, and any other Terms of Use incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between us and you in relation to your use of Artscapy and supersedes all previous agreements, representations and arrangements between us (either oral or written).

Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Nothing in these Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

Last Updated: 19.11.2025