Terms of service

Version 1.0 January 2024

Artlinq offers through its App and Website Subscriptions to Software that allows its Customers to display Artworks on a digital screen, such as a TV or Monitor.

These are Artlinq’s Terms of Service (hereinafter also the “Terms of Service”), which govern any agreement between Artlinq and the Customer for any use of the App, Website, and Software offered by Artlinq. By your acceptance of these Terms of Service on the Website, they become effective between you and Artlinq. You cannot use the App, Website, and/or Software without accepting these Terms of Service.

1. Definitions

Subscription: access to the Software for which a periodically recurring fee is charged.
Account: the Customer’s Account with Artlinq opened on behalf of the Customer after registration on the Website.
Customer: individual private person or legal entity using the App, Website, and/or Software. Customer is also referred to as “you”.
Artlinq: Artlinq BV, a limited liability company under Dutch law, registered with the Chamber of Commerce under registration number 87481006. Located at Brouwersgracht 97, 1015 GC Amsterdam. Artlinq BV is also referred to as “we/our/our”.
Agreement: any agreement between Artlinq and the Customer of which these General Terms of Service form an integral part.
Software: the Software offered by Artlinq that allows its Customers to display Artworks on a digital screen, such as a TV or Monitor.
Artworks: all works available through the Artlinq App, Website, and/or Software.
Website: the Website of Artlinq, with the domain www.artlinq.io and the extensions ‘.app’, ‘.xyz’ and all subdomains.

2. Registration and Account

If you wish to use our App, Website, and/or Software please go to artlinq.io. There you can register and create an Account to use the App, Website, and/or Software.
During registration, you will need to enter some personal information, including an email address and password. We recommend that you choose a unique and strong password, for which you are solely responsible.
You are required to keep your login information, including your password, strictly confidential. We assume that all actions taken from your Account are performed by you or under your supervision. Artlinq is not liable for any misuse of your login credentials.
By registering and entering your personal data, and accepting our Privacy Policy, you agree to your data being stored by us, according to the terms set forth in our Privacy Policy. You can find our Privacy Policy here: https://artlinq.io/cookie-and-privacy-policy/
You agree to provide current, complete and accurate information. You agree to promptly update the information in your Account as needed so that we may contact you if necessary.
Artlinq reserves the right to change verification requirements. We will notify our Customers at least thirty (30) days prior to the implementation of any changes. When additional verification is required by law, existing Accounts may be immediately blocked until the required verification is provided.
In case of suspected criminal activity, Artlinq reserves the right to immediately block your Account until legitimacy is established.
You are responsible for having a secure:
1. internet connection;
2. computer, tablet, smartphone or other device that can be used to connect to our App, Website, and/or Software via the Internet and that is equipped with up-to-date measures against hackers, viruses, spam, etc.;
3. e-mail account to which only you have access and through which Artlinq’s e-mail messages can be received without hindrance.

3. Subscription, cancellation and payment

The Customer needs a Subscription to use the App and/or Software.
The subscription runs from the effective date until the date of termination.
The Subscription can be cancelled monthly.
After cancellation the Customer will be able to continue using the App and/or Software until the end of the subscription period.
Subscription cancellation does not constitute an Account removal. The Customer may reactivate the Subscription at any time.
The Subscription is offered for a subscription fee.
The first fourteen days of the Subscription are free of charge.
Artlinq may, at its sole discretion, terminate any Customer’s Subscription, subject to timely notice. For example, the Subscription may be terminated by Artlinq if (but not limited to):
a. the Customer has not entered his/her payment details during the first fourteen free days;
b. the Customer has an outstanding invoice for which the payment period has expired;
c. Artlinq believes that the Customer is not complying with these Terms of Service.
Customers are not entitled to claim for damages or losses incurred as a result of a subscription termination.
Customer represents, confirms and warrants that all amounts paid by Customer to Artlinq do not arise in any way, directly or indirectly, from any illegal act or omission or are the product of criminal activity.

4. Information, offers and pricing

The content on the App, Website, and Software has been compiled with the utmost care. We strive to provide information that is as current and complete as possible. Despite the care taken, it is possible that information is outdated or contains inaccuracies. Artlinq reserves the right to change information.
All offers on the Website are without obligation. However, all offers are always subject to these General Terms of Service.
Prices on the Website are inclusive of VAT.
Artlinq may always adjust its prices subject to a 30-day period. If you do not agree with a price change, you may cancel the contract with us immediately.

5. Reasonable use of the App, Website and/or Software

By using the App, Website, and/or Software, you represent that you are at least eighteen (18) years of age. Should Artlinq discover that you were not at least eighteen years old at the time of registration, we may immediately revoke your login credentials and cancel your Subscription. You will not be entitled to a refund of any subscription fees already paid.
You may not use the the App, Website, and/or Software in such a way that you violate Dutch law or other applicable laws and regulations.
As a condition of using the the App, Website, and/or Software, you agree not to provide us with any information, data or content that is false, inaccurate, incomplete or that violates any law or regulation. In addition, you agree that you will not, nor allow third parties to:
a. enter non-public / secure areas of the App, Website, and/or Software;
b. transmit viruses, worms, junk mail, spam, chain letters, unsolicited offers or advertisements of any kind and for any purpose;
c. examine, scan or test the App, Website, and/or Software or any related system or network, or violate any security or authentication;
d. use automated Software to record data from the App, Website, and/or Software (“screen-scraping”);
e. make and distribute copies of the App, Website, and/or Software;
f. attempt to sell, distribute, copy, rent, sublicense, lend, merge, reproduce, modify, adapt, reverse engineer, disassemble, decompile, transfer, translate, hack, distribute or harm the App, Website, and/or Software;
g. create derivative works of any kind.
You may not create an Account under someone else’s name or otherwise impersonate someone else.
In the event that the Account is a company Account, only an authorized person may use the company account. It is the Customer’s responsibility that only authorized persons have access to the company Account.
If you receive personal data or other sensitive information from other Customers, please keep this information confidential.
Artlinq has the right to block your Account (temporarily or permanently) and deny you access to the App, Website, and/or Software if we suspect misuse of the Account or the Website. We may also block your Account and deny you access to the App, Website, and/or Software if you fail to comply with these Terms.

6. Privacy

Artlinq respects your privacy and complies with the EU General Data Protection Regulation (GDPR). When you use our App, Website, and/or Software, we collect certain personal data from you. Our Privacy Policy tells you what personal data we collect and for what purposes. You can find our Privacy Policy here: https://artlinq.io/cookie-and-privacy-policy.

7. Intellectual property

Artlinq is the owner and/or licensee of all intellectual property rights vested in and related to (all content made available through) the App, Website, and/or Software, such as – but not limited to – patents, patent applications, trademarks, trademark applications, database rights, service marks, trade names, copyrights, trade secrets, licenses, domain names, know-how, proprietary rights and processes (“Intellectual Property Rights”).
Artlinq grants its Customers a non-transferable, non-exclusive, non-sublicensable and revocable license intended for fair use of the App, Website, and/or Software on a subscription basis as offered on App and Website. You may not access the contents of the App, Website, and/or Software for any other purpose.

8. Availability of the App, Website, and Software and Disclaimer of Warranties.

The App, Website, and Software are available on computers and portable mobile devices running iOS and Android. Artlinq will use reasonable efforts to make the App, Website, and Software available at all times. However, Customer acknowledges that the App, Website, and Software is provided over the Internet and mobile networks and that the quality and availability of the App, Website, and/or Software may be affected by factors beyond Artlinq’s reasonable control.
Artlinq assumes no responsibility for the unavailability of the App, Website, and/or Software, or any difficulty or inability to download or access content, or any other communication system failure that may result in the unavailability of the App, Website, and/or Software.
Artlinq is not responsible for any support or maintenance related to the App, Website, and/or Software. Artlinq may – at its sole discretion – update, modify or adapt the App, Website, and/or Software and their functionalities from time to time to improve the customer experience. Artlinq is not responsible for any downtime resulting from these actions.
Artlinq hereby disclaims all warranties, including implied warranties, regarding the availability of the App, Website, and/or Software to the fullest extent permitted by applicable law. The App, Website, and Software are provided “as is” and “as available” without warranty of any kind.

9. Support

Artlinq may be contacted for questions regarding the App, Website, and/or Software.
Artlinq only provides support regarding the operation of the App, Website, and/or Software.
Artlinq may upload general manuals and instructional videos on the functioning of the App, Website, and/or Software.
All manuals and instructions uploaded by Artlinq are general and in no way contain personal advice. Their use is solely at the Customer’s risk and expense.

10. Liability

Working with software in an online environment involves risks. These include hacks, software errors, communication failures and other situations that can lead to damage for the Customer. The Customer is aware that the aforementioned damages, if they can be attributed to Artlinq at all, cannot be insured by Artlinq or cannot be fully insured by Artlinq, other than at very high costs, which costs Artlinq would then have to pass on in the rates it charges to the Customer.
You agree that Artlinq will limit its liability for damages to you to the maximum extent possible under the law and case law.
Artlinq shall not be liable to its Customers for any damages (direct or indirect) suffered as a result of the use of the App, Website, and/or Software or the content provided thereon. For example, Artlinq shall not be liable for (but not limited to):
the malfunctioning of Customer’s Digital Screen;
b. hacker attacks and their consequences;
c. power outages, network problems or hacker attacks that prevent our systems, or third-party systems required for business operations, from being used;
d. indirect damages including (but not limited to): consequential damages, lack of financial benefit, financial loss, loss of data and intangible loss, due to the use of the App, Website, and/or Software;
e. the proper functioning of (hyper) links provided by the App, Website, and/or Software;
f. any situation where the Customer’s equipment, login details and/or password is stolen and a third party subsequently uses the App, Website, and/or Software without the Customer’s permission;
g. any damage to or alteration of Customer’s equipment, including but not limited to mobile phone, ipad, computer, laptop, monitor, screen, display and/or TV equipment or any handheld device resulting from the installation or use of the App, Website, and/or Software.
Artlinq shall not be liable for any failure to perform any of Artlinq’s obligations under these Terms where such failure is due to events beyond Artlinq’s reasonable control.
Artlinq shall not be liable for damage resulting from the acts and/or omissions of Artlinq and its employees as well as in the event of non-performance, untimely, incomplete or inaccurate or defective performance of the orders submitted to it and/or contracts concluded with it. Regardless of the basis for liability invoked by the Customer, Artlinq shall not be liable, among other things, for indirect damages, including consequential damages, lost profits, damages due to business interruption and all damages that are not considered direct damages.
To the extent that Artlinq is liable for damages, such damages shall at all times be limited to (at Artlinq’s option): (a) a maximum of the average monthly invoice amount for the service provided by Artlinq to which the damages relate, or (b) the amount actually paid out under any insurance policy taken out by Artlinq in this regard.
Claims for damages expire if they are not brought before the competent court within one year after discovery of the damage.
The limitation or exclusion of liability stipulated in this clause shall not apply insofar as damage is the result of intentional acts, gross negligence or deliberate recklessness on the part of Artlinq and/or its executives, whether or not subordinate.

11. Indemnification

Customers shall indemnify Artlinq for and against all, liability, damages and costs (including settlement costs and reasonable attorneys’ fees) arising from third party claims relating to:
a. any injury or damage resulting from Customer’s conduct with respect to the use of our App, Website, and/or Software;
b. Customer’s breach of these Terms or violation of any applicable law, regulation or directive.

12. Termination of services

Artlinq may terminate its services at any time without giving reasons. To the extent possible, Artlinq will notify the Customer fourteen (14) days prior to termination.
The Customer is not entitled to a refund for remaining subscription fees after termination.
Artlinq shall not be liable to the Customer for any damages (direct or indirect) suffered as a result of a termination of its services.

13. Miscellaneous

Artlinq reserves the right to change these Terms of Service. When we make material changes to these Terms, we will notify our Customers via email (if the Customer has provided us with their email address) and post a notice on our Website along with the updated Terms. By continuing to use the Website, you acknowledge the most recent version of these Terms of Service.
Our failure to enforce (parts of) these Terms shall not be construed as consent or waiver of the right to enforce them at a later time or with another Customer.
The Customer cannot assign the rights and obligations under these Terms to third parties.

13. Validity or enforceability

The invalidity or unenforceability of any clause of these Terms shall not affect the validity or enforceability of any other clause of these Terms. Any such invalid or unenforceable clause shall be replaced or deemed to have been replaced by a clause deemed valid and enforceable and which interpretation is as close as possible to the intent of the invalid clause.

14. Applicable law and competent court

These Terms of Service are exclusively governed by and construed in accordance with Dutch law.
Unless otherwise prescribed by rules of mandatory law, all disputes resulting from, or arising as a result of, these Terms of Service shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.
Before submitting a dispute to the court, the parties will first attempt to resolve any dispute amicably.

15. Complaints, comments and suggestions

Artlinq strives to provide you with the best possible service. If you have a complaint, comment or suggestion, please contact us at contact@artlinq.io. Please include your contact information and a clear description and reason for your complaint. We will respond to all requests within a reasonable time, but at least within four weeks.