Terms of Service

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and ArtVest by usaconmonetferma.com ("we," "us" or "our"), concerning your access to and use of the usaconmonetferma.com website and the ArtVest platform, as well as any other related services provided by us (collectively, the "Services").

By using the Services, you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms of Service, you are not authorized to use our Services. You must be at least 18 years of age to use our Services.

Unless otherwise indicated, the ArtVest platform and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may access the content on our platform solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

By using the Services, you represent and warrant that:

• You have the legal capacity to enter into these Terms of Service and to comply with and be bound by them.
• You are at least 18 years old.
• You are a U.S. citizen, permanent resident, or have a valid U.S. investor visa.
• You will not access the platform through automated or non-human means.
• You will not use the platform for any illegal or unauthorized purpose.
• Your use of the platform will not violate any applicable law or regulation.
• All information you provide to us is true, accurate, current, and complete, and you will maintain and promptly update such information to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform without notice.

To access certain features of the platform, you must register for an account. When you register, you will be required to provide certain information and to create a username and password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device.

You accept responsibility for all activities that occur under your account or password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable, or to terminate your account at any time without notice if you are in breach of these Terms of Service.

ArtVest offers a platform for investing in fractional ownership of art through regulated securities offerings. When you make an investment through our platform, you are purchasing securities that represent an ownership interest in specific artwork or a collection of artworks.

All investment opportunities on our platform are offered pursuant to Regulation A+ of the Securities Act of 1933 and have been qualified by the Securities and Exchange Commission (SEC). Before investing, you should carefully review the offering circular and other disclosure documents provided for each investment opportunity.

Investments made through our platform are speculative, illiquid, and involve a high degree of risk, including the potential loss of your entire investment. You should only invest if you can afford to lose your entire investment.

We do not provide investment advice, and nothing on our platform should be construed as investment advice or a recommendation to invest in any particular offering. We strongly encourage you to consult with a financial advisor, attorney, accountant, and/or tax professional before making any investment decisions.

By using our platform, you agree to pay all applicable fees associated with your investments. These fees may include:

• Sourcing fee (typically 0-10% of the offering amount)
• Annual management fee (typically 1-2% of asset value)
• Transaction fees for secondary market trades (if applicable)
• Performance fee on profits when an artwork is sold (typically 20% of net profits)

The specific fees applicable to each investment opportunity will be clearly disclosed in the offering documents for that opportunity. All fees are subject to change, and we will provide notice of any fee changes by updating the platform or sending you an email.

Payment processing on our platform is handled by our third-party payment processors. By providing your payment information, you authorize us and our payment processors to charge the applicable amounts to your designated payment method.

For investment commitments, you may cancel your investment commitment up to 48 hours before the offering deadline. After that time, your investment commitment is binding unless the offering fails to reach its minimum funding goal or there is a material change to the offering terms.

For subscriptions to premium services, you may cancel your subscription at any time by contacting our customer service team. However, no refunds will be issued for the current billing period, and your subscription will remain active until the end of that period.

All cancellation requests must be submitted in writing to the contact information provided below.

You may not access or use the platform for any purpose other than that for which we make the platform available. The platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the platform, you agree not to:

• Systematically retrieve data or other content from the platform to create or compile, directly or indirectly, a collection, compilation, database, or directory.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
• Circumvent, disable, or otherwise interfere with security-related features of the platform.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the platform.
• Use any information obtained from the platform in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the platform in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the platform.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming, that interferes with any party's uninterrupted use and enjoyment of the platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the platform.
• Delete the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the username of another user.
• Engage in any form of market manipulation, including but not limited to making false or misleading statements to artificially drive up or down the price of any artwork or securities on our platform.

The platform may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. By providing such content on the platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:

• The content is yours or you have the right to use it and grant us the rights and license as provided in these Terms of Service.
• The posting of your content on or through the platform does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

We reserve the right to remove any content from the platform at any time, for any reason, without notice.

Investing in art through our platform involves significant risks, including but not limited to:

• Illiquidity Risk: Art investments are highly illiquid. There is no guarantee that you will be able to sell your shares when you want to, and you may need to hold your investment for several years.
• Market Risk: The art market can be volatile, and the value of artwork can fluctuate based on factors such as artist popularity, economic conditions, and changing tastes.
• Concentration Risk: If you invest a large portion of your portfolio in a single artwork or artist, your investment is subject to greater risk than if it were diversified across multiple assets.
• Physical Risk: Artwork can be damaged, destroyed, or stolen, despite insurance and security measures.
• Regulatory Risk: Changes in laws or regulations may adversely affect the value of your investment or the ability to sell your shares.
• Authentication Risk: There is always a risk that an artwork could later be determined to be inauthentic or have provenance issues, which could significantly impact its value.

This list of risks is not exhaustive, and you should carefully review the specific risk factors disclosed in each offering before investing. You should only invest an amount that you are willing to lose entirely.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM;
• ANY CONTENT OBTAINED FROM THE PLATFORM; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES IS AT YOUR SOLE RISK.

WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PLATFORM AND OUR SERVICES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ITS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE PLATFORM. WE DO NOT GUARANTEE THAT ANY INVESTMENT WILL ACHIEVE ITS INVESTMENT OBJECTIVES OR THAT YOU WILL RECEIVE A POSITIVE RETURN ON YOUR INVESTMENT. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE RESULTS.

WE ARE NOT FIDUCIARIES BY VIRTUE OF ANY PERSON'S USE OF OR ACCESS TO THE PLATFORM OR SERVICES. WE DO NOT PROVIDE PERSONALIZED INVESTMENT ADVICE OR RECOMMENDATIONS, AND NOTHING ON THE PLATFORM SHOULD BE CONSTRUED AS INVESTMENT ADVICE OR RECOMMENDATIONS.

These Terms of Service and your use of the platform shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms of Service or your use of the platform shall be brought exclusively in the state or federal courts located in New York, New York, and you hereby consent to the jurisdiction of such courts.

You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We reserve the right, in our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the platform.

If you have any questions about these Terms of Service, please contact us at:

Email: legal@usaconmonetferma.com
Phone: (212) 555-7890
Address: 345 Art District Avenue
New York, NY 10012