Terms of Service

Last Updated: May 30, 2024

In a Nutshell

  • Our goal is to create a safe space for artists to publish their artwork.
  • We do not allow any AI-generated content.
  • We will not tolerate any content that is illegal, hateful, or otherwise harmful to others.
  • We don't own your content, and you retain all ownership rights you have in the content you post to Artgram.
  • We need a license for your content to display it and offer our services. We will not include your art in ads, or AI-models, or similar use-cases that are not part of our core business (protecting your art and helping you make money as an artist).

The Gist

We (the folks at Artgram) are on a mission to create a safe space for artists to publish their artwork. We hope you love our products and services as much as we love creating them for you. These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don't agree to these Terms, don't use our services. We want them to be aligned with your needs and expectations as a community of artists, so please reach out to us if you have any concerns that anything in this document does not contribute to that.

If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom ("European User"), some special terms apply to you as mentioned below.

General Terms of Service

These Terms govern your access to and use of the products and services on artgram.co, artgr.am, and their subdomains.

1. Who's Who

"You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

We refer to Artgram as "Artgram", "us," or "we" throughout these Terms.

2. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.

3. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about important updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we're able to verify your account information, like your email address.

Many things you would expect to be opt-in by default, are opt-out by default like sending marketing emails to you. We consider these non-essential and in conflict with our mission for a great experience on our platform. You are however free to opt-in to one of these features at any time.

You're solely responsible and liable for all activity under your account. You're also fully responsible for maintaining the security of your account (which includes keeping your password secure). We're not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of an artwork you made, that's on you. Don't share or misuse your access credentials.And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. We're committed to protect your data and apply best practices to fulfill our responsibility to keep your data safe. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.

4. Responsibility of Visitors and Users

We haven't reviewed, and can't review, all of the content (like images, comments or other uploads) posted to or made available through our Services by users or anyone else ("Content") or on websites that link to, or are linked from, our Services.

We are applying sophisticated methods for moderation to avoid misuse like posting AI-generated content.

We're not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don't have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don't endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You're fully responsible for the Content available on your website, and any harm resulting from that Content. It's your responsibility to ensure that your website's Content abides by applicable laws and by the Agreement.
  • We aren't responsible for any harm resulting from anyone's access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You're responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that's for sale through any of our Services is the seller's sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. General Representation and Warranty

Our mission is to create a safe space for you to publish your artwork or hire an amazing artist. Our Services are designed to give you control and ownership over your artwork, while simultaneously providing layers of security to protect your artwork. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not be to distribute AI-generated content, if the AI contributed a significant amount to the artwork;
  • Will not infringe or misappropriate the intellectual property rights of Artgram or any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

6. Specific Service Terms

a. artgram.co Websites and Accounts

artgram.co is a platform for professional artists and their artwork, and we would love for you to use it. An artgram.co account also allows you to sign into some of our other Services. Our basic service is free, but we might offer plans that add advanced features in the future like legal insurance to protect your artwork. We don't own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your portfolio or any other area of the site under your control. If you find an artgram.co website that you believe violates these Terms, please let us know.
Your artgram.co Username. If you create a website on artgram.co, you get free use of your portfolio page, like artgram.co/dvolution. You must not engage in "username squatting," claim an unreasonable number of usernames (as determined by us), or sell access to any accounts.
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your portfolio. Running Artgram without this license would be impossible. However, we will not sell your Content to third parties without your permission or will use your art in a way that's harmful to you in execution of your profession. That means we won't include your art in ads, or AI-models, or similar use-cases without your consent.
AI Usage: AI can be used for good and we want to be a good example of that. The only AI we currently use is our AI-detection model. We constrain ourselves to never let anything this model "knows" manifest in any other way than a binary decision (whether an image was made by a human or not). The AI will never visually manifest any of it's knowledge, so we can't use it to generate images for example. Additionally, we constrain ourselves to never sell the model or services based directly on this AI to third parties. Removing Content. If you delete Content, we'll use reasonable efforts to remove it from public view (or in the case of a private portfolio, from view by the authorized visitors) on artgram.co, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We don't use third party services to measure audience and usage. By having your account and art on artgram.co, you agree to assign the traffic for your website to Artgram, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your portfolio's traffic is considered traffic to Artgram, your website may not receive credit for traffic in the respective reports, and you must not assign your website's traffic to any other party.
Advertisements. We do not display ads to visitors of your content, whether it's your portfolio or an individual artwork, unless we have your explicit consent.
Attribution. We may display attribution text or links in website footers or certain features, noting that your the site is powered by artgram.co as long as it's clear that we do not refer to your owned content.

7. Copyright Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.

8. Intellectual Property

The Agreement doesn't transfer any Artgram or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Artgram and you) solely with Artgram. Artgram and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Artgram (or Artgram's licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any Artgram or third-party trademarks.

9. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, prints, provided or manufactured by a third party or yourself ("Third-Party Services").

If you use any Third-Party Services, you understand that:

  • Third-Party Services aren't vetted, endorsed, or controlled by Artgram.
  • Any use of a Third-Party Service is at your own risk, and we won't be responsible or liable to anyone for Third-Party Services.
  • Your use is solely between you and the respective third party ("Third Party") and is governed by the Third Party's terms and policies.
  • Some Third-Party Services may request or require access to your data — or to your visitors' or customers' data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party's privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.
  • If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

10. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the "Last Updated" date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.

12. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Artgram policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website's storage or bandwidth usage burdens our systems (which is rare), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

13. Disclaimers

Our Services are provided "as is." Artgram and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Artgram, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

14. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.

15. Limitation of Liability

In no event will Artgram, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Artgram under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Artgram shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Artgram isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates' total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.

16. Indemnification

You agree to indemnify and hold harmless Artgram, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user's website.

17. US and EU Economic Sanctions

You agree that our ability to provide our paid Services to you is subject to compliance with US and EU sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Artgram to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.

18. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us at [[email protected]].

19. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

20. Minimum Age Requirements

Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you're at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

21. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Artgram and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Artgram may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Terms of use for the Artgram marketplace

1. Definitions and scope of application

  • “Seller”: A user who offers digital content for sale on the Artgram marketplace.
  • “Buyer”: A user who purchases digital content on the Artgram marketplace.
  • “Products”: Digital content offered for sale on the Artgram marketplace.
  • “Digital Goods”: Digital works, including but not limited to graphics, illustrations and designs, that are traded on the Marketplace. These Terms of Use apply to all transactions, interactions and other activities that take place on the Artgram Marketplace.

2. Licensing and copyrights

Sellers grant Artgram a non-exclusive, worldwide, royalty-free license to use, display, distribute and promote their digital content on the Marketplace. This license allows Artgram to use the content as part of its platform and marketing activities without infringing on the sellers' copyrights. By purchasing, buyers receive a non-transferable license to use the digital goods for personal or commercial purposes, subject to the restrictions set forth in the Terms of Use. This license allows buyers to use the purchased digital content, but not to redistribute or resell it without the express written consent of the seller. These regulations safeguard the rights of the authors as well as those of the platform and its users. The specific conditions for the use of the digital goods, including any restrictions and rights associated with the purchase, are clearly defined.

3. Rights of use

Digital goods purchased via Artgram may be used by the buyer for personal or commercial projects. No transfer, duplication or resale of the digital goods is permitted without the express written consent of the seller.The Buyer is granted a non-exclusive, non-transferable license to use the Digital Goods in accordance with the agreed terms. Any use that goes beyond the agreed rights requires the prior written consent of the seller. By purchasing and using the Digital Goods, you agree to use them only in accordance with the applicable copyright and license terms. Any unauthorized use may have legal consequences.

4. Product descriptions and presentation

Sellers are responsible for the accuracy and legal compliance of all content in their product descriptions. Misleading, inaccurate or unlawful information may result in the removal of the product or sanctions on Artgram. Sellers must ensure that their product descriptions comply with all relevant copyright and trademark laws. Artgram reserves the right to review product descriptions and take action for violations of these guidelines, including removal of the product or suspension of the seller's account.Reviews and feedback from buyers should be considered a valuable means of improving product offerings. Sellers are encouraged to respond to feedback and make necessary adjustments to ensure the quality and accuracy of their product descriptions.

5. Transactions

All purchases and sales on the Marketplace are subject to the payment terms and procedures established by Artgram. Artgram may charge fees for the use of the Marketplace, which will be disclosed in advance.Sellers and buyers are obliged to process all transactions in accordance with the guidelines and provisions stated on the platform. Artgram assumes no responsibility for the fulfillment of transactions between users. It is the buyer's responsibility to verify the products or services before making a payment and the seller's responsibility to deliver the products or services as described. Artgram reserves the right to monitor payments and take appropriate action if fraudulent activity is suspected. This may include the temporary withholding of payments or the blocking of user accounts. By using the Marketplace, you agree that all transactions will be conducted in accordance with applicable laws and regulations. Artgram reserves the right to change the payment terms and procedures at any time and will communicate such changes accordingly.

6. Tax / VAT regulations

Sellers and buyers on Artgram are required to comply with all relevant tax laws and regulations of their respective countries. This responsibility includes in particular the collection, payment and reporting of all applicable taxes, including, but not limited to, sales tax, value added tax (VAT) or other indirect taxes. Seller Responsibility:

  • Sellers are obliged to apply the correct tax rates in accordance with the tax regulations of their country and the countries of their customers and to report them accordingly.
  • Sellers must ensure that they are correctly registered for tax purposes, especially when selling to countries that have specific registration requirements (e.g. VAT registration with Nexus in the USA). Buyer responsibility:
  • Buyers are responsible for complying with the tax regulations that apply to them and must remit any applicable taxes themselves if they are not reported and remitted by the seller. Artgram Responsibility:
  • Artgram is not responsible for the reporting or remittance of taxes unless specifically stated.
  • For sales where Artgram reports VAT or sales tax, Artgram assumes responsibility for remitting these taxes to the appropriate tax authorities in the destination countries. Mini-One-Stop-Shop (MOSS):
  • For sales to private individuals within the EU, Artgram will account for the relevant VAT and remit it via the Mini-One-Stop-Shop (MOSS) procedure. Artgram assumes no liability for the tax obligations of sellers and buyers, except in cases where Artgram has expressly assumed responsibility for tax payment.

7. Fees

Fees are charged on products as a percentage per transaction. Artgram reserves the right to change the fees for the use of the Marketplace at any time and will communicate such changes accordingly. The fees for using the Marketplace are non-refundable, regardless of any refund requests or the outcome of transactions. By using our platform, you accept that once paid, fees are non-refundable unless Artgram expressly states otherwise. Artgram will provide timely notice of any changes to the fee structure. It is the user's responsibility to inform themselves about the current fees. Continued use of the marketplace after a fee change is deemed to be acceptance of the changed fees.

The marketplace fee is 10% per transaction on all products.

8. Refund

Customers are entitled to a refund if the product does not match the description. Artgram assumes no direct responsibility for refunds. Buyers are encouraged to contact the seller directly to request refunds and resolve any issues. In the event of a dispute between buyer and seller, Artgram may act as a mediator to reach an agreement. The platform may make recommendations, but is not obliged to enforce a solution. Liability lies with the seller should they fail to fulfill their obligations under our policies. Sellers are responsible for processing refund requests in a timely manner and ensuring that products are delivered as described.

9. Code of conduct

It is forbidden to offer illegal products and fraudulent activities on Artgram. In addition, the offering of products created using artificial intelligence is not permitted. Violations of these guidelines may result in immediate termination of the user account. Users are obliged to comply with all applicable laws and regulations and to ensure that their offers and activities on the platform are legal and honest. Artgram reserves the right to take appropriate action for violations of the Code of Conduct, including the immediate suspension or deletion of accounts.

10. Dispute resolution

Artgram does not currently provide a formal dispute resolution process between sellers and buyers. Users are encouraged to first communicate directly with each other in order to resolve any disputes independently. If no agreement can be reached, users can ask Artgram to mediate. Artgram can act as a neutral mediator to promote an amicable settlement, but is not obliged to make a binding decision.

11. Exclusion and limitation of liability

Artgram is not liable for indirect, incidental or consequential damages arising from the use of the marketplace. This includes, but is not limited to, lost profits, loss of data or other immaterial losses. Artgram's liability is limited to the amount paid by the user for the use of the marketplace. This exclusion of liability applies regardless of whether the damages are caused by contract, tort (including negligence) or otherwise.

12. Changes to the marketplace terms of use

Artgram reserves the right to amend these Terms of Use at any time. Changes shall take effect immediately and shall be announced to users by means of a notice on the platform. Continued use of the marketplace after a change is made shall be deemed acceptance of the new terms. Users are responsible for regularly checking the Terms of Use for updates or changes. In the event of inconsistencies with the updated terms and conditions, users have the right to close their account and discontinue use of the marketplace.

13. Termination and sanctions

Artgram reserves the right to terminate or suspend user accounts in the event of violations of these Terms of Use. At the same time, users have the right to close their account at any time. Existing contractual obligations remain unaffected by a termination. This means that users remain liable for all transactions and agreements entered into prior to termination.


  • 2024-05-30: Adding the terms of use for the marketplace.
  • 2023-05-16: Removed occurences of Artgram UG.
  • 2023-02-18:
    • Updated sections to reflect our name and domain change and incorporation as Artgram UG.
    • Deleted section about affiliation with Google Workspace
  • 2022-12-29: Fixed typo
  • 2022-12-29: Reduce our flexibility in use cases for the AI model and remove ambiguity in license
  • 2022-12-25: Initial version