Terms of Service

By accessing or using the FANN platform—whether via the website at fann.art, our mobile applications, or any associated API—you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the platform. These Terms form a legally binding agreement between you and FANN Art Technologies Ltd, a company incorporated in the Dubai International Financial Centre ("FANN", "we", "us", "our").

FANN reserves the right to modify or update these Terms at any time at its sole discretion. For material changes, FANN will provide at least 30 days' prior notice by email to your registered address and/or by posting a prominent notice on the platform. Non-material changes (such as typographical corrections or clarifications that do not alter your rights or obligations) may take effect immediately. Your continued use of the platform following the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cease using the platform and may close your account in accordance with Section 18.

You must be at least 18 years of age and legally capable of entering into binding contracts under the laws of your jurisdiction to create an account and use the Platform. By registering, you represent and warrant that all information you provide—including your name, email address, country of residence, and payment details—is accurate, current, and complete, and that you will keep such information up to date throughout the duration of your account.

You may only maintain one personal account on the Platform. Creation of duplicate accounts or accounts on behalf of another individual without their explicit authorisation is prohibited. Business accounts are available for galleries, dealers, and institutional collectors and require completion of our enhanced business verification process. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify FANN immediately at security@fann.art if you become aware of any unauthorised use of your account.

In order to comply with applicable anti-money laundering regulations and our obligations as an art market participant, FANN requires all users engaging in financial transactions to complete identity verification ("KYC") before initiating or receiving payments. FANN applies a tiered KYC framework: Tier 1 applies to cumulative transaction values below USD 2,500; Tier 2 applies between USD 2,500 and USD 50,000 and requires enhanced due diligence; Tier 3 applies above USD 50,000 and involves full institutional onboarding. Full details of our KYC requirements are set out in our Compliance Policy available at fann.art/compliance.

FANN reserves the right to suspend, restrict, or terminate any account where required KYC documentation has not been provided within the prescribed timeframe, or where provided documents cannot be verified to our satisfaction. Where biometric data is collected as part of the identity verification process, it is processed solely by our licensed third-party KYC partner and is not stored on FANN servers. FANN will not discriminate against users on the basis of their national origin in the application of KYC procedures, subject to applicable sanctions restrictions.

By listing an Artwork on the Platform, the Seller represents, warrants, and covenants that: (a) the Seller holds full legal title to the Artwork and has the unconditional right to sell it; (b) the Artwork is free from all liens, encumbrances, export restrictions, cultural heritage claims, or any other third-party rights that would prevent or impair transfer of title; (c) the Artwork is not stolen or illicitly trafficked; and (d) all information provided in the listing—including title, artist attribution, date, medium, dimensions, condition, and provenance—is accurate, complete, and not misleading.

FANN applies listing standards that require high-quality images (minimum 2000px on the longest side), a condition report, and provenance documentation for all artworks listed above USD 10,000. FANN reserves the right, at its sole discretion and without liability, to review, reject, edit, or remove any listing that it believes violates these Terms, applicable law, or FANN's editorial standards. Sellers are responsible for ensuring their listings remain accurate throughout the listing period and must promptly notify FANN of any material change in an Artwork's condition, ownership, or legal status.

When a Buyer purchases an Artwork, funds are collected by FANN's payment processor and held in escrow. Escrowed funds are released to the Seller only after delivery of the Artwork has been confirmed by the Buyer, or after 48 hours following delivery confirmation by the logistics provider if the Buyer has not raised a claim. In the event of a dispute, escrowed funds are held pending resolution in accordance with FANN's dispute resolution procedure.

FANN charges the following platform fees on each completed transaction: a Buyer's Premium of 2.5% of the hammer price (inclusive of applicable taxes), and a Seller's Commission of 1.5% of the hammer price, deducted from the Seller's proceeds at settlement. These fees are disclosed at checkout and in the Seller's listing dashboard before any transaction is completed. Prices are displayed in the user's local currency for convenience but all transactions are settled in the currency agreed at listing (USD, EUR, GBP, or AED). Currency conversion fees, where applicable, are charged by the payment processor and disclosed separately.

Fractional Tokens represent economic interests in physical Artworks held in secure custody by FANN or its designated custodian. Fractional Tokens are not securities under applicable law unless specifically designated as such in the applicable offering documentation. FANN does not provide investment advice and makes no representations regarding the investment return or future value of any Artwork or Fractional Token. Past performance of art valuations is not indicative of future results.

Holders of Fractional Tokens acknowledge the following material risks: that the value of physical artworks may decrease; that there is no guarantee of liquidity on FANN's secondary market; that custodial arrangements are subject to operational risk; and that regulatory characterisation of Fractional Tokens may change. Fractional Token holders are entitled to a pro-rata share of net sale proceeds if and when the underlying Artwork is sold. Custody and storage costs are deducted from proceeds at the time of sale as disclosed in the offering documents.

FANN coordinates art logistics through a network of vetted specialist shippers and art handlers. Risk of loss or damage to an Artwork transfers to the Buyer upon physical delivery confirmation at the Buyer's designated address. Prior to delivery, all shipped Artworks are insured for their full transaction value by FANN's logistics partner at no additional cost to the Buyer.

The Buyer must inspect the Artwork promptly upon delivery and must submit any claim for damage or non-conformity within 48 hours of physical delivery, supported by photographic evidence and a written description of the issue. Claims submitted after this window may not be eligible for remedy. FANN's total liability for loss or damage during transit shall not exceed the insured transaction value of the Artwork. Buyers are responsible for any applicable import duties, taxes, or customs clearance costs at the destination, unless otherwise agreed in writing.

The FANN platform, including its software, design, trademarks, logos, editorial content, Certificates, and proprietary AI models, is owned by or licensed to FANN Art Technologies Ltd and is protected by applicable intellectual property laws. You may not reproduce, distribute, create derivative works from, publicly display, or exploit any FANN intellectual property without prior written permission.

Artists and Sellers retain full copyright over their Artworks at all times. By listing an Artwork on the Platform, the Seller grants FANN a non-exclusive, royalty-free, worldwide, sublicensable licence to reproduce, display, and use images of the Artwork solely for the purposes of operating the Platform, marketing FANN's services, and issuing the Artwork's Certificate. This licence terminates automatically when the listing is removed, except that FANN may retain archival copies of Certificates and historical listings for record-keeping purposes. User-generated content (including community posts, reviews, and comments) is licensed by you to FANN on the same non-exclusive basis for the purpose of displaying such content on the Platform.

Access to the FANN API is subject to these Terms and the additional rate limits and usage guidelines published in the FANN Developer Documentation. API keys are personal and must not be shared with or transferred to third parties. You are responsible for all activity conducted through your API key and must notify FANN immediately if a key is compromised.

The following uses of the FANN API are expressly prohibited: (a) scraping Platform data at scale beyond the published rate limits; (b) using FANN data to build or augment competing services or competitive intelligence products; (c) reselling or sublicensing FANN data without prior written agreement; (d) using the API to circumvent any access controls, KYC requirements, or payment flows. FANN reserves the right to revoke API access at any time if it determines, in its sole discretion, that these restrictions are being violated.

Your use of the Platform is also governed by FANN's Privacy Policy, available at fann.art/privacy, which is incorporated into these Terms by reference. By creating an account and using the Platform, you consent to the collection, use, and processing of your personal data as described in the Privacy Policy.

FANN processes personal data in accordance with applicable data protection law, including the GDPR (for EU/EEA residents), the CCPA (for California residents), and the DIFC Data Protection Law. Details of your rights as a data subject, including the right of access, rectification, erasure, and portability, are set out in the Privacy Policy.

The Platform and all services, content, and materials available through it are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, FANN expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

FANN does not warrant that: (a) the Platform will be uninterrupted, timely, secure, or error-free; (b) any results obtained from use of the Platform will be accurate or reliable; (c) any artwork certification or provenance verification will be conclusive as to the authenticity or title of an Artwork; or (d) defects in the Platform will be corrected. FANN is not responsible for the accuracy, completeness, or legality of content posted by users.

To the maximum extent permitted by applicable law, FANN's aggregate liability to you for any claim arising out of or in connection with these Terms or your use of the Platform shall not exceed the greater of: (a) the total fees paid by you to FANN in the three calendar months immediately preceding the event giving rise to the claim; or (b) USD 100.

In no event shall FANN be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or the cost of substitute services, even if FANN has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you to the extent prohibited by law.

You agree to indemnify, defend, and hold harmless FANN, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgements, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms or any applicable law or regulation; (b) your use or misuse of the Platform; (c) any content or information you submit, post, or transmit through the Platform, including but not limited to artwork listings and community posts; (d) any breach of your representations or warranties under these Terms; or (e) any third-party claim that your use of the Platform infringes such third party's intellectual property or other rights.

FANN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with FANN's defence of such claim.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), without regard to its conflict of laws principles.

In the event of any dispute between you and FANN, both parties agree to first attempt to resolve the dispute informally by contacting FANN at legal@fann.art. If the dispute is not resolved within 30 days of such notice, either party may refer the dispute to binding arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules. The seat of arbitration shall be Dubai, UAE. The language of arbitration shall be English. The arbitral award shall be final and binding on both parties. Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from a court of competent jurisdiction.

Severability. If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any applicable supplemental terms (such as the Ambassador Agreement or API Developer Terms), constitute the entire agreement between you and FANN regarding the Platform and supersede all prior agreements and understandings.

Waiver. FANN's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of FANN to be effective.

Assignment. You may not assign or transfer your rights or obligations under these Terms without FANN's prior written consent. FANN may assign its rights and obligations without restriction in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets.

Force Majeure. FANN shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, strikes, or shortages of transportation, fuel, energy, labour, or materials.

Contact. For legal enquiries regarding these Terms, please contact FANN Legal at legal@fann.art or via the contact form at fann.art/contact.